June 27, 2011

KATHERINE JACKSON'S AEG LAWSUIT IS A CATASTROPHE


Since Michael Jackson’s death, I observed the corporations hovering over his corpse but they are not the only vultures. They say monsters come out after someone's death. Indeed we witnessed the greedy monsters, from having deceased's children sign belts to collaborating with the very people they claim to have deliberately murdered their son/brother, Jackson Family employed every possible scenario to devour pieces of Michael's corpse. While the world cried, the Jackson Family bounced swiftly from their “grief” to capitalize on Michael Jackson's death. The "Family" formed a NEW dysfunction to their arsenal of dysfunctions: Exploiting a dead man and parading his children in front of media like show ponies to exploit the man. and in the past 2 years, they turned exploiting Michael's death and his children into an art form.

DEPLORABLE EXPLOITATION OF MICHAEL JACKSON’S CHILDREN

Reebie Jackson refused to participate in a reality show, titled "The Jacksons: A Family Dynasty" where the less talented Jackson siblings cashed in on Michael's death. Initially, Jacksons planned on Michael's children being on the show. Reebie Jackson refused to participate, stating that she feels "Michael would spin in his grave if he knew his kids would be on this show.

Interviewer: Michael, you so rarely give interviews. What is the one thing you would like to say to your fans at this time?

Michael:  Thank you for all of my fans for understanding how important it is for me to protect my family from the public eye. I have lived in a "fishbowl" all my life and I want my son to live a normal life. (source: Michael Jackson OK magazine Interview)

Either the Jacksons didn't hear a word of Michael's wishes of privacy for his children
Or they won't let a thing like Michael's wishes to stand in their way of exploiting them!


THE CIVIL LAWSUITS BY KATHERINE & JOE JACKSON

Jackson Family lacks unity, united front and a unified strategy. This is nevermore more apparent than the civil lawsuits brought by the Family patriarch and the matriarch. They couldn't even unite for the sake of their deceased son to join their grievances in one single lawsuit rather than making each other "nominal plaintiffs" in two separate suits. What is more bizarre is that their petitions contradict each other.

Joe Jackson filed a wrongful death lawsuit against Conrad Murray and Katherine Jackson filed a lawsuit against AEG which are simply put, another way for Jacksons to capitalize on Michael’s death.

I won't get into the details of how the lawsuits contradict each other but I will point out to the most obvious one: Katherine claims in her petition that AEG hired Conrad Murray in May 2009. Joe claims in his petition that Conrad Murray "solicited" his services and employed by Michael Jackson 2006-2009. In addition, Katherine contradicted her own petition in an interview.

In this post, I will focus on Katherine's lawsuit, assessing it from AEG’s point of view. I am not siding with AEG. I am just trying to show that her lawsuit is built on sand.

JACKSONS: STOP BLAMING OTHERS! BLAME YOURSELVES!

In her petition, Katherine accused AEG for not having Michael's best interests in mind.
Because, as we all know, the Jackson Family did (stop snickering)

Katherine's petition claims that on June 18, 2009, upon missed rehearsals, Randy Phillips, Kenny Ortega, Frank Dileo and Conrad Murray attended a meeting with Michael Jackson. Randy Phillips allegedly demanded that Michael stop seeing Arnold Kline and only see Conrad Murray.

Katherine litigated Randy Phillips, Paul Gongaware and Kenny Ortega. On January 6, 2010, Kenny Ortega filed a petition demanding that he is removed from the petition, arguing that he isn't a party to Michael Jackson & AEG contract. On February 1, 2010, the judge granted his petition and removed Ortega from Katherine's lawsuit. Katherine's attorney, Kevin Boyle issued an apology to Kenny Ortega: "Based on recently discovered information, the Jackson family has determined that Mr. Ortega should not be a defendant. The Jackson Family apologizes for any discomfort or inconvenience this may have caused Mr. Ortega."

