A federal judge on Monday said that he lacked the authority to hear the wrongful death lawsuit filed by Michael Jackson’s father, Joe Jackson. The case was dismissed from federal court because Joe Jackson’s attorney agreed to drop a portion of the case that related to federal law. The remaining issues of the case are governed by state law and will be heard in a state court in California.
The wrongful death suit filed by Joe Jackson is against Michael Jackson’s former doctor Dr. Conrad Murray. The case was in federal court because Joe Jackson had alleged that Michael Jackson’s rights were violated under the Americans with Disabilities Act. The federal judge had made it known that he did not think the case belonged in federal court but allowed the case to stay in federal court until Monday’s hearing. In dismissing the case from federal court, the judge said that he was quite convinced that Jackson’s American with Disabilities Act cause of action did not allow for damages.
Joe Jackson’s case will likely join his wife’s case against Michael Jackson’s promoter in state court. Michael Jackson’s mother has accused concert promoter AEG Live of failing to give Dr. Murray proper lifesaving equipment as he watched over Michael’s concert preparation. Murray is accused of giving Michael Jackson a lethal amount of sedatives in Jackson’s home. The sedative that was provided is supposed to be used in hospital situations. Murray has been charged in a criminal suit for involuntary manslaughter and has pled not guilty. Murray is named as a defendant in Joe Jackson’s wrongful death suit but not in his wife’s suit.
Source: abcnews.go.com, “Judge Declines to Hear Jackson Wrongful Death Case,” Anthony McCartney, 11/1/10
