His comeback tour is still postponed, but Michael Jackson may have managed to avoid a different disaster this week when lawyers appeared in federal court to fend off a potential default judgment against the pop star.
On Monday, attorneys from Dewey & LeBoeuf filed an appearance for Jackson at the U.S. District Court for the District of Columbia, 11 days after the court clerk’s office filed entry of default against the performer. Jackson didn’t respond after his former publicist, Raymone Bain, filed a $44 million lawsuit against him on May 5. Last week, Judge James Robertson held a hearing with Bain’s attorney, Frederick Samuels, name partner of Cahn & Samuels, to discuss a possible default judgment for his client.
Yesterday, Jackson’s legal team, which includes Dewey partners Henry Asbill and Donna Gordon, filed a motion to clear out the default entry, claiming that Jackson was never actually served with the suit.
Earlier this month, Bain filed affidavits showing that copies of her suit had been handed off to a security guard at Jackson’s Los Angeles Home, and to a former representative of his company, MJJ Productions. But the documents never made it to Jackson, his lawyers said.
Instead, Jackson allegedly heard about the suit on June 7 from friends who had read about it in the media (news reports of the suit broke the day it was filed). You can see The National Law Journals coverage here, here and here.
“Despite rumors and innuendos that may have surfaced before that date, Mr. Jackson did not conceive any lawsuit would be possible” because of an agreement Bain allegedly signed, his lawyers wrote in their motion.
Besides asking Robertson to get rid of the default entry, Jackson’s lawyers have also filed a motion to dismiss Bain’s suit. The publicist alleges that Jackson never paid her money she earned by arranging a series of lucrative business deals for the star. But Jackson's lawyers say Bain signed a release agreement that paid her $500,000 in return for waiving her right to any future earnings.
UPDATE June 26
I wonder what the status of Raymone Bain's allegations and suit stand now after all that's happened? Michael Jackson will live forever in the hearts and minds of his many fans.
Posted by: Michael Jackson Halloween | February 01, 2010 at 08:34 PM
Good or bad, news about Michael Jackson thrills many. Thanks for a great post.
Posted by: Jonas | June 25, 2009 at 02:07 AM
The only way around that document would be if Bain hasn't been paid yet.
Posted by: A.G. | June 23, 2009 at 12:59 PM
The agreement was presented to the court. A friend of mine has a copy of it and it is airtight
Posted by: Karen | June 22, 2009 at 12:49 PM
Don't understand why there are so many negative people out there against Michael Jackson.....it's sickening. For those that stupid to believe those high powered lawyers would walk into a court room without having proof she signed a statement.......you are beyond stupid. This is not school yard here...da?.........
Posted by: Robert P | June 19, 2009 at 04:13 PM
Did Jackson's lawyer submit a copy of the "release" agreement Bain allegedly signed? If not, I'll bet one does not exist.
How is it possible Jackson did not know of the lawsuit until June 7th? I find this very hard to believe. I'll bet a judge won't believe it either.
If Jackson's lawyers can't produce a valid "release" agreement signed by Bain, then I could forsee the judge allowing the default judgment to stand (a very harsh penalty) in light of the absence of any valid and reasonable excuse for failing to appear in court.
And if the judgment stands, there goes the concerts for sure.
Posted by: Jackson | June 19, 2009 at 03:23 PM