In response, Randy Jackson took his frustration to twitter:

"The Jackson Family as a WHOLE does NOT extend any sort of an apology to Kenny Ortega

In their obsession to get the show out, it appears Kenny & AEG didn’t care about my brother’s health & they didn’t inform the family

Michael would still be here had they informed his family of the situation. i cant believe IT!!!!!!!"

Jackson Family DID very well know of Michael's "situation". But they did NOT care about Michael's "situation". They were too busy pushing onto Michael a Jackson Family Show. Some things never change!!! The Family show was proposed by AllGood Entertainment who employed Frank Dileo to talk Michael into the Show but the negotiations weren't going anywhere because Dileo demanded $150,000 upfront as commission and Allgood didn't trust Dileo to pay him UNTIL he convinced Michael.

In Late January 2009, AllGood Entertainment heard from music executives about a pending (at the time) negotiations between AEG and Michael Jackson. So the urgency of AllGood reaching to Michael before he finalized a deal with AEG increased. AllGood moved to plan-B: Leonard Rowe.

Leonard Rowe was employed by AllGood Entertainment for $15,000. His job? To convince Michael to do a Jackson Family Show in Texas. Leonard Rowe brought in Joe, Joe engaged Katherine to try to convince Michael to the Jackson Family show. Patrick Allocco, President of AllGood Entertainment told me in our conversation that Katherine knew about Michael's "situation" and she was very much concerned.

So starting February 2009 to until his last days, Michael was pulled from both directions by two camps with their respective business proposals: AEG and its camp and  AllGood & its camp. You may remember that these 2 camps met at Beverly Hills Hotel on May 15, 2009. Randy Phillips, Paul Gongaware, Katherine Jackson, Joe Jackson, Leonard Rowe and Michael Jackson were participants of this meeting.

 


Katherine Jackson received $2 million check from AllGood Entertainment in exchange for convincing Michael into doing a Jackson Family show in Texas. To protect their interest, AllGood made the check out to Michael, reasoning that he would let his mother cash the check when she fulfills her obligation.


According to AllGood, Michael initially agreed to do the Family show after he completed his O2 Tour but later he had a change of heart. This is when the AllGood Camp decided that Michael was being controlled by AEG Camp and they devised a plan to have Michael hire Leonard Rowe as his manager. This was a plan to assume control over Michael.

After Katherine's insistence, Michael talked to Leonard Rowe on a phone on March 21, 2009 and told him that he would "think about" hiring Rowe as his manager. On March 26, 2009, unbeknownst to Michael, Leonard Rowe released a public statement on, announcing that he was Michael's manager. Michael was furious and he wouldn't take Leonard Rowe's calls. On April 2, Patrick Allocco talked to Katherine on the phone for 45 minutes; she agreed to talk to Michael. Katherine convinced Michael to see his father, Joe who hadn't seen his son since 2005 Trial. Michael agreed. Joe and Leonard Rowe showed at Michael's home on April 14, 2009 at 7:00AM. Joe talked Michael into hiring Leonard Rowe as his manager and Michael signed the contract.

It was usual for Michael to commit to something then have someone rescind his commitment. He had signed the Leonard Rowe contract because Joe was there.  Later in April, Michael sent Frank Dileo to rescind the contract. Dileo told Rowe that Michael doesn't want any further communication with him.

It is then that Jackson Family moved onto their next plan: move Katherine into Michael's home. But she wouldn't agree because she didn't want to invade Michael's privacy. This time, even Joe couldn't convince Mama Kate. Randy Jackson told Leonard Rowe that he had been talking to his mother to get on board but she wouldn’t. Yes, this is the same Randy Jackson who tweeted that if AEG et al informed the Family of Michael's "situation", he would have been alive.  Leonard Rowe even reached out to Reebie to have her convince Katherine. Noone could convince Katherine.

Patrick Allocco told me “Randy Jackson spoke with Leonard Rowe nearly every day.  It was always my understanding that Randy was behind our concert.  However, like his other brothers, he did not talk to MJ about it, simply because he didn’t talk to his brother during the 8 months that I was involved with MJ.”

