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Author Topic: Joe Jackson's Wrongful Death Suit  (Read 9710 times)

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Offline moonstreet

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Joe Jackson's Wrongful Death Suit
« on: August 17, 2010, 11:34:21 AM »
http://www.tmz.com/2010/08/16/joe-jacksons-lawyer-ass-pain-stairs-injured-michael-jackson-wrongful-death-lawsuit-delay/


Joe Jackson's Attorney: Law is a Pain in the Butt
8/16/2010 11:25 AM PDT by TMZ Staff 

Practicing law is a pain in the ass, and Joe Jackson's lawyer is living proof ... because he literally broke his preparing legal docs in the Michael Jackson wrongful death case.

Attorney Brian Oxman was walking down a flight of stairs last week with his MJ appellate brief in hand.  The brief was in response to the judge's threat to toss the wrongful death lawsuit because certain things were not alleged as required by law.

Oxman was going downstairs to hand a brief to the messenger ... when he slipped and fell down the stairs and badly injured himself, forcing him to ask the court for a delay in getting the documents to the court.

For anyone who has practiced law, it's a metaphor for the ages.

« Last Edit: October 11, 2013, 04:33:55 PM by moonstreet »

Offline moonstreet

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Re: Joe Jackson's Wrongful Death Suit
« Reply #1 on: October 07, 2010, 09:38:07 AM »
http://www.google.com/hostednews/ap/article/ALeqM5h9a7kycTsBsS5YVilTVuapWmQ4JgD9IMGLHG1?docId=D9IMGLHG1

Calif. court hears Jackson dad's estate appeal
By ANTHONY McCARTNEY (AP) – 8 hours ago

LOS ANGELES —
Michael Jackson's father was "grievously wronged" by a probate court that decided last year not to let him try to replace the administrators of his son's estate, an attorney argued Wednesday.

The arguments by attorney Brian Oxman, who represents Joe Jackson, were heard by a three-judge panel of the California Second District Court of Appeal after a probate judge ruled last November that Joe Jackson did not have standing to intervene in the matter.
The appeals panel did not issue a ruling but did question the legal steps Joe Jackson had taken after being left out of his son's will and whether the moves warranted revisiting the challenge to the administrators.

Associate Justice Laurie D. Zelon asked why Joe Jackson had withdrawn a petition to receive a monthly stipend from the estate before the probate court had a chance to rule on the request.

Oxman said the petition had seemed duplicative after Joe Jackson filed a wrongful death lawsuit in June against a doctor who has pleaded not guilty to involuntary manslaughter in the death of the pop star.
Attorney Howard Weitzman, who represents the estate, countered that pursuing the stipend petition would allow Joe Jackson to be questioned under oath about various other matters.

Zelon also noted that Oxman hadn't told the probate court that his client was considering the wrongful death lawsuit.
"I must beg this court's forgiveness. I must beg the probate court's forgiveness. The magic words 'wrongful death' did not pass my lips," Oxman said.

Associate Justice Fred Woods questioned why Joe Jackson hadn't filed a creditor's claim with the estate, since he has claimed his son supported him financially throughout his life.

Oxman said there was never a contract between Michael Jackson and his father for assistance.

Attorneys for Jackson's estate reminded the appeals panel that the singer had omitted his father from his will and he was not considered a beneficiary of the estate.

"He is not an heir," estate attorney Howard Weitzman told the panel in brief remarks.

Attorneys for the singer's mother, Katherine Jackson, and his three children also argued against Joe Jackson's petition.

Michael Jackson's will appointed attorney John Branca and music executive and family friend John McClain to oversee the pop singer's estate, which has earned tens of millions of dollars since Jackson's death in June 2009 at age 50.

Copyright © 2010 The Associated Press. All rights reserved.

KinGofPoP411Junky

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Re: Joe Jackson's Wrongful Death Suit
« Reply #2 on: October 07, 2010, 10:43:59 PM »
The following are only my opinions, but please do not mistake my critical thinking as "hating," or "bashing," Joe Jackson.

Personally and in all honesty, I really could care less about any civil suits that are filed. Justice is served in prison time, not dollar signs. There is no valid reason why any of the Jacksons couldn't have waited until after the criminal trial is decided to file these civil lawsuits. There is a statute of limitations for filing them, however, there are certain conditions that apply that allow a longer amount of time.

Recall O.J Simpson was found not guilty of any criminal charges in1994, but once the trial was over, the victims' families filed wrongful death suits and won their cases. The final decision in the civil cases were given 3 years AFTER OJ was charged. The clock on the statute of limitations doesn't technically begin until a cause of death has been declared.

