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Судебные процессы против Конрада Мюррея, иск Кэтрин Джексон против AEG Live./The Trial of Conrad Murray, Katherine Jackson AEG Lawsuit

Кэтрин Джексон против AEG Live

Re: Кэтрин Джексон против AEG Live

#931  Сообщение Liberian Girl » 24 сен 2013, 14:01

показания Dr. Allen Metzger http://ru.scribd.com/doc/170494973/Dr-A ... Transcript

Окончательная инструкция  присяжных http://ru.scribd.com/doc/170454633/Jack ... structions
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Re: Кэтрин Джексон против AEG Live

#932  Сообщение Liberian Girl » 24 сен 2013, 17:32

Michael Jackson wrongful death trial: Jury gets instructions

LOS ANGELES (KABC) -- Things are coming to a close in the Michael Jackson wrongful death trial. The jury received instructions from the judge on Monday, and final arguments get underway on Tuesday.

Jackson's hopes for a series of comeback concerts ended before they could begin. After hearing nearly five months of testimony, a jury received its instructions about determining potential civil liability for the star's death.

"I think we put on the best evidence we could put on, and I think we put on an extremely compelling case," said Jackson attorney Kevin Boyle.

Attorneys for Katherine Jackson claim AEG Live contracted Conrad Murray, the doctor who supplied a lethal dose of propofol anesthetic to his celebrity patient.

"They absolutely haven't proven their case; they really haven't," said AEG attorney Marvin Putnam.

With the instructions, jurors now have a legal road map to lead them to a verdict. The first question could end the case. Did AEG hire Murray? If the answer is no, the case is over.

But the jury has three other choices, including an option that AEG and Jackson both hired the doctor. The Jackson attorneys say AEG had a motive to be involved.

"Our claim is that, why would AEG have needed a contract with Dr. Murray if they didn't want to have some control with Dr. Murray?" said Boyle.

AEG says its motive was to facilitate Jackson's wishes, providing payment for the doctor until the cash-strapped pop idol was making money again.

"We couldn't hire him, we couldn't fire him. That was for him to do. We were not nor should we be in the position of telling Mr. Jackson whether he could use his own doctor," said Putnam.

It's the Jackson side that has the burden of proof. If AEG played a role in hiring Murray, it must also prove four other points as well, including that AEG knew or should have known that Murray would be a negligent doctor.

The AEG defense has two points to prove: that Jackson did not use reasonable care to provide for his own well being and that his failure was a substantial factor in causing his harm.

Not specified in the instructions is the amount of damages the Jackson attorneys will ask for Jackson's loved ones -- Katherine Jackson, Prince, Paris and Blanket.

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Re: Кэтрин Джексон против AEG Live

#933  Сообщение Liberian Girl » 24 сен 2013, 17:34

Lawyers in Michael Jackson wrongful-death suit can't mask animosity

Tensions between Marvin Putnam, who represents AEG, and Brian Panish, who was hired by the pop star's family, have flared in and out of court.

Изображение
Marvin Putnam, right, represents AEG, which was organizing Michael Jackson's comeback shows in London. Putnam works for the O'Melveny and Myers law firm. (Kevork Djansezian, Getty Images)

Brian Panish was indignant as the two men argued in the judge's chambers.

"Judge," the Michael Jackson family attorney snapped, "if I want to give him the finger, I know how to give him the finger."

"And you did it quite well twice," replied Marvin Putnam, an attorney for entertainment giant AEG.

Panish denied doing any such thing but added, "If he wants me to give him the finger, I'm happy to do that."

The trial over whether a division of one of America's most powerful entertainment conglomerates is liable in the death of a legendary pop star has been filled with testimony about Jackson's drug use, his physical and mental deterioration and his growing fears as a comeback tour approached.

But the other drama may well be the bruising war of words between the two lead attorneys, one an Ivy League product who worked in France and the other a Fresno State grad who attended school on a football scholarship.

The two lawyers have snipped, argued, shouted, rolled their eyes, bumped shoulders in the courtroom doorway and once got into such a combative argument in the hallway that the court clerk stepped into the corridor to tell them to cool it; an order they promptly ignored.

For more than four months, the lawyers have taken daily shots at each other as jurors and spectators looked on, often in amusement, a sideshow that can be as riveting as some of the testimony.

The day after the argument in the corridor, L.A. County Superior Court Judge Yvette Palazuelos called the two attorneys into her chambers again and told them they would be sanctioned if their behavior didn't improve. Putnam called Panish "despicable" and refused to shake his hand. "Where I'm from," he said, "handshakes mean something."

With closing arguments in the long-running trial expected to start Tuesday, jurors and court spectators will get a final glimpse of two attorneys who seem to share little except an open disdain for each other.

"I can't think of a case where there's been so much animosity," said Panish, a veteran of more than 100 trials. "When I say good morning to them, they don't even say good morning back."

The stakes in the wrongful-death case are high, with one witness calculating that the pop star could have earned as much as $1.5 billion had he lived. But neither attorney, nor their law firms, is a foreigner when it comes to staggering sums of money.

AEG Live is represented by O'Melveny & Myers, a 128-year-old firm with 800 attorneys in 16 offices worldwide and a client list that includes Time Warner, Citigroup and Lockheed Martin. Its lawyers have served as U.S. secretary of State, secretary of Transportation and White House counsel.

The Jackson legal team is led by Panish, Shea and Boyle, which has one office and 15 lawyers. The firm has won 20 jury verdicts of $10 million or more, and its $4.9-billion judgment against General Motors, which a judge cut to $1.2 billion, was the largest personal injury verdict ever. The firm has done well enough to have an ownership interest in two airplanes.

Both Panish and Putnam are listed in the top 100 lawyers in California by the Daily Journal, but almost everything about their firms is different, from the attorneys they hire to their clients. Even the way they dress is different.

