THREAD: Ever since Finaldi took over, he has done everything to depict all MJ cases identically (even attempting to combine them).
In the final version of his lawsuits for Wade (4th amended), James (3rd amended) & even Jane Doe, he uses the same 6 causes of actions for damages.
The effort by Finaldi to clump these case together was a legal maneuver inspired from successful boilerplates he used in other cases.
In 2017, he argued in court that Wade & James' cases are so identical that if one case isn't allowed to proceed, the other shouldn't either. 👏
C1: IIED (Emotional Distress)
In JS' case, Young stated Finaldi failed to establish "extreme & outrageous conduct" by the companies.
IIED is also only applicable if the companies were the direct perpetrators of alleged abuse.
This should be equally applicable in Wade's case.
C2: Negligence (a)
For negligence, Finaldi must show WR-JS had a "special relationship" w/ the companies.
Further, he must show that they had a "duty of care" as part of the relationship & were able to control MJ.
JS' Case, Young ruled that NONE of these requirements were met.
C2: Negligence (b)
In Wade's case, Finaldi will try to leverage the visa work relationship as the "special relationship."
But this "employment" didn't occur until 18 MONTHS after the alleged abuse began.
And even then, MJ retained total control over companies, not vice versa.
C2: Negligence (c)
In JS' case, Finaldi was unable to demonstrate how MJ's companies were legally mandated reporters.
The companies managed business affairs—Finaldi did not show that they were "a private youth center, recreation program, youth organization or private day camp."
C3 & C4: Negligent Supervision/Retention/Hiring
In JS' case, Young was utterly perplexed.
Finaldi said companies are MJ's "alter egos" but somehow could fire him as a "singer, dancer, entertainer."
Young: "Finaldi appears to be arguing that MJ shouldn't had hired himself." 😖
C5: Negligent Failure to Train, Warn or Educate
Finaldi uses misplaced examples to try and argue that MJ's companies had a duty to train & warn, which the judge pointedly corrects.
Even youth soccer leagues do not have such a duty, let alone MJ's private companies for business.
C6: Breach of Fiduciary Duty
In JS' case Finaldi failed to "allege sufficient facts [of a] fiduciary relationship."
Even IF accepting an employment theory, "in general, employment-type relationships are NOT fiduciary relationships."
No facts that companies had parental duties.
All 6 of the causes Finaldi argues in Wade's case were already evaluated by Judge Young in Safechuck's case.
He determined all 6 of them were irreversibly flawed, thereby ending Safechuck's case.
Wade's case in almost every aspect mirrors James', according to Finaldi himself.
In Wade's case the estate argues for summary judgment rather than demurrer.
Despite the alternate approach, Wade's entire lawsuit still revolves around the same 6 causes the judge permanently rejected in James' case.
We'll know soon enough if any differences are found for Wade.
ESTATE: Only after efforts to revive his career on the back of [deceased] MJ went nowhere did Wade suddenly claim that he had, in fact, been abused by MJ decades before—Even if one were to credit Wade's allegations of abuse this case fails as a matter of law on undisputed facts.
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