Imagine the uproar and disappointment that will result if Murray's defense team ends up using these lawsuits to their advantage. They'll have more than enough to attempt declaring a mistrial due to a "tainted" jury pool because of all the UNNECESSARY attention that is deflecting focus away from the criminal trial. They'd be able to argue that all this extra press regarding the civil lawsuits provided the ground work for a jury that would already have preconceived judgments of Murray's guilt/innocence.

Not justifying this claim...BUT...

Usually, when filing a wrongful death suit there are four key elements to be considered:

A) "The death was caused, either in whole or in part, by the defendant."-This is why it would have been more ideal to wait to file for this lawsuit. A guilty charge would have completely satisfied this requisite. And although the coroner's report states that Michael died of "acute propofol intoxication administered by another," it does not prove Murray's guilt as a whole.

B)"The death came about because the defendant was negligent or strictly liable for the death."-Again, note that a guilty charge against Murray would have filled this requirement as well.

C)" The death affected a surviving spouse, child, or children, who were beneficiaries or dependents of the victim."-I do not believe Joe has any documentation that proves he was a dependent and he wasn't in the will...so he isn't a beneficiary either.

D) "The death of the victim must have resulted in monetary damages."
-Loss of companionship is one of the most likely "monetary damages" Joe could attempt to prove. However, Joe Jackson was estranged from his son and they did not have the typical father/son relationship. The absence of companionship postmortem is no greater than it was while Michael was alive. -Strike 1

-Loss of financial support.-Though I don't doubt Michael may have been still providing his mother with financial support that included an allowance for Joe while he was alive...verbal/oral agreements have no legal bearing, nor are they upheld in a court of law. He must be able to prove with hard evidence that Michael provided for the majority of his support for a substantial amount of time during the latter parts of Michael's life up until his death. The 2002 will would be Murray's greatest defense in proving that MJ was not concerned with his father's financial well-being and that Joe is not a beneficiary of Michael or his estate. Strike 2

Combine points A and B-Strike 3

I really wish Joe would fire Brian Oxman. Judging by how weak the claims he wants to attempt to prove are, I'd say somebody got his legal degree from a gumball machine.  :facepalm:


Ben971

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Re: Joe Jackson's Wrongful Death Suit
« Reply #3 on: November 01, 2010, 06:34:20 PM »
http://abcnews.go.com/Entertainment/wireStory?id=12023730

Judge tosses wrongful death case filed by Michael Jackson's dad; lawsuit goes to state court
The Associated Press

By ANTHONY McCARTNEY AP Entertainment Writer
LOS ANGELES November 1, 2010 (AP)


A wrongful-death lawsuit filed by Michael Jackson's father will now be handled by a state court after a federal judge said Monday he didn't have authority to hear the case and that the singer's father would be unlikely to collect tens of millions of dollars in damages in his court.

Joe Jackson's attorney agreed to dismiss part of his case against the doctor charged in the pop superstar's death, which prompted the judge to rule that the remaining issues had to be heard in state court.

U.S. District Judge John F. Walter opened a hearing Monday by telling Joe Jackson's attorney that he didn't think Jackson's father could receive any money from one of the major causes of action, which alleged the singer's rights were violated under the Americans with Disabilities Act.

"I am firmly convinced that you can't seek damages on this (disabilities act) cause of action," Walter said.

The judge said that was the only federal issue in the case and he would not handle any other issues. "This is a creature of state law, this wrongful death claim," the judge said.

Joe Jackson's attorney, Brian Oxman, agreed to dismiss the ADA-related claim and said he would refile the case in Los Angeles Superior Court soon.

Walter had previously expressed doubts that the case belonged in federal court, but had allowed it to remain until the case's first scheduling hearing Monday.

The lawsuit will likely join a case filed by the Jackson family patriarch's wife against concert promoter AEG Live. Katherine Jackson sued the company, which planned and promoted a series of London concerts Michael Jackson was preparing for when he died unexpectedly in June 2009.

She has accused the promoter of failing to give Dr. Conrad Murray lifesaving equipment and properly oversee him while he cared for her son during preparations for the concerts. AEG has said the lawsuit is meritless.

"Given the two cases pending, it makes no sense to have them separated," Oxman said. "It's a matter of practicality."
Murray's attorney, Charles H. Peckham, told Walter that there would still be legal hurdles in state court for Joe Jackson's lawsuit. He said after the hearing that Murray will challenge whether the elder Jackson has the right to sue for wrongful death.

Authorities have accused Murray of giving Michael Jackson a lethal dose of sedatives, including the anesthetic propofol, in the bedroom of the singer's rented mansion. Propofol is meant to be used in hospital settings.

Murray has pleaded not guilty.

Walter also said Monday he didn't want to wait for Murray's trial to conclude, and he warned the attorneys that if the case remained in his courtroom, it would not be significantly delayed.