You can read in detail about these events in this blogspost. In short, Jackson Family was well aware of Michael's “situation”. Now they are pointing fingers to everyone else while failing to acknowledge their own inaction.

Katherine's petition stated "AEG, despite its knowledge of Michael Jackson's physical condition, breached those duties by putting its desire for massive profits over the health of Michael Jackson."

“actions and inactions led to Michael's death”


Yes, it would have been the moral thing to do for AEG to postpone the show and urged Michael to get help. But their failure is NOT a legal breach. You can not sue AEG for not caring. This is a company who tore down the stage within 20 minutes of Michael's death. This is a company that was devising plans to recoup while Randy Phillips was standing in the emergency room while doctors worked on Michael. Randy Phillips himself said "I know it is not altruistic but it is business".

AEG isn't Michael's family. What is Jackson Family's excuse to stress Michael about their business endeavor instead of caring for  deteriorating his health?

CREDIBILITY OF THE SOURCE IN KATHERINE'S PETITION

The only person who attended the "Riot Act" meeting and NOT litigated by Katherine is Frank Dileo. UNLESS Katherine’s source who is willing to testify against the defendants is Frank Dileo, which is highly unlikely, AEG team may protest Katherine’s claims of what transpired in that meeting. AEG could contend that Michael's attendance to the rehearsals...or lack thereof was the agenda of this meeting.

Kenny Ortega testified during Preliminary Hearings that in this very meeting, Conrad Murray told him that Michael  was "physically and emotionally fine and was capable of handling his responsibilities with the show" Ortega testified that Michael told him in this meeting "don’t worry. I am fine. I can handle this." So much for Katherine's allegations of Michael's declining health!

In katherine's petition, the date of the "Riot act" meeting is wrong. The meeting was on June 20, 2009. Her petition claims it was on June 18, 2009. If the souce who relayed information about this meeting to Katherine and her lawyers wasn’t accurate on the date, how could this person’s veracity on other claims be trusted?

RANDY JACKSON BEHIND KATHERINE'S AEG LAWSUIT

Radar published that Randy Jackson was the force behind Katherine's AEG lawsuit.

"Katherine didn't want to sue AEG for Michael's death. Katherine Jackson was persuaded by her son, Randy, to file the wrongful death lawsuit against AEG"

The article sounded plausible and from the tone of the article, I surmise that the "source" is none other than Howard Mann et al.

Since this article, we have asked Randy Jackson to deny or confirm the Radar claims and to date, he didn't address the issue. But based on Randy's tweets, I believe that Randy is indeed the force behind AEG lawsuit. It was also Randy who was upset that Kenny Ortega was dropped from the lawsuit. He seems unusually invested in Katherine's AEG lawsuit.

On Sep 15, 2010, Randy Jackson tweeted:

"Today was a good day"

"I promised that I would not rest until the truth is exposed about what happened to my brothers passing. I am doing my best to keep that promise. On this day my family has filed a wrongful death lawsuit against AEG. I am proud of my family"

"I am proud of my family"? I guess he meant his mother because she was the one who filed the petition. Well, she is doing the Family’s bidding so I guess it makes sense.

KATHERINE JACKSON CONTRADICTED HER OWN PETITION

In her petition, Katherine claimed that Conrad Murray was “selected & hired by” AEG. Yet in the following interview, she said it was Michael who hired Conrad Murray.

 
video


AEG CLAIMS CONRAD MURRAY WAS HIRED BY MICHAEL JACKSON

"The lawsuit is inaccurate, unsubstantiated and meritless. Dr. Murray was Mr. Jackson's longtime personal physician. AEG did not choose him, hire him or supervise him" ~AEG

Conrad Murray Search Warrant stated that he submitted Michael Jackson patient files dating back to 2006. Joe Jackson's petition, which claims that Conrad Murray was employed by Michael Jackson 2006-2009, also corroborates with AEG's claim.