The O'Melveny & Myers attorneys look as though they were issued uniforms in colors ranging from black to dark gray. Jessica Stebbins Bina has worn black pantsuits every day of the nearly five months of trial. Contrast that with Deborah Chang, of the Jackson team, who has questioned witnesses while wearing a lime green coat, dangling earrings and high heels.

The O'Melveny team, nearly all Ivy Leaguers, is led by Putnam, a trim, balding man who grew up in Maine, attended Phillips Exeter and Harvard before earning his law degree at Georgetown. His wife, another Harvard grad, is executive director of Robert Redford's Sundance Institute and was president of production for Miramax Films.

Panish, the son of a lawyer, is heavyset with a full head of graying black hair. He attended Catholic schools, went to Fresno State on a football scholarship and received his law degree from Southwestern Law School.

Panish was recommended to the Jackson family by Thomas A. Mesereau Jr., who defended the pop star when he was tried on child molestation charges in 2005. "I told the family Brian Panish was the best plaintiff's civil trial lawyer in L.A. and that no one else comes close," Mesereau said.

Even the way the firms are paid underscores their differences.

Putnam's firm usually charges by the hour, and its lawyers get paid whether they win or lose. O'Melveny already has earned millions from the Jackson-AEG case.

Attorneys like Panish are more entrepreneurial. Each case is an investment, which is why his firm agrees to take fewer than 1% of those that come its way. "You have to be a risk taker to be a personal injury attorney," said Jody Armour, a professor at USC's Gould School of Law. "More of a swashbuckler by personality."

They usually are paid a portion of their clients' winnings, as much as 40%, and shell out the money for experts and other costs. If they lose, not only do they not get paid, they could be out a lot of money for their expenses.

"The big-firm lawyers get paid per hour," Panish said, "and we get paid perhaps."

Though corporate lawyers like Putnam seldom take cases to trial, the courtroom is a second home to personal injury attorneys such as Panish. "Since we filed this Jackson case in 2010, Brian Panish by himself has tried more cases to verdict than the entire team of O'Melveny lawyers working on this case have tried in their careers," said Kevin Boyle, Panish's partner.

During a recent week-long break in the Jackson trial, Panish was part of the legal team that won a $17-million verdict for an 85-year-old man whose leg was amputated below the knee after he was hit by a bus.

By the time a case like Jackson vs. AEG gets to trial, said John Nockleby, director of the Civil Justice Program at Loyola Law School, the two sides have already spent months squabbling over schedules, depositions, and expert witnesses.

"When the stakes are huge, as they are in this case, there are enormous pressures on lawyers to perform, to win these battles," he said.

Over the course of the trial, Putnam has directed several pointed accusations at Panish, saying he had "defamed a number of people inside the courtroom and outside the courtroom" and was telling reporters lies.

Putnam declined to be interviewed for this story.

On the other side, Boyle said that O'Melveny has gone out of its way to make things difficult, not even offering the usual professional courtesies, such as the scheduling of depositions or making simple agreements. O'Melveny wouldn't stipulate that Jackson was dead until after the trial had begun.

Asked if O'Melveny looked down on them, Boyle replied, "They certainly act that way. It seems a very coordinated effort of smugness."

Panish remains angry that Putnam accused his firm of leaking sealed emails to The Times. "I'm not happy about our integrity being challenged." Panish said.

Panish said he's gone against O'Melveny before without any problems.

"I don't have any issue with the law firm," he said. "Mr. Putnam doesn't like us. There's not much we can do about it. Everybody in the world's not going to like me."

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Re: Кэтрин Джексон против AEG Live

#934  Сообщение Liberian Girl » 24 сен 2013, 17:35

Michael Jackson wrongful death trial to wrap up before big crowd

At stake are millions, maybe even billions, of dollars that the King of Pop's mom and three kids say concert promoter AEG Live should pay for its alleged role in placing Dr. Conrad Murray at Michael's bedside the day he died.

Изображение
Michael Jackson's son, Prince, left, and the singer's mother, Katherine, arrive at the world premiere of Cirque du Soleil's Michael Jackson ONE in Las Vegas. A Los Angeles jury will have to consider how much to award Jackson's three children and mother if they determine concert promoter AEG Live LLC hired the doctor convicted of causing the superstar's June 2009 death.

The five-month spectacle of the Michael Jackson wrongful death trial begins its culmination Tuesday with the start of closing arguments and a move to a new stage five times the size of the courtroom where jurors started in April.

At stake are millions — possibly billions — of dollars that Katherine Jackson and the King of Pop's three kids believe concert promoter AEG Live should pay for its alleged role in placing Dr. Conrad Murray at Michael's bedside the day he died.

Michael's eldest son Prince, 16, previously testified along with the singer’s mom, Katherine, 83, and ex-wife Debbie Rowe. The pop icon's daughter Paris, 15, appeared only in snippets of deposition testimony after a suicide attempt in June.

A big crowd — possibly including Prince — is expected for final arguments, so court personnel moved the proceedings to the much larger courtroom with more than 200 seats.

A judge told the 12 jurors Monday that only nine had to reach agreement on whether AEG hired, retained or supervised Murray though a contract that was written, oral or created by intentional conduct.

Изображение
Michael Jackson's mother, Katherine Jackson, leaves the sentencing hearing of Dr. Conrad Murray, who's serving a four-year prison sentence for recklessly providing to Michael Jackson propofol as a sleep aid.

AEG has denied any wrongdoing, arguing that it was the "Thriller" singer who personally hired Murray and arranged to pay him with money advanced by AEG.

If the jury ultimately finds AEG hired Murray either alone or in part, it then must decide whether the company should have known Murray presented a risk to Michael, the judge said. And if AEG was negligent in that way, the jury must decide how much blame the company should assume compared to Jackson himself, the judge said.

For example, the jury could find that AEG was 75 percent at fault while Michael was 25 percent responsible for his own fate. In that case, the verdict amount would be reduced by 25 percent.
Jurors could set figures for both economic and personal damages but not punitive damages, the judge said.

