The Probate Lawyer Blog

Michael Jackson's Death On Trial: AEG Vs. The Jackson Family

Jury selection began yesterday in the trial of Katherine Jackson and Michael’s children against concert promoter AEG Live.  The Jackson heirs reportedly will ask the jury for $40 billion in damages against AEG Live.  They blame the company for Dr. Conrad Murray’s ill-fated propofol treatment of the late King of Pop. 

What is this trial really about?  Can the concert promoter be held legally responsible for Dr. Murray’ criminal mistreatment of Michael Jackson?

The answers are complicated and will be sorted out over the course of the next two to three months in front of a Los Angeles jury.  The trial will turn on two key questions:  Did AEG Live “hire” Dr. Murray to treat Michael Jackson, and if so, was it foreseeable to AEG that Dr. Murray could overdose Michael?  If the jury determines that the answer to both questions is yes, then it would then have to determine how much blame should be laid at the feet of AEG Live.

Katherine Jackson and her lawyers claim that AEG Live hired, supervised and controlled Dr. Murray, “putting its desire for massive profits from the Tour over the health and safety of Michael Jackson.”  AEG Live says that only Michael hired the doctor and it had no responsibility for how Dr. Murray treated Michael.

Is Promoter AEG Responsible For Michael Jackson's Death?

Concert promoter AEG is on the defensive after the Los Angeles Times recently published confidential emails about AEG’s role in Michael Jackson’s final days. The New York Daily News revealed more of the emails in a second article this weekend.  

Together, the emails paint a picture of AEG demanding that the concert tour go on, despite knowing the extremely fragile state Michael Jackson was in at the time.

But what does it all mean, legally?  Should AEG be found liable for Michael Jackson’s death?

Katherine Jackson and other family members sued AEG, blaming them for controlling and failing to supervise Dr. Conrad Murray, thereby causing Jackson’s death.  AEG denies it controlled or supervised Murray at all.  They say he was Jackson’s personal physician and he alone was responsible.

Whether that’s true or not, AEG was clearly involved in some manner.  The Daily News revealed the most telling of the emails that have been publicly disclosed so far, about AEG’s role in Jackson’s final days:

Can Florida Millionaire Justify Adopting His Girlfriend?

John Goodman is the 48-year old multimillionaire from Palm Beach, Florida who recently made headlines when it was publicly revealed that he adopted his 42-year old girlfriend to help protect the family fortune.  

Goodman did this in the midst of criminal and civil legal proceedings pending against him.  They arose from the February, 2010 drunk driving incident during which Goodman reportedly ran a stop sign, killed a 23-year old man, and fled the scene.  When it was recently revealed that Goodman, in October of last year, had legally adopted his girlfriend, people across the country were outraged.

Goodman’s lawyer issued a statement defending the adoption.  He states that the adoption was done to protect Goodman’s children, not to shield assets from the family of the slain driver who is suing him.

While Goodman has been bashed across the country for his legal maneuver, it actually makes sense from a probate law perspective.  Years ago, Goodman placed $1.5 million into an irrevocable trust for his two children.  By investing that money into stock of the Goodman Manufacturing Co., which grew extraordinarily well under Goodman’s management, the $1.5 million trust fund blossomed to several hundred million dollars.

Ringling Bros. Heirs Give New Meaning To Family Feud

Irvin Feld was a rock-and-roll promoter who purchased “The Greatest Show on Earth” in 1967. He created a promotion company to manage the Ringling Bros. Circus, along with Disney on Ice and monster truck shows, but none of his shows have been as eventful as what’s happened between his two children the last few years. 

Feld died in his sleep in 1984. He left most of his assets and his business to his son, Kenneth. His daughter, Karen, reportedly received very little and sued her brother claiming he tried to kick her out of her house. They settled and she was allowed to remain.

Karen also sued Kenneth when he was the trustee of a $5 million trust that their uncle set up for them; that was recently settled as well. The siblings agreed to divide the trust in two so Kenneth would not manage the money left in trust for Karen.

Katherine Jackson brings wrongful death lawsuit against AEG

When Joe Jackson sued for the death of his son Michael Jackson, Katherine Jackson initially said she wanted nothing to do with it.  Now Michael's mother, who is also the guardian of his children, has started her own lawsuit against the concert promotion company that, she claims, pushed Michael to his death.

Katherine's lawsuit blames AEG for the King of Pop's death and seeks damages on behalf of Katherine and Michael's children.  You can download and read the lawsuit here courtesy of TMZ.com.

Among other reasons, it accuses AEG of negligently hiring, failing to supervise and controlling Dr. Conrad Murray, the doctor who has been criminally charged for causing the death by using Propofol (and other drugs) to help Michael sleep, when it was not medically appropriate. 

DJ AM may have died without a will

Celebrity disk jockey DJ AM, also known as Adam Michael Goldstein, was considered by many to be the best -- or at least most famous -- DJ around.  He dated models and Hollywood stars, performed regularly with famous singers and rappers, and was hired to play music at the biggest celebrity parties.

He was found dead in his New York apartment on August 28th, from a drug overdose.  At this point, it's unclear whether he committed suicide or not.  He was 36.

This week, his mother filed to open a probate estate for Goldstein's assets, in Los Angeles.  Interestingly, the probate paperwork filed by her attorney indicates that it is undetermined whether he died "testate" -- with a will -- or "intestate" -- without a will.  Goldstein's mother lists herself as the only heir, because she is the only surviving parent.  Goldstein was unmarried and had no children.

Under California's intestate laws, if no will surfaces, this would mean that Goldstein's sister would not inherit anything; everything would go to his mother.  Is that consistent with what Goldstein would have wanted?  It doesn't matter.  When someone dies without a will -- even if everyone knows what he or she would have wanted -- the law decides who inherits. 

Michael Jackson death ruled a homicide

A wrongful death lawsuit is a certainty now.  In a previous article about the Michael Jackson Estate, I wrote how a wrongful death lawsuit was likely due to the unusual circumstances surrounding his death.  Now, the Los Angeles County coroner reportedly determined that Jackson died through a homicide.  This doesn't automatically mean it was a criminal act.  Officially, it means he died at the hands of another.

But let's put semantics aside.  Everyone expects that criminal charges will follow.  Dr. Conrad Murray, the Las Vegas cardiologist who treated Jackson, is under investigation for manslaughter because he administered the lethal dose of drugs to the King of Pop to help his sleep.  Here is the Associated Press article about the investigation and coroner's report. 

Rumors started before this that the Jackson family wanted to bring a wrongful death claim.  With this new report, you can bank on it happening.