"I'm not going to wait around for two years, if you think that's how long the criminal case is going to take," the judge said.

Murray is due back in criminal court Jan. 4 for the start of a preliminary hearing where prosecutors will lay out some of the evidence against him. His attorneys have said he did not give the one-time King of Pop anything that should have killed him.


Offline Pd

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Re: Joe Jackson's Wrongful Death Suit
« Reply #4 on: November 01, 2010, 10:06:06 PM »
This is all getting so crazy and out of hand now.

Ben971

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Re: Joe Jackson's Wrongful Death Suit
« Reply #5 on: November 02, 2010, 12:01:43 AM »
Everything is, the trial, the album, the estate, the money. And I dont think the loving family seem to be handling all this so well. Or Michaels wishes, that WE all know about.

SarahK

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Re: Joe Jackson's Wrongful Death Suit
« Reply #6 on: November 02, 2010, 08:30:02 PM »
The family are not handling themselves well at all!

Ben971

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Re: Joe Jackson's Wrongful Death Suit
« Reply #7 on: December 01, 2010, 05:55:22 PM »
http://www.foxnews.com/entertainment/2010/12/01/michael-jacksons-father-refiles-wrongful-death-suit/

Michael Jackson's Father Refiles Wrongful Death Suit

Published December 01, 2010

| Associated Press

Michael Jackson's father refiled a wrongful death lawsuit Tuesday against the doctor charged in his son's death and added as a defendant a Las Vegas pharmacy that records show sold the physician a powerful anesthetic blamed for his death.

The lawsuit seeks unspecified damages against Dr. Conrad Murray, who has pleaded not guilty in the separate criminal case to involuntary manslaughter in the singer's June 2009 death.

Joe Jackson initially filed his case against Murray in federal court on the first anniversary of his son's death. A judge, however, refused to hear the case and said it should be handled in state court, where it was refiled Tuesday.

"This has been a long process and the facts of Michael's death have been way too slow in emerging," said Joe Jackson's attorney, Brian Oxman. "There is still much to discover and we're going to find it out."

The lawsuit also names Applied Pharmacy Services, which court records show sold Murray the anesthetic propofol during the month before the singer's death. The pharmacy is accused of selling Murray excessive quantities of the anesthetic, which is normally administered in hospital settings.
Authorities have said the sale was legal.

A receptionist at Applied Pharmacy Services declined comment and refused to give her name.

Miranda Sevcik, a Murray spokeswoman, said the refiling of the case was expected.

"We'd like to remind people that Dr. Murray has not been found guilty of anything, and we believe his innocence will be proven in a court of law," Charles Peckham, an attorney for Murray, said in June when the case was initially filed.

The Los Angeles County coroner has blamed Jackson's death on propofol intoxication and ruled it a homicide.

Applied Pharmacy's sales of propofol to Murray were revealed in search warrants unsealed in Las Vegas in November 2009. At the time, authorities said a doctor licensed in two states can buy propofol in one and administer it in another.

Murray is licensed in California, Nevada and Texas -- all of which have restricted his medical license to some extent since the allegations surfaced in the death of Jackson.

Attorneys for Murray have said he did not give Jackson anything that should have killed him.
Joe Jackson's lawsuit claims Murray was negligent in administering propofol to Jackson, and he did not tell paramedics or an emergency room doctor that he had given the singer the drug.
The case could be consolidated with a lawsuit filed by Michael Jackson's mother, Katherine, against concert promoter AEG Live.

That suit claims AEG and its agents told Michael Jackson the company would provide medical equipment and hire Murray to care for him as he prepared for comeback concerts in London.
AEG has said through an attorney that Katherine Jackson's lawsuit is without merit.

« Last Edit: August 21, 2012, 11:51:29 AM by moonstreet »

Danica

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Re: Joe Jackson's Wrongful Death Suit
« Reply #8 on: December 02, 2010, 12:27:35 AM »
I hope Joe wins this lawsuit.
OJ Simpson was found "Not Guilty" in the criminal trial, but "Guilty" in the civil lawsuit. OJ's life went downhill in a hurry after that.

I hope Mur-Ass burns in Hell.

KinGofPoP411Junky

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Re: Joe Jackson's Wrongful Death Suit
« Reply #9 on: December 05, 2010, 11:20:51 AM »
I feel frustration with Joe's lawsuit. Justice is served in prison time...not dollar signs.

From the very moment it was revealed that he'd be heading to court, I just knew this man would end up making a fool out of himself, especially with somebody like Brian Oxman leading the way. I understand the hunger and thirst for justice, but how do we expect the laws to be bent just to feel a sense of fulfillment in regards to making Murray pay somehow or another?