Michael overdosed on surgery-strength anesthetic propofol in June 2009 as he prepared for his "This Is It" comeback concerts with AEG.

Изображение
From left, Paris Jackson, Prince Jackson, La Toya Jackson and Blanket Jackson attend the Mr. Pink ginseng drink launch party in October 2012.

Murray is now serving four years for recklessly providing the propofol as a sleep aid in a private bedroom without proper monitoring.

"Michael wasn't alone in what happened to him," Katherine's lawyer Kevin Boyle said outside court Monday.

He declined to give an exact figure for damages sought, but a paid expert who testified for Katherine claimed Michael could have earned more than $1 billion more had he survived.

"The children want their father back. This is not going to provide them that, but it can provide them with some closure, financial stability and allow them to try to start repairing their lives and moving on," Boyle said.

AEG lead lawyer Marvin Putnam said his client shouldn't have to pay a penny.

Изображение
Michael Jackson at a March 2009 press conference in London. He died the following June.

"This has never been anything but a shakedown. They've always just wanted to get monies out of AEG Live, and that's inappropriate," Putnam told the Daily News.

"As we all know, Dr. Conrad Murray was Michael Jackson's longtime doctor for three-plus years, and [Michael] approached AEG and said, 'Hey, I'm taking him on tour with me.' It wasn't a question,'" Putnam said.

He said if Murray had accompanied Michael to London for the concerts, AEG "certainly" would have advanced the funds to cover his services "like everything else on the tour."

"But that never happened," Putnam said. "As we know, one person paid Dr. Murray. The only evidence of any payments to Dr. Conrad Murray are payments by Michael Jackson. There's nothing by AEG Live because they never hired him."

Closing arguments are expected to conclude Thursday, with the case going to jurors after that, the lawyers said.

The high-profile trial got some extra star power when Janet Jackson attended with her mom, but testimony from Diana Ross, Quincy Jones, Spike Lee, Lisa Marie Presley and other big names on Katherine's original witness list never materialized.

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Re: Кэтрин Джексон против AEG Live

#935  Сообщение Liberian Girl » 24 сен 2013, 17:45

Who's to blame for Michael Jackson's death? / Кто виноват в смерти Майкла Джексона?

Los Angeles (CNN) -- Michael Jackson suddenly awoke at 4:30 a.m. on April 19, 2009, stood on his bed and exclaimed "I told you I cannot sleep all night!"

Jackson's frustration, just as rehearsals for his comeback concerts were gearing up, marked the beginning of the end for the pop icon, a deterioration documented by e-mails, photographs and testimony presented in the wrongful death trial of concert promoter AEG Live.

Nurse Cherilyn Lee, who had been giving Jackson IV infusions of a cocktail of vitamins for two months to help him sleep, sat at his bedside. "It kind of scared me," Lee said. "It really startled me when he stared at me with his big brown eyes."

Jackson asked Lee to help him find an anesthesiologist to infuse him with the surgical anesthetic propofol because he was convinced it was the only cure for his insomnia, she testified.

Jackson had made the same request of Dr. Allan Metzger when the doctor, who had treated him for 26 years, visited his Los Angeles home a day earlier, according to Metzger's testimony.

Metzger and Lee testified that they refused, warning Jackson that it was unsafe to use the IV anesthetic outside of a hospital or clinic.

Jackson told Lee that doctors had assured him it was safe as long as he was properly monitored. She testified that she told Jackson that any doctor who would give him propofol at home didn't care about him and was just doing it for the money.

Jackson died 65 days later from an overdose of propofol, a drug that Dr. Conrad Murray told investigators he infused into Jackson almost every night for two months to put him to sleep.
Murray is a month away from being freed from jail after serving two years for an involuntary manslaughter conviction in Jackson's death.

Closing arguments begin Tuesday in the five-month-long trial to decide if AEG Live shares responsibility in Jackson's death for the negligent hiring, retention or supervision of Murray.

The 83 days of testimony that ended Friday included startling revelations about the pop icon's fatal search for  sleep.

Burden of proof

Los Angeles Superior Court Judge Yvette Palazuelos instructed jurors Monday that Jackson's mother and three children have the burden of proving that their case is "more likely to be true than not true." Unlike in a criminal case, they do not have to prove it "beyond a reasonable doubt," she said. A verdict requires just nine of the 12 jurors to agree -- not a unanimous decision.

The Jacksons' lawsuit contends AEG Live is liable for damages in the singer's death because its executives hired Murray to serve as Jackson's personal physician for his "This Is It" tour and that they were negligent in hiring, retaining or supervising him.

Jurors will have a verdict form with 16 questions to answer during their deliberations. A "no" answer to any of the first five would end their deliberations and the trial immediately. Beyond that, they would decide what damages, if any, AEG Live would pay the Jacksons.

Question No. 1

Did AEG Live hire Murray?

Lawyers for the concert promoter argue that it was Jackson who chose and hired the doctor. Murray had treated Jackson and his children for minor illnesses for about three years while they were in Las Vegas. AEG Live Co-CEO Paul Gongaware began negotiations to hire Murray only at Jackson's insistence, they say.

A final contract between Murray and AEG Live -- with a third-party signature line for Jackson -- listed Murray's starting date as May 1, 2009. But it was not sent to Murray until just days before Jackson's death. Murray signed and returned it, but no AEG Live executive signed it after Jackson's death the next day. Neither Jackson, nor any of his representatives, ever saw the contract, according to testimony.

Jurors will have to decide if AEG Live's negotiations and actions, documented by several e-mails, constituted Murray's hiring in the absence of a signed contract.

Paul Gongaware, who was the top producer of Jackson's tour, wrote in an e-mail on May 6, 2009, that it was a "done deal" that Murray was being hired for $150,000 a month to serve as Jackson's full-time physician.

Murray sent an e-mail to AEG Live on May 15, 2009, saying he was "already fully engaged" in treating Jackson.