"Conrad Murray was Michael Jackson's personal physician for three years. Michael Jackson requested Murray be put on as part of the show. Murray, however, had yet to be hired. Discussions were along the way for a completed contract. Murray had signed the contract, however, neither Michael Jackson nor AEG had signed the contract." ~Russell Goldman, AEG spokesperson

NO LEGAL CONTRACT BETWEEN CONRAD MURRAY & AEG

Employers are liable for the conducts of their employees. For example, if a patient dies as a result of a doctor’s ineptitude or negligence, the victim’s family would sue the Hospital that employs him. If Conrad Murray was acting as an employee of AEG then AEG would have been the culprit.

While email correspondences between AEG representatives and Conrad Murray reveal intent to hire, the negotiations were still ongoing. The contract was signed neither by AEG nor by Michael Jackson. The aforementioned emails mean absolutely nothing from the legal standpoint. AEG was under no legal obligation to the terms in the contract draft because it was unsigned.

THE CONTRACT DRAFT IMPLICATES MICHAEL JACKSON

Following is from the contract Conrad Murray signed & faxed to AEG on June 24, 2009. 

Dr. Conrad Murray                                      AEG Live LLC

___________________                                _____________________________
Name: Conrad Murray                                    Name:
Title: An Individual                                         Title: An Authorized Representative

GSA HOLDINGS LLC

____________________
Name: Conrad Murray
Title: Manager

The undersigned hereby confirms that he has requested Producer to engage
Terms set forth herein on behalf of and at the expense of the undersigned

MICHAEL JACKSON

By: ________________
Michael Jackson
An Individual

THE LAW OF AGENCY

Lack of a signed contract between Murray and AEG would not, on its own,
preclude the court from concluding that an agency relationship existed between them.

The law of agency is a non-contractual relationship when an agent (Murray) is authorized to act on behalf of Principal (AEG) to create a legal relationship with a Third Party (Michael)

Succinctly, the law of agency is the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf.

According to the law of agency, if the principal (AEG) authorized the agent (Murray) to treat Michael then AEG bears vicarious liability and Murray isn't liable for acts performed within the scope of such authority.

However, the vicarious liability can only be established IF it is proven that AEG had actual knowledge of/directed the malfeasance, i.e. Murray's administration of Propofol. Absence of such knowledge by AEG would be considered to be Murray acting "on a frolic of his own”- another word, outside the scope of duty.

DIFFICULTY ESTABLISHING AGENCY BETWEEN AEG & MURRAY

Unless the email correspondences unequivocally reveals an expressed knowledge by AEG that Conrad Murray was administering Propofol, it will be next to impossible to establish agency relationship between Conrad Murray and AEG.

“$150,000 per month on a doctor, making protein shakes for you just doesn’t make sense” ~RANDY PHILLIPS

"The medical supplies in question were requested by Dr. Murray for use specifically in London in the event an unexpected need arose. When asked why these supplies were needed, Dr. Murray said that Michael Jackson was in excellent health but an artist of his stature should have this equipment on-hand when engaging in this type of performance." ~AEG

Katherine Jackson's very petition expresses that AEG wanted Michael to be lucid.

 “AEG said Klein’s drug made him SLEEPY and prevented him from rehearsing”

Conrad Murray gave Michael drugs that caused drowsiness and sleepiness. So AEG directing Murray to give sedatives to Michael would contradict Katherine’s petition.

FACTUAL MISTAKES IN KATHERINE JACKSON'S PETITION

AEG filed its response to Katherine’s lawsuit on Dec 30, 2010. The AEG petition stated The complaint (by Katherine) gets ONE THING right: Michael Jackson’s death on June 25, 2009 was a tragic event. However the complaint gets both the law and the facts entirely wrong. Plaintiff’s complaint must be dismissed
for what it is – a colorful fiction with no basis in fact or law

Tell me about it. If I, a person with no legal background can spot holes in Katherine’s lawsuit, AEG’s super lawyers will win this lawsuit blindfolded. Just the list of the cases they referred to was 2 full pages.