Joe has quite a few things he must prove in order to gain any judgment in his favor...the main ones being:

A) Proving that he's one of Michael's beneficiaries

and

B) Proving Murray's neglect led to his son's death

He's already been mocked in the media because he had went on record saying this his son was NOT supporting him...which proves that he was by no means a beneficiary and thus he has suffered no substantial loss of financial support or loss of companionship.

As it stands, Murray has plead not guilty to the weak IVM charge he faces. Brian Oxman had to be removed from Michael's case in 2005 because it became quite apparent that BO was more interested with show boating and camera wh**ing  :censored: than he was in trying to prove MJ's innocence...thank GOD a more intelligent and hard working man took over the reigns...THANK YOU MR. TOM MESEREAU!!!  :clapping:

If BO couldn't put in the necessary time and effort to build the same strong defense as Tom Mesereau did, then how could it be trusted that he'd be able to build any strong case proving Murray's guilt? The burden of proof lies with BO and Poppa Joe to prove Murray's guilt beyond a reasonable doubt...do you trust BO is up to the task?

Review the facts, BO himself, went on camera to state specifically that Michael had an addiction. While Murray still had a Hippocratic oath to uphold, when that detail slipped from BO's mouth it sent a message that Michael was just as responsible for his own death as Murray was...how could he prove Murray's neglect caused his son's death while saying this at the same time?!! Strike ONE in my playbook.

BO also completely fudged up the first time he filed the wrongful death suit...not very organized or professional in my opinion, nor is it encouraging to say the least. And just recently the case was dismissed in a federal court because BO demonstrated his incompetence ONCE AGAIN, by filing the suit to the wrong courts...strike two.

And here's strike THREE...

Brian says Joe is alleging the following:

-Joe claims Murray wrongfully provided the powerful anaesthetic Propofol and a “polypharmacy” of other drugs to his son just before he died.

-Joe also alleges Murray asked a security guard to clean the room in which Michael died of medication before police arrive at the Los Angeles mansion.

The latter is what concerns me most.  :no:

As far as I understand, the latter of the two has only been speculated. No concrete evidence has been provided that the "clean up," job that was executed to hide evidence ever happened and I seriously doubt neither the DA nor the LAPD has shared any information regarding their investigation. In my opinion, if such an allegation was true...then why isn't the bodyguard in question facing an obstruction of justice charge?

So, what that means is BO is unprofessionally grabbing at straws...out of all the things he could have alleged and proven he chose to present speculation to prove his case, over facts.

Again, here's to hoping that stupid people would just hold their breath, then forget how to breathe.  :hissyfit:



Ben971

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Re: Joe Jackson's Wrongful Death Suit
« Reply #10 on: December 05, 2010, 11:51:34 AM »
As it stands, Murray has plead not guilty to the weak IVM charge he faces. Brian Oxman had to be removed from Michael's case in 2005 because it became quite apparent that BO was more interested with show boating and camera wh**ing  :censored: than he was in trying to prove MJ's innocence...thank GOD a more intelligent and hard working man took over the reigns...THANK YOU MR. TOM MESEREAU!!!  :clapping:

If BO couldn't put in the necessary time and effort to build the same strong defense as Tom Mesereau did, then how could it be trusted that he'd be able to build any strong case proving Murray's guilt? The burden of proof lies with BO and Poppa Joe to prove Murray's guilt beyond a reasonable doubt...do you trust BO is up to the task?

ABSOLUTELY!!!

KinGofPoP411Junky

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Re: Joe Jackson's Wrongful Death Suit
« Reply #11 on: December 05, 2010, 11:59:02 AM »
Am I understanding you correctly, you believe BO can prove and win this lawsuit  :confused1:

LastTear

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Re: Joe Jackson's Wrongful Death Suit
« Reply #12 on: December 05, 2010, 12:05:06 PM »
Why is it everything Joe Jackson touches ends up as a farce (or in the past a law suit for Michael)!  It's always the same, starts off with good intentions and ends up creating more doubt than ever before.


Ben971

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Re: Joe Jackson's Wrongful Death Suit
« Reply #13 on: December 05, 2010, 12:08:39 PM »
Am I understanding you correctly, you believe BO can prove and win this lawsuit  :confused1:

 :toofunny:  no, I was just agreeing with u!  :tlaugh:  Shouldnt have quoted the question.
I believe all BO can do is RUIN the case.


@LastTear : I believe the only intention Ox has is getting as much time on tv that he can.
« Last Edit: December 05, 2010, 12:10:20 PM by Ben971 »

LastTear

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Re: Joe Jackson's Wrongful Death Suit
« Reply #14 on: December 05, 2010, 12:23:14 PM »
@Ben yes thats always been clear, that man is sooo slimy.

I'm very nervous abt the case next year, I know the preliminary hearing is 4 Jan, do we have any idea when the trial proper may start?