Jackson lawyers consider another Gongaware e-mail sent 11 days before Jackson's death to be a smoking gun to show that AEG Live considered Murray to be under their control, not Jackson's. "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him," the AEG Live co-CEO wrote.

Question No. 2

Was Murray unfit or incompetent to perform the work for which he was hired?

Murray practiced as an interventional cardiologist, which mostly involved placing catheters into the arteries of heart disease patients. Jackson had no known heart issues, which the coroner confirmed in his autopsy report. Jackson's chief medical problem was his insomnia, for which Murray had no special training.

Murray treated Jackson's insomnia with nightly infusions of propofol, a drug that is supposed to be administered only by an anesthesiologist or a nurse anesthetist under the supervision of a doctor. It was an approach to sleep medicine that is universally condemned after the singer's overdose death.
Murray's competence is also questioned by his decision not to use proper monitoring equipment that is standard when putting a patient into a drug-induced coma.

Jackson lawyers say that Murray's dire financial condition, combined with the high salary offered by AEG Live, added to his incompetence. He decided to breach his ethical responsibility to do no harm to his patient because he feared losing the job that offered to deliver him from a mountain of debt, they argue.

AEG Live says that Murray was never sued for malpractice and that he was licensed to practice medicine in four states.

Question No. 3

Did AEG Live know or should it have known that Murray was unfit or incompetent and that this unfitness or incompetence created a particular risk to others?

The Jacksons accuse AEG Live of failing to check Murray's background, which would have revealed he was deep in debt and desperately dependent on the $150,000 a month they agreed to pay him.
Two Los Angeles police detectives testified that they concluded Murray's financial woes were at the root of his motive in the involuntary manslaughter of Jackson. His Las Vegas home was facing foreclosure, he was $1 million in debt and he was behind on support payments for several children, they said. Their suspicions were raised when they read his contract, which said he could lose the lucrative job if the tour was postponed or canceled, they said.

Jackson lawyers argue that AEG Live should have ordered a credit check for Murray because of the sensitive job he was being given. AEG Live lawyers say their executives could not have anticipated that his financial circumstances were relevant to his competency as a doctor.

A music industry veteran hired as an expert witness by Jackson lawyers testified that AEG Live's agreement with Murray set up an "egregious" conflict of interest in which the physician was beholden to the company and himself before Jackson's interests.

It was "not unlike the team doctor for a football team, where the quarterback is injured and the doctor comes to the medical conclusion that the quarterback should be taken out of the game for a period of weeks, but the team doesn't want him out," said David Berman, who once headed Capitol Records. "There is an inherent conflict."

It was the doctor's responsibility, not the concert promoter's, to avoid a medical conflict of interest, AEG Live lawyers argue.

They say their executives had no way of knowing about the dangerous propofol treatments Murray was giving Jackson in the privacy of his bedroom. They presented testimony from a parade of former Jackson doctors and Jackson's youngest brother, Randy, in an effort to show that the pop icon was a drug addict who kept his use of prescription medicines private.

But two doctors called by Jackson lawyers testified they had discussed Jackson's tendency to abuse painkillers, while on tour, with Paul Gongaware when he worked as Jackson's tour manager in the 1990s.

Dr. Metzger testified that he had discussed Jackson's problem with insomnia to Gongaware.
Jackson's former wife Debbie Rowe testified that Metzger arranged for anesthesiologists in Germany to treat Jackson's insomnia between concerts in Munich with propofol in a hotel room in 1997. Gongaware was the tour manager then.

Jurors will have to decide if that is enough evidence to prove that it's more likely true than not true that AEG Live executives should have known that Murray might be using dangerous treatments for Jackson's insomnia as he prepared for his 2009 tour.

Question No. 4

Did Murray's unfitness or incompetence harm Michael Jackson and the Jackson plaintiffs?

If jurors get this far down the verdict form, it means they've answered "yes" to the previous three questions. Since they would have already decided Murray was unfit or incompetent, this question may not take much of their time.

Jackson died of a propofol overdose while under Murray's care, according to the autopsy report. It was not disputed at the trial. Evidence that led to Murray's involuntary manslaughter conviction two years ago was presented to this civil jury.

AEG Live challenged the estimates of economic harm cause by Jackson's death, but jurors saw plenty of evidence of the harm that the plaintiffs -- his mother and three children -- suffered by the loss of a son and a father.

Question No. 5

Was AEG Live's negligence in hiring, supervising or retaining Murray a substantial factor in causing Michael Jackson and the Jackson plaintiffs' harm?

AEG Live's negligence allegedly included executives ignoring a series of red flags that Jackson lawyers say should have alerted them that Murray was a danger to Jackson.

Murray was kept on the job despite warning signs that Jackson's health had deteriorated by the middle of June to the point that he could not remember song lyrics or perform trademark dance moves; he was hearing voices and talking to himself; and he was suffering chills during summertime rehearsals, Jackson lawyers say.

Assistant show director Alif Sankey testified that she screamed at show director Kenny Ortega in a phone call after a June 19 rehearsal, begging that he get help for Jackson. "I kept saying that 'Michael is dying, he's dying, he's leaving us, he needs to be put in a hospital,' " Sankey said. " 'Please do something. Please, please.' I kept saying that. I asked him why no one had seen what I had seen. He said he didn't know."

Jackson died a few days later.

Karen Faye, the pop singer's makeup artist, said Jackson seemed "frightened" and was talking to himself, repeating "the same thing over and over again" at that rehearsal.

Tour production manager John "Bugzee" Hougdahl sent an e-mail to AEG Live CEO Randy Phillips the next morning. "I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now," Hougdahl wrote. "He was a basket case and Kenny (Ortega) was concerned he would embarrass himself on stage, or worse yet -- get hurt. The company is rehearsing right now, but the DOUBT is pervasive."