---“On May 12, Murray made his first order of Propofol
      No he didn’t. His first order of Propofol was on April 6, 2009

--- “On June 18, 2009, Jackson didn’t show up to the rehearsals"
      Yes he DID.

--- “On June 18, 2009, AEG representatives travelled to Michael Jackson’s House. Murray attended the meeting at AEG’s direction”
      The said meeting was on June 20, 2009, NOT on June 18th

--- "When Jackson got to the rehearsal at the Forum after the “Riot act” meeting, he was visibly shaken. At AEG’s direction, Murray went to the rehearsals that day”
      The “Riot act” meeting was on early afternoon of June 20. There was NO rehearsal after this meeting. Miko Brando said that Conrad Murray never attended rehearsals (@8:05 in below video)

Larry King: Do you know Dr. Murray?
Miko Brando: Heard of him, I've never met him. He was never at the Forum when
we had rehearsals, nor was he at Staples Center" 


---“Late that evening on June 18, 2009, Murray gave Jackson Valium, Ativan, Versed and Propofol in order to get him to sleep”
Propofol doesn’t get people to “sleep”, it puts them under coma. When Murray administered drugs to Michael, they were only ones in the room. What is the basis for this claim? How would you know what Murray gave Michael that night? It appears as if the author of this petition made it up as he went along!

There was no Valium on June 18. Conrad Murray prescribed Valium (Diazepam) on June 20, 2009. I called the drugstore it was picked up from and I was told that it was picked by on the same day.

---“In early May, AEG retained Conrad Murray”
    “The agreement provided the term of Murray’s services as May 1, 2009”
Tim Lopez testified that Murray had placed 3 sets of orders for drugs in April 2009.
On April 6, April 28 and April 30. IF Murray was retained by AEG in May, under whose authorization did Murray order and administer drugs to Michael? Once again, this implicates Michael.

---“Jackson continued to receive treatments from Murray over the weekend”
Michael Amir Williams testified that Conrad Murray “would come IF we had a rehearsal” There was no rehearsal on that weekend due to Father’s day. On June 21, Michael called Cherilyn Lee because one side of his body was cold and one side of his body was hot. On June 22, Michael went to see Arnold Kline. If Murray attended Michael over the weekend, he wouldn’t have reached out to Cherilyn Lee or Arnold Kline. Again, what is your basis in making claims on treatments that only Murray and Michael would have knowledge about?

KATHERINE JACKSON ISN'T THE GUARDIAN AD LITEM FOR MJ3

Katherine's petition mistakenly names Katherine Jackson as the Guardian ad Litem for Michael's children. Guardian ad Litem is a court appointed advocate for a child/children whose welfare is a matter of concern for the court. When the court is making decisions that will affect a child's future, the Guardian Ad Litem acts as a spokesperson who will provide objective & independent view about the best interests of the child.

In August 2009, Judge Mitchell Beckloff appointed Margaret Lodise as the Guardian ad Litem of Michael's children. Katherine is the guardian, NOT guardian ad Litem.

MICHAEL JACKSON'S BREACH OF AEG CONTRACT

Katherine Jackson's petition against AEG stated:

“AEG entered into a written agreement with Michael Jackson. The agreement was a venture to act jointly for profit of the development and the production of the This is It Tour”

"AEG demanded that Michael Jackson be treated by this particular doctor to ensure that Michael Jackson would attend all rehearsals and shows on Tour"

"AEG paid him $150,000 per month with his sole and exclusive job being to make sure that Michael Jackson got to the rehearsals and the shows"

 "The success of the Tour depended on both parties"

"AEG was doing whatever it took to make sure that Michael Jackson could make it to rehearsals and shows"

"The contract required much from Michael Jackson like appearing at grueling rehearsals and shows"

"AEG demanded and required that Michael Jackson attend all rehearsals and shows on the tour"

The nerve AEG had demanding that the artist they signed and invested millions for an upcoming Tour to appear at rehearsals and the Tour! Who in the world prepared this petition?! You couldn't help AEG's case any more if you tried!

