A wrongful death lawsuit filed against Dr. Conrad Murray by the father of pop icon Michael Jackson will be moving to state court after a federal judge said Monday he didn’t have the authority to hear the case.
According to the Associated Press, U.S. District Judge John F. Walter told Joe Jackson’s attorney, Brian Oxman, during a hearing that he didn’t think Jackson’s father could receive any money from one of the major causes of action, which alleged the singer’s rights were violated under the Americans with Disabilities Act.
Oxman agreed to dismiss part of his case against the doctor charged in Jackson’s death, which prompted the judge to rule that the remaining issues had to be heard in state court.
“I am firmly convinced that you can’t seek damages on this (disabilities act) cause of action,” Walter said.
The judge said that was the only federal issue in the case and he would not handle any other issues. “This is a creature of state law, this wrongful death claim,” the judge said.
Oxman agreed to dismiss the ADA-related claim and said he plans on re-filing the case in Los Angeles Superior Court.
The lawsuit will likely join a case filed by Michael Jackson’s mother, Katherine, against concert promoter AEG Live which planned and promoted a series of London concerts for Michael before he unexpectedly died in 2009.
The Jackson matriarch has accused AEG of failing to give Dr. Conrad Murray lifesaving equipment and not overseeing him while he cared for her son during preparations for the concerts.
AEG has said they believe the lawsuit is meritless.