Ortega sounded a warning the same day in an e-mail to Phillips describing "strong signs of paranoia, anxiety and obsessive-like behavior" from Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."

Ortega testified that with just a dozen days left for rehearsals before the touring company moved to London for the opening, he "felt that we should stop" the production on June 19, but he was "torn because I did not want to break Michael's heart."

Instead of stopping the rehearsals, getting a another doctor to check Jackson or replace Murray, Phillips met with Murray and put him in charge of making sure Jackson missed no more rehearsals.
Phillips sent an e-mail to Ortega after the meeting saying he had confidence in Murray, "who I am gaining immense respect for as I get to deal with him more. This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical."

AEG Live says that Jackson appeared much better on June 23 and 24, the rehearsals that are seen in the "This Is It" documentary. Jackson died on the morning of June 25.

Questions No. 6-13

If jurors get to question six, it means they've decided AEG Live is liable in Jackson's death. The next eight questions would decide a dollar figure for the economic and noneconomic damages suffered by his mother and children.

California law allows Jackson's heirs to sue for the lost earnings capacity -- the amount of money he could reasonably be expected to earn had he not died on June 25, 2009. Since Jackson was arguably one of the most successful entertainers in history, the damage amount could be enormous.
Contrary to what many media outlets have reported, the Jacksons never asked for $40 billion. In fact, by law the complaint does not state an amount. It is something that the lawyers may argue in court based on testimony and evidence presented in the trial.

Even though AEG Live sold out Jackson's 50 London shows in record time and their executives had placed a big bet on Jackson's earning power, their lawyers worked to convince jurors that Jackson was a has-been with limited future earning potential. One of their experts testified that he believed that Jackson might not have earned another dime in his career.

Eric Briggs based his conclusion on testimony by a Jackson sleep expert that the singer was near death from lack of sleep, even if he had not overdosed on propofol. Harvard sleep expert Dr. Charles Czeisler testified he believed that Murray's infusions of propofol robbed Jackson of essential REM sleep that would have eventually proved fatal unless stopped. The drug interrupts crucial REM sleep cycles, depriving the brain of real rest and repair, the expert said.

Jackson lawyers scoffed at Briggs' use of that theory, arguing that AEG Live would still be liable for that eventual death.

Briggs also questioned if Jackson would have been able to complete another world tour because of his health and poor demand for tickets. He testified that "significantly negative headlines, drug abuse and other issues" had ruined Jackson's ability to earn endorsement and sponsorship money.
A Jackson expert concluded that he was reasonably certain the pop icon would have earned $1.5 billion touring the world over the next several years had he not died. He based his estimates on AEG Live's own projections developed when its executives were planning to take Jackson on tour in the year before his death.

Jackson lawyers might suggest to jurors that they add additional damages based on what they think the entertainer might have earned if he had begun making films after completing his world tour. His son Prince and nephew Taj Jackson both testified about his plans to conquer the movie world next.
Jurors would also place a dollar value on the noneconomic damages suffered by Jackson's mother and three children. The jury did hear during the trial that daughter Paris Jackson, 15, tried to kill herself in June. It is not clear if Jackson lawyer Brian Panish will point to Paris' emotional problems, which the lawyers have blamed on the loss of her father, when he argues for noneconomic damages.

Questions No. 14-16

The amount of damages calculated by the jury could be significantly reduced when they reach the last three questions on their verdict form. These ask them to decide how much, if any, Michael Jackson's own negligence was a factor in his death.

Panish has stated publicly that Jackson shares some of the liability for his own demise, but he has not suggested a percentage. Jurors will be asked to assign a percentage of blame to Jackson and to AEG Live. The concert promoter would then be ordered to pay the percentage of the damages that equals its share of blame as determined by the jury.

Deliberations are expected to begin Thursday afternoon.

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Re: Кэтрин Джексон против AEG Live

#936  Сообщение Trueamore » 24 сен 2013, 19:05

ABC7 Court News ‏@ABC7Courts 3m
Breaking news: judge allowing cameras for closing arguments. Watch @ABC7 and http://www.abc7.com

Судья разрешил присутствие камер для чтения заключительных аргументов.

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Re: Кэтрин Джексон против AEG Live

#937  Сообщение Trueamore » 24 сен 2013, 20:27

Прямая трансляция здесь http://abclocal.go.com/kabc/livenow?id=9259817

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Re: Кэтрин Джексон против AEG Live

#938  Сообщение Liberian Girl » 25 сен 2013, 04:25

Jacksons vs AEG trial. BRIAN PANISH’S CLOSING ARGUMENTS / Суд Jacksons против AEG. Заключительное выступление BRIAN'S Panish

Изображение
Judge Yvette Palazuelos

BREAKING NEWS:  

The judge allowed cameras in the court room to show the closing arguments of both sides in the case!

ABC7 says:

“Closing arguments in the Michael Jackson wrongful death trial begin Tuesday, Sept. 24, 2013.

AEG is accused of negligently hiring Dr. Conrad Murray, who was convicted in 2011 of giving Michael Jackson a lethal dose of propofol, which led to his death. If jurors find that it was AEG that hired the doctor, they must also decide whether AEG was negligent in hiring Murray, and whether the concert promoter knew he was incompetent.


Mr. Panish: “Everyone knew there was a problem”

The trial has lasted nearly five months. Jurors have heard from more than 30 witnesses. Once the closing arguments are completed, jurors can begin deliberating as early as Thursday.” [ Изображение ]
Mr. Panish: “Everyone knew there was a problem”

The first to speak is Mr. Panish of the Plaintiffs.

ABC is livestreaming his closing arguments:

http://abclocal.go.com/kabc/livenow?id=9259817

LA Times is also streaming. They say that it works best on slow connections:

http://www.latimes.com/local/lanow/la-l ... ?track=rss

CNN is streaming too:

http://edition.cnn.com/video/data/2.0/v ... ream2.html

HLN is live-blogging the closing arguments and provides some of the highlights here:

http://www.hlntv.com/article/2013/09/24 ... -arguments

Изображение
The AEG lawyers

The comments on the HLN website are horrendous.  It is time Michael Jackson’s supporters had their say there too!