Not showing up to the rehearsals would hardly constitutes as acting "for the profit of the development of the production." Michael had a contractual obligation to attend rehearsals and the shows. What is more natural than AEG expecting Michael to show up to rehearsals? You cannot point fingers at AEG and simply deflect Michael’s failure to honor his part of the contract, thus, breaching HIS end of the contract.

MICHAEL SAW ARNOLD KLINE AFTER THE RIOT ACT

"At the June 18, 2009, AEG demanded that Michael Jackson stop seeing Arnold Kline. AEG demanded that Michael Jackson be treated by this particular doctor [Conrad Murray] to ensure that Michael Jackson would attend all rehearsals and shows on Tour" ~KJ Petition

Well....the "Riot act" on June 20, 2009 didn't stop Michael from "seeing Kline" Michael saw Arnold Kline two days after this meeting, on June 22, 2009. This is a catch 22 situation. On one hand, AEG may claim that they didn't request that Michael stop seeing Arnold Kline. But if Katherine's camp could substantiate their claim that AEG did indeed ask Michael to stop seeing Klein, then the implication is "If Michael defied AEG and still saw Arnold Kline, he could have stopped seeing Conrad Murray...IF he wanted to"

KATHERINE’S LAWSUIT ABSOLVES CONRAD MURRAY

Her petition is based on the assumption (not proven) that Conrad Murray was bound to AEG and that he was acting as an agent for AEG. As discussed above, such agency agreement absolves Murray from legal liability for any wrongdoing arising during his treatment. Katherine’s petition takes the accountability from Conrad Murray and lays it squarely on AEG, thus, undermining the Conrad Murray trial. 

CPR MACHINE WOULDN’T HAVE SAVED MICHAEL JACKSON

Let’s assume for argument’s sake that the contract between AEG & Conrad Murray was signed and that AEG indeed hired Murray to treat Michael on its behalf and provided a CPR machine.

"The written confirmation stated AEG would provide Murray with Cardio-Pulmonary Resuscitation equipment and a nurse during his services."

Cardiopulmonary resuscitation (CPR) is an emergency procedure performed in an effort to preserve brain function until further measures are taken to restore spontaneous blood circulation and breathing. CPR machine sends electrical shock to the heart. Propofol stops breathing and a machine need to be used to breathe for the patient. What Murray needed was to intubate Michael and provide oxygen. The oxygen tank at the scene was empty and there was NO supply of oxygen. Even If Conrad Murray had a CPR machine, provided by AEG, it wouldn’t have saved Michael’s life.

AEG representatives aren't medical professionals. What do they know about the proper equipments Murray needed? Murray didn’t request from AEG any monitoring and life saving equipments. He didn’t request from AEG to hire an anesthesiologist. It was ultimately Murray's decision to start and continue administering Propofol to Michael without the proper equipment and staff.

KATHERINE & JOE SEEK NOT JUSTICE BUT CASH SETTLEMENT

Criminal Lawsuit is brought by the State, is handled by the District Attorney, in our case, Steve Cooley. This court is authorized to sentence the defendant to prison.

Civil Lawsuit is brought by an individual and is handled by an attorney. In our case, Joe’s attorney is Brian Oxman, Katherine Attorney is Brian Panish. This court is NOT authorized to sentence the defendant to prison. Civil courts are for collecting MONEY.


When Joe Jackson filed a wrongful death lawsuit, he named Katherine as the “nominal plaintiff”. Meaning that her name is on the lawsuit but she doesn’t receive any payment if Joe wins.   Katherine released the following statement via her attorney Adam Streisand:

"Mrs. Jackson has no interest in Conrad Murray other than seeing that justice is done in the criminal courts. She certainly would never tap Brian Oxman for the job of filing any kind of lawsuit for her or the kids."

