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Jeffrey Gold & Associates Law Office
1847 Route 70 East
Cherry Hill, New Jersey
On 9/18/13 the Supreme Court turned tail and ran from the firmware change part of its own 5 year old Chun order, relieving the state of having to change the firmware at all. Although dramatic, this changes very little as the State hasn’t changed even the most mundane firmware such as to daylight savings to date, and frankly I doubt they would have ever changed any software unless the decision today forced them to. The court has decided to maintain the status quo minus the firmware revisions, with a minor adjustment for 60 year old women.
The N.J. Supreme Court released its opinion in State v O’Driscoll today. Its a very narrow holding based on the facts of the case that the mistake of an officer in reading the old refusal form statiung 6 months mandfatory suspenion instead of the current 7 months, is not “material” . It did not reach the larger issue that the case was cited for ie the interlock discrepancy or the present refusal form. However it as much as the court announces the standard of materiality, these issues are left for another day
by Jeffrey Evan Gold
Michael Jackson role as the Scarecrow in the filmed version of The Wiz was sort of prophetic really. How truly internally weak and made of his own creation was this King of Pop, continually in need of more straw and being propped up by others.
This week the civil suit by Michael Jackson’s kids against AEG, the promotors of the “This Is It” tour heated up with the promoters putting on the stand Debbie Rowe, MJs ex and mothers to his 2 kids. The point was to show MJ used propathol as far back as the 90s. The lawsuit’s cause of action is that the concert promotors were negligent in hiring Dr Murray and so were in effect complicit in his prescription of propathol, an anesthetic MJ was using to sleep.
The testimony of Rowe was interesting in a celeb way for many MJ fans letting them into the private world of MJ. But it would seem to have been also pretty devastating for the kids suit because it showed Michael’s propensity for the drug long before Dr. Murray. Or was it?
Yes, AEG showed exactly its point, MJ was addicted to the drug long before. On the other hand, many of these promoters were on hand back then. They may very well have known this odd propensity for the almost coma inducing anesthetic propathol.
So when these promoters put up bundles of cash and time and effort to capitalize on MJ one last time, didn’t they know exactly why they were paying Dr Murray $150,000 a month? The legal questions may be did they specifically know what the Dr would do? Are they liable when they hire a licensed MD to do his job? Could they foresee that he old disregard all medical ethics for his paycheck?
This is a negligence case, the issue is whether the promoters had a duty of care to MJ, broke that duty, which caused his death. The burden is on the kids to show these elements but by a preponderance of the evidence
We will know what a jury says soon. This is the defense case we are in now. Dr Murray was been convicted criminally long ago. This civil case is just about money. Yet, there really is something sinister about these promoters in my opinion who would hire a Dr to do whatever was needed to prop up their investment.
Seems to me that all these close past associates of MJ really cared about was their capital investment in a man part golden calf, part scarecrow. I imagine them wicked witches in this story …all that is needed is to outfit Michael’s monkey with wings. More straw Dr Murray! Do what you need to do Mr Murray! You must “take care” of our investment Dr Murray! Hahahaha!
Ok, so I’ve gone over the top to make my literary point. But my own opinion is that they knew all the MJ lore much better than most. They after all knew Michael very well indeed. That’s why i think they hired the Dr. They knew he could never get through the tour without medical help, without someone propping him up, putting more and more straw in the scarecrow, doing whatever it took to get a return on their capital investment, with a blind eye to the risks to their golden idol.