Live blog: Who’s responsible for MJ’s death?

By Amanda Sloane
Tue September 24, 2013

HLN is live-blogging closing arguments. Read below for minute-by-minute updates from the trial (best read from the bottom up):

6:59 p.m. ET: Panish has ended his closing argument. He thanked the jury, and told the jury he will give a shorter rebuttal argument Thursday. AEG’s attorneys will give their closing argument tomorrow. The judge told the parties to report to the courtroom tomorrow at 12:30 p.m. ET.

6:55 p.m. ET: Panish said he believes each of Jackson’s children should be awarded $85 million dollars for past and future losses.

6:50 p.m. ET: Panish is playing a song Jackson wrote for his children, while video plays of Jackson with his children.

6:47 p.m. ET: Panish said Paris was there when her father overdosed, and it was very traumatic for her.

Изображение

6:42 p.m. ET: Prince was very close to his father, and he was like his father’s little assistant according to Panish.

Изображение

6:36 p.m. ET: Panish is now detailing the non-monetary loss Jackson’s children have suffered from his death.

6:33 p.m. ET: Jackson wrote poetry for his mother.

Изображение

6:29 p.m. ET: This is a picture of the Jackson family home in Gary, Indiana.

Изображение

6:27 p.m. ET: Panish is showing the jury some pictures of Jackson with his family.

Изображение

6:25 p.m. ET: ”Death lasts forever,” said Panish. “This will never be replaced.”

6:23 p.m. ET: Panish is now discussing how the Jackson family has suffered loss besides monetary losses. He is explaining that Jackson family will no longer feel MJ’s love or comfort.

6:19 p.m. ET: Panish has picked back up with his closing argument. He says AEG wanted Jackson to perform, because his tour was going to make a large profit. He also says Jackson invested in his family.

5:57 p.m. ET: The video is over, and Panish said the video of past performances was the best evidence that Jackson could have still sold out shows if he had lived. Court is now in a 15 minute break.

5:52 p.m. ET: The video of past performances has been playing for more than 10 minutes now.

5:48 p.m. ET: The video also showed Jackson’s first moonwalk at the 25th Anniversary of the Grammy’s.

5:42 p.m. ET: The video of past performances shows Jackson performing with the Jackson 5 as a child, and also shows him performing to sold out crowds as an adult.

5:38 p.m. ET: Panish is playing a video of Jackson’s performances for the jury so they can see he could have still earned a substantial amount of money if he lived.

5:36 p.m. ET: AEG’s own accounting figures indicate that Jackson was going to earn close to $1.5 billion on his final tour.

Изображение

5:34 p.m. ET: Panish just played a clip from “This is it” with Kenny Ortega saying that Jackson could have sold out 200 shows on his final tour.

5:31 p.m. ET: Panish said Katherine Jackson should awarded less money that his children, because her life expectancy is much shorter.

5:27 p.m. ET: When deciding how much to award Katherine Jackson and Michael’s kids, Panish tells jurors they have to use common sense to decide “what is just and fair.”

5:25 p.m. ET: ”Unfortunately nothing can bring Michael Jackson back… in our society there’s a tremendous value placed on human life,” said Panish. He has started talking about Jackson’s mom, Katherine, saying there is no word for a parent who has lost a child because it’s “an indescribable loss that no parent should ever experience.”

5:22 p.m. ET: Panish is moving on to the next set of questions, which address compensatory damages.

5:19 p.m. ET: A timeline of Jackson’s medical treatments is displayed  on a slide. Panish says Jackson survived 50 years of procedures with “never a single issue.” He says the one thing that changed was AEG and Murray.

Изображение

5:16 p.m. ET: Panish tells jurors they don’t need to spend much time on question #4 and moves on to question #5: “Was AEG Live’s negligence in hiring, supervising, or retaining Dr. Conrad Murray a substantial factor in causing Michael Jackson and the Jackson Plaintiffs’ harm?”

5:15 p.m. ET: Panish moves on to question #4, saying the answer is “obviously” yes: “Did Dr. Conrad Murray’s unfitness or incompetence harm Michael Jackson and the Jackson Plaintiffs?”

5:10 p.m. ET: Jackson was described by a witness earlier in the trial as “very, very underweight… like someone who was at the end stage of a — of a long disease process.”

Изображение

5:04 p.m. ET: One AEG employee [Michael Bush] said Jackson was so thin, he could see his heart beating in his chest. Another employee expressed fears Jackson was going to die and needed to be hospitalized, according to Panish.

5:01 p.m. ET: The director of Jackson’s show e-mailed AEG executives, telling them Jackson was in trouble and needed a mental evaluation, according to Panish.

4:59 p.m. ET: E-mails Panish reads in court show there were concerns about “trouble at the front” when it came to Jackson’s health and his tour.

Изображение

4:56 p.m. ET: The director of the show, Kenny Ortega, was supposed to monitor Jackson’s health, according to Panish. “The pressure was on,” said Panish. Jackson and Ortega then put the pressure on Murray, according to Panish.

4:52 p.m. ET: Panish says everyone knew Jackson had problems sleeping and needed help to treat his insomnia.

4:48 p.m. ET: Testimony from earlier in the trial continues to be played by Panish.

4:41 p.m. ET: Panish warns the courtroom not to laugh as he replays testimony by a few AEG executives who are edited together to say “I don’t know” or “I don’t remember” several times.

Изображение

4:38 p.m. ET: Jackson family attorney Brian Panish has continued working his way through the jury verdict form, addressing question #3: “Did AEG Live know or should it have known that Dr. Conrad Murray was unfit or incompetent and that this unfitness or incompetence created a particular risk to others?”

4:36 p.m. ET: Court is now in session.

4:32 p.m. ET: Closing arguments should begin again any minute now.