Well...she did tap Brian Oxman for the job. It appears that Katherine’s attorney copy-pasted Brian Oxman’s petition. And if she was interested in seeking justice in criminal trial, why is she litigation AEG in a civil court? Because, EVEN IF, the court order Conrad Murray to pay, it doesn’t mean that the Jacksons could collect the money, considering Murray’s financial woes.  

Katherine Jackson is counting on that a giant corporation like AEG wouldn’t want to have their brand to be smudged by the negative publicity and that they would offer Katherine a hefty cash settlement on the 11th hour. Simply put, Katherine Jackson’s lawsuit is a financial blackmail against AEG.

Make no mistake about it, neither Joe’s nor Katherine’s lawsuit aims to seek justice for their son unless their definition of justice is getting paid in exchange for Michael's life.  They aim for respective parties to settle out of court for hefty amount of $$$.

KATHERINE LAWSUITS IMPOSES EMOTIONAL DAMAGE TO PRINCE

Katherine Jackson dragged Michael’s children into this lawsuit and named them as plaintiffs while dragging Michael’s Estate as a nominal party. The petition stated that Prince witnesses his father dying and suffered “a great trauma and emotional distress”.

It is heart breaking that Murray called Prince to come upstairs as Michael was in distress. But, it is as if, Katherine’s lawyers just threw darts at AEG, hoping one would land. It was Murray’s decision to call for Prince, what is AEG’s fault in this?

The entrance door into the bedroom was located on the right side of the bed. Michael was lying on the floor on the left side of the bed. So Prince couldn’t have seen his father. Faheem Muhammad testified that “Prince was right near the doorway. Maybe he was about 2 steps inside. He probably didn’t have visible on his father”.

The petition cites Dillon v Legg to support their claim that PRINCE is entitled to monetary compensation for the trauma. Dillon v Legg: In 1964, a child was hit and killed by a vehicle. The victim’s mother sued, naming herself and her other daughter as plaintiffs, claiming emotional distress as a result of witnessing the accident.

Dillon v Legg was the very first court to allow recovery for emotional distress alone, even in the absence of any physical injury to the plaintiff, where the plaintiff witnessed the death of a close relative at a distance and was not within the "zone of danger".

Plaintiff (Prince) may only recover damages if (1) he is closely related to the victim (2) is present at the scene (3) as a result suffers serious emotional distress

To prevail, Katherine’s lawyers need to provide records from a psychologist substantiating the emotional damage. AEG may also ask for an independent psychological examination with a doctor of their choice. In addition, Prince will have to give a deposition. AEG will try to establish pre-existing mental health issues, so Prince will have to answer questions about his mental health prior to the event.

PRINCE CAN BRING A WRONGFUL DEATH LAWSUIT UNTIL HE IS 20

Katherine is gambling while counting on AEG wanting to settle. What if AEG decides to fight this? Its plethora of super lawyers will resort to every maneuver to win this case.  Michael’s children were masked in Michael’s life. They grew up without the presence of a mother. AEG may play really dirty and bring up the 1993 and 2005 allegations against Michael. Dragging Prince into this fuckery of a lawsuit is appalling. This is just another way Katherine exploits Michael's child to get what she wants = $ 

It is unconscionable that the children are named in Katherine’s lawsuit.  Under California's statute of limitations, a plaintiff must bring a wrongful death lawsuit within 2 years of the date of death. However, if the plaintiff is a minor under the age of eighteen - which Prince is, then, then statute of limitation is suspended until Prince attains the age of 18. So Prince can bring a wrongful death lawsuit until he is 20 year old. Why not wait for him to grow up and and decide for himself to bring a lawsuit or not. He is simply too young to be dragged through this mess.

Stay tuned for the next exciting chapter in the never-ending Jackson family saga of: 



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1 comment:

  1. You are shocking me . . I don't know if you've ever read my blog . . but you have everything here that substantiates what Michael has said to me. Quote unquote, on one occasion he told me "my family is broke and will go to any lengths, even using the children" . . something to that effect *It's posted here: http://michaeljacksontwinsoul.blogspot.com/
    I've added a link to your blog on mine.

    ReplyDelete