Dreht sich alles um den verloren gegangenen Brief, den sie erst später wieder fand und den das Gericht berücksichtigen müsse (siehe Post 1)
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Raymone Bain geht in die Berufung/ 44 Mio. Dollar-Klage
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R. Bain hat im letzten Monat gegen ihren Anwalt Garry Williams eine Klage wegen legaler Kunstfehler eingereicht. Wegen dessen Fehler habe sie die 44. Mio. Klage verloren gegen Jackson und MJJ-Productions.
Die Rechtsfirma des Anwaltes Garry Williams hat einen Antrag eingereicht die Klage abzuweisen. Der Kern von Bains legaler Kunstfehlerklage sie nicht nur spekulativ, sondern widerspreche sich auch zu den unbestrittenen dokumentarischen Aufzeichnungen.
Firm Seeks To Ax Michael Jackson Publicist's Malpractice Suit
Share us on:TwitterFacebookLinkedInBy Linda Chiem 0 Comments
Law360, New York (June 27, 2013, 3:31 PM ET) -- Florida-based law firm Gary Williams Parenti Watson & Gary PL asked a Washington federal court Wednesday to toss a $300 million malpractice suit launched by Michael Jackson's former publicist alleging it bungled her underlying suit against the late pop star, costing her millions in owed payments.
The law firm, its founder Willie E. Gary and former partner Linnes Finney Jr. filed a motion to dismiss celebrity publicist Raymone K. Bain’s malpractice suit for failure to state a claim, saying it’s substantively flawed. They contend that Bain’s suit merely speculates that she might have won her underlying breach of contract suit against Jackson and MJJ Productions Inc. if her lawyers at Gary Williams had presented proper evidence, amended her suit or at least filed a prompt appeal after it was dismissed on summary judgment in 2010.
“The core premise of Bain’s legal malpractice claim is not only speculative on its face, it is also flatly contradicted by the indisputable documentary record,” the motion said.
The firm and the lawyers contend that Bain couldn’t prove a viable legal malpractice claim on grounds that they didn’t tell the court about a April 24, 2008, letter signed by Jackson — which Bain only found after her underlying suit was dismissed — in which the pop star allegedly told Bain that he neither authorized nor signed any release that discharged the Jackson parties from any future claims and payments owed to her.
“Bain cannot demonstrate a causal relationship between the negligence and the harm she suffered as required to advance a viable legal malpractice claim,” the motion said. “Bain makes no allegations that the affidavits filed by the Gary defendants on her behalf in response to the motion for summary judgment were insufficient in any way. Other than speculation, her only argument is that the April 24th letter would have changed the outcome but as articulated herein, that argument fails.”
In the underlying suit filed in May 2009, Bain sued Jackson and MJJ Productions Inc. claiming she was entitled to a 10 percent finder’s fee for a number of deals she negotiated for Jackson, including a deal to release a 25th anniversary edition of the King of Pop's signature album “Thriller.” Jackson died in June 2009. Her suit was dismissed on summary judgment in May 2010 after a judge ruled she had signed the release containing a $488,000 payment that precluded her contract claims.
Last month, Bain sued her lawyers at Gary Williams for legal malpractice, claiming they failed to include important evidence in their arguments and their negligence lost her the case.
Counsel for Bain was not immediately available for comment on Thursday.
Bain is represented by Steven M. Pavsner of Joseph Greenwald & Laake PA.
The defendants are represented by Karl L. Chen of Chen Law PLLC and Sheryl Wood of The Wood Law Firm PLLC.
The case is Raymone K. Bain v. Gary Williams Parenti Watson & Gary PL et al., case No. 1:13-cv-00848, in the U.S. District Court for the District of Columbia.
http://www.law360.com/articles/45369...lpractice-suitZuletzt geändert von Lena; 23.12.2013, 12:26.
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So hier nochmal eine Abgewiesene Klage
Michael Jackson’s former business partners tried to get a multi-million dollar slice of the pie after MJ’s death, but a judge just told them to kick rocks . Three of the 4 plaintiffs claim they had a meeting with Michael in a Tokyo hotel room on June 1, 2006, and MJ promised them shares […]
Michael Jackson’s former business partners tried to get a multi-million dollar slice of the pie after MJ’s death, but a judge just told them to kick rocks .
Three of the 4 plaintiffs claim they had a meeting with Michael in a Tokyo hotel room on June 1, 2006, and MJ promised them shares of his company. They claim Michael wanted to reward them for their loyalty at a time when the music biz had turned its back on him.
The plaintiffs include MJ’s former publicist Raymone Bain and Quadree el-Amin — a former manager for Boyz II Men — but they have a big problem. According to docs, there was no written contract, it was an oral agreement. Monday in L.A. the judge said their story lacked credibility, and they were too damn late.
Howard Weitzman, lawyer for the MJ Estate, tells TMZ, “This was a frivolous and outrageous case and these claimants got what they deserved — which was nothing.”
The plaintiffs didn’t file their claim until 2014 — 5 years after Michael’s death. The judge said if they really did strike this mega deal — 1.6% each for 3 of them, and 10% for the 4th — why not try to get it while Michael was still alive? Not to mention the deadline for such a claim was 2010.
In other words: Too Bad.
Related article: More Drama over Michael Jackson Estate, Another Bogus Lawsuit & Who owns Michael Jackson Entertainment Firm?
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