2:59 p.m. ET: The judge has recessed the court for lunch. Closing arguments will resume at 4:30 p.m. ET.

2:57 p.m. ET: ”It’s not a stretch that he was unfit and incompetent — come on,” Panish said, in reference to Murray.

2:55 p.m. ET: A detective working for the LAPD was easily able to determine Murray was financially “a mess,” which was a motivation for what he did, according to Panish.

2:52 p.m. ET: Conrad Murray asking for $5 million to go on tour was a red flag showing he was “unfit, incompetent and outrageous,” according to Panish.

Изображение

2:50 p.m. ET: Panish says AEG Live wanted complete control over Murray and that some people do things they normally wouldn’t do because of a need for money.

2:47 p.m. ET: Video being played in court shows AEG executive Paul Gongaware being asked about the e-mail he sent (mentioned in previous entry). He says he doesn’t member sending it or what it means. “We weren’t paying his salary,” Gongaware said. He then says he doesn’t know whose salary he’s even talking about.

“It would be funny, but for somebody who has lost his life… I don’t think it’s funny,” Panish said.

2:42 p.m. ET: Panish shows this e-mail to the jury, sent between AEG execs: “We want to remind him that it is AEG, not MJ who is paying his salary.”

2:40 p.m. ET: Panish says Murray swore to do no harm but did it anyway: “Why did he do it? For the money.”

2:39 p.m. ET: “Was Dr. Murray swayed by the conflict of the money vs. the patient?” asked Panish.

2:36 p.m. ET: Murray had two obligations: One to the entity paying him money (AEG) and one to his patient (Jackson), according to Panish.

2:27 p.m. ET: Panish moves on to the second question on the verdict form: “Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?” Panish says it’s obvious Murray is unfit and incompetent because he killed the King of Pop and wasn’t trained to treat insomnia.

2:22 p.m. ET: Panish says Murray was included on AEG Live budgets.

Изображение

2:19 p.m. ET: Why would AEG let Murray have control over Jackson’s rehearsal schedule if he wasn’t hired by them, asks Panish.

2:13 p.m. ET: Panish is showing e-mails between AEG Live and Murray that he says prove they had a contract.

Изображение

2:04 p.m. ET: Panish is still going over the first jury question: “Did AEG Live hire Dr. Conrad Murray?” He says a contract can be written or oral, partially written or partially oral and that oral contracts are just as valid as written contracts.

1:58 p.m. ET: On the issue of whether AEG Live hired Dr. Murray, Panish says the evidence overwhelming shows that they did.

1:55 p.m. ET: “If the scale [of justice] tips ever so slightly, we have met the burden of proof,” said Panish, who must show AEG Live negligently hired, supervised or retained Dr. Murray.

1:53 p.m. ET: Panish is walking jurors through what needs to be proven in this case and who has the burden of proof.

1:51 p.m. ET: Dr. Murray broke his Hippocratic oath and AEG Live is responsible, according to Panish.

1:47 p.m. ET: An AEG exec had to throw Jackson in a shower and slap him before the press conference that announced his “This Is It” tour, according to Panish. Executives exchanged e-mails after saying, “We can’t back off now, it would be a disaster for the company.”

1:45 p.m. ET: Panish says AEG wanted Jackson to perform so badly “they would do whatever it took to get him on stage and they told that to Dr. Murray.”

1:42 p.m. ET: “He had abused prescription medications during times of pain, anxiety, stress,” said Panish.

1:39 p.m. ET: “The whole world stopped when the King of Pop died and everyone grieved,” said Panish.

1:37 p.m. ET: Panish says Michael Jackson “danced, walked, moon walked on this earth for nearly 50 years… someone like that only comes around every so often. We may never see the likes of Michael Jackson ever again… That gift came at a huge price.”

1:34 p.m. ET: Jackson family attorney Brian Panish begins his closing argument by thanking the jury for its service. Jurors have been listening to this case for five months.

1:24 p.m. ET: Katherine Jackson and daughter Rebbie have entered the courtroom. Grandchildren Taj and TJ Jackson (the sons of Tito) are now sitting with their grandmother.

* * *

Here is the first Youtube report  covering the event:



Alan Duke:

“The first question the jurors have to decide is if AEG Live actually had a contractual agreement, a hiring arrangement with Dr. Murray? They say there are three ways that they did. One is an oral contract. Two …  [illegible] and three is there was a written contract. Did they hire him and was it negligent?”

Lawyer for Michael Jackson’s family: AEG must pay for pop star’s death
Изображение
Brian Panish, attorney for Michael Jackson’s family, delivers his closing argument to jurors in a packed courtroom in downtown Los Angeles. (AL Seib / Los Angeles Times / September 24, 2013)[/quote]
By Jeff Gottlieb

September 24, 2013, 1:29 p.m.

[quote]Quoting from Abraham Lincoln, the Book of Exodus and internal emails from AEG Live, an attorney for Michael Jackson’s family told jurors Tuesday that the concert promoter hired the doctor who gave Jackson a fatal dose of a powerful anesthetic and now should have to pay for the pop star’s death.

After pointing out that AEG put Dr. Conrad Murray in charge of Jackson’s rehearsal schedule, attorney Brian Panish said, “Why would a doctor you haven’t hired be responsible for someone working for you to go to practice or rehearsal? Why? Because you hired him, that’s why.”
Изображение
Some AEG lawyers are thoroughly enjoying themselves

Panish tried to educate jurors, explaining that unlike in a criminal trial they needed only to find that their claims were more likely true than not for them to find in favor of Michael Jackson’s mother and three children.

The Jacksons have sued AEG for Jackson’s death, saying the entertainment firm negligently hired and supervised Murray.
AEG maintains that the doctor worked for Jackson and any money the firm was supposed to pay the doctor was an advance to the singer.
Panish explained that Murray did not need a written agreement to have a valid contract, that an oral agreement was just as good.
After not allowing TV cameras in court during the nearly five-month trial, Judge Yvette Palazuelos reversed herself Tuesday. The closing statements already had been moved to a much larger courtroom to accommodate the media crush and a growing number of spectators.

Изображение
Who is this guy the camera keeps showing?

Panish, speaking in a much calmer tone than he used during testimony, tried to turn the words of AEG executives against them, as he had during much of the trial. Panish will finish his closing statement Tuesday afternoon, and attorneys for AEG will have their turn Wednesday.

Panish quoted experts who said that when Murray closed his Las Vegas practice to take on Jackson as his only patient, asking at first for $5 million, the sum should have immediately raised red flags.
Murray, who was in dire financial straits, eventually agreed to compensation of $150,000 month, circumstances that experts testified created a conflict between his money needs and his patient’s care.

Изображение
Mr.Panish said he apppreciated the jurors’ attention and thanked them

Panish showed a television interview of AEG Live Chief Executive Randy Phillips, filmed before the lawsuit was filed, talking about Murray.

“The guy’s willing to leave his practice for a very large sum of money, so we hired him,” Phillips says in the interview.
“It’s real simple,” Panish said. “He’s the CEO of the company, as high as it gets. He admitted it.”
http://www.latimes.com/local/lanow/la-m ... 5878.story

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Re: Кэтрин Джексон против AEG Live

#939  Сообщение Liberian Girl » 25 сен 2013, 04:33

Jackson jury told to be conscience of community

Изображение
Brian Panish, attorney for the Michael Jackson family, asked a Los Angeles jury to act as the conscience of the community and award damages for the loss of the pop star's life. (AL Seib / AP)

Los Angeles— A lawyer for Michael Jackson’s family asked a jury Tuesday to act as the conscience of the community and award damages for the loss of the pop star’s life.

Attorney Brian Panish delivered his closing argument in a packed courtroom, explaining why jurors should believe concert promoter AEG Live LLC was negligent for hiring the doctor whose actions led to Jackson’s death.

Panish played videotapes of testimony from the 21-week civil trial and said it’s clear that AEG hired Dr. Conrad Murray, even though the contract with him may have been more oral than written.

AEG Live is accused of failing to investigate Murray’s background because the company was anxious to launch lucrative concerts.

Murray was convicted in 2011 of giving Jackson an overdose of the anesthetic propofol as he tried to sleep during preparations for his “This Is It” concerts in London. Some witnesses said Jackson was ailing at the time.

The promoter claims it was Jackson who insisted that Murray treat him because the former cardiologist was giving him propofol as a sleep aid.

AEG Live drafted a contract for Murray’s services, according to testimony, but it was never signed by anyone except Murray before Jackson died.

The lawyers who brought the suit on behalf of Katherine Jackson and the superstar’s children were allotted four hours on Tuesday for their initial presentation.

Attorneys for AEG will speak on Wednesday, also for four hours.

The plaintiffs, who have the burden of proof, get to speak a second time. In that grand finale, probably on Thursday, they are likely to tell jurors how much money the Jacksons are seeking for the loss of the superstar.

They are expected to ask for more than $1 billion, citing testimony of experts who said Jackson had a long lucrative career ahead of him when he died at the age of 50.

The judge moved the proceedings from her tiny courtroom to a larger courtroom to accommodate media, spectators, lawyers and Jackson fans who line up daily for a lottery to win seats in the courtroom.

The fans huddle and discuss the case in the hallway and wait to see Katherine Jackson enter the courtroom. Some wear T-shirts emblazoned with her picture and messages of support.

On Monday, Superior Court Judge Yvette Palazuelos gave the jury legal instructions. Everyone has biases, she said, but they must not be swayed by prejudice, sympathy or public opinion while deliberating. They also were told how to evaluate evidence and witnesses.

If the jury finds that damages should be assessed, the judge said they must not consider such issues as the grief endured by the Jackson family or the wealth of both sides in the bitterly fought case.

The instructions lasted about 30 minutes, a relatively short time because there is really just one central issue in the case: Who hired Murray? Was it AEG Live or Michael Jackson?

A unanimous verdict is not required. Only nine of the 12 jurors must agree.

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Re: Кэтрин Джексон против AEG Live

#940  Сообщение Liberian Girl » 25 сен 2013, 04:49

Judge rules Katherine Jackson is allowed to seek wrongful death damages

A Los Angeles judge has ruled MICHAEL JACKSON's mother Katherine can seek damages against concert promoters at AEG Live in her ongoing wrongful death lawsuit.

Изображение

The Jackson family matriarch and the King of Pop's three children are suing AEG Live executives over allegations they were negligent in hiring incarcerated medic Conrad Murray to care for the singer as he prepared for his This Is It comeback shows in London in 2009.

The physician is currently serving time behind bars after he was convicted of involuntary manslaughter for administering the fatal dose of anaesthetic propofol which caused the superstar's death in 2009.

The Jacksons are seeking more than £60 billion for loss of future earnings and other damages, and on Friday (20Sep13), Los Angeles County Superior Court Judge Yvette Palazuelos declared Katherine Jackson has grounds to sue for compensation because the Thriller hitmaker provided for "everything" for his mother, including her household expenses and food.

Ruling in the elderly Jackson's favour, the judge dismissed the defence argument suggesting Katherine had no claim to damages because she had also been receiving £6,670 a month from another of her famous kids, Janet Jackson, for "some period of years".

Judge Palazuelos wrote, "There is no evidence that Janet Jackson's contributions negated Katherine Jackson's reliance - to some extent - on (Michael Jackson's) contributions for the necessaries of life."

Under California law, parents cannot seek damages for wrongful death if their child had other heirs, unless they can prove they were financially dependent on their offspring.

Closing arguments and jury deliberations in the five-month trial are expected to begin this week (begs23Sep13), once the prosecution rests its case.

AEG Live bosses have denied responsibility for hiring Murray.

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