Two men who allege Michael Jackson sexually abused them when they were boys should not have had their cases dismissed, judges at a US court have said.
Wade Robson and James Safechuck, who claim Jackson abused them for years, will now be allowed to pursue lawsuits against companies owned by the late singer.
It’s the second time the lawsuits – which were brought by Robson in 2013 and Safechuck in 2014 – have been brought back after dismissal.
Both men detailed their claims of abuse in the 2019 HBO documentary Leaving Neverland.
Image: James Safechuck is pictured aged 10 with Jackson
Robson, now a 40-year-old choreographer, met Jackson when he was five years old. He went on to appear in three Jackson music videos.
His lawsuit alleged that Jackson molested him over a seven-year period.
Safechuck, now 45, said in his suit that he was nine when he met Jackson while filming a Pepsi commercial. He said Jackson called him often and lavished him with gifts before moving on to sexually abusing him.
A three-judge panel from California’s 2nd District Court of Appeal has now found that their lawsuits should not have been dismissed by a lower court.
Legal row over duty to protect children
A judge who dismissed the suits in 2021 found that the corporations – MJJ Productions Inc and MJJ Ventures Inc – who were both named as defendants in the case, could not be expected to function like the Boy Scouts or a church where a child in their care could expect their protection.
But the latest decision means that Robson and Safechuck can now validly claim the corporations had a responsibility to protect them.
Jackson, who died in 2009, was the sole owner and only shareholder in both companies.
In their report, the higher court judges wrote: “A corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator of the abuse.”
They added: “It would be perverse to find no duty based on the corporate defendant having only one shareholder. And so, we reverse the judgments entered for the corporations.”
‘We remain fully confident Michael is innocent’
Jonathan Steinsapir, attorney for the Jackson estate, said they were “disappointed” by the decision.
Mr Steinsapir told The Associated Press: “Two distinguished trial judges repeatedly dismissed these cases on numerous occasions over the last decade because the law required it.
“We remain fully confident that Michael is innocent of these allegations, which are contrary to all credible evidence and independent corroboration, and which were only first made years after Michael’s death by men motivated solely by money.”
Vince Finaldi, an attorney for Robson and Safechuck, said in an email that they were “pleased but not surprised” that the court overturned the previous judge’s “incorrect rulings in these cases, which were against California law and would have set a dangerous precedent that endangered children throughout state and country. We eagerly look forward to a trial on the merits”.
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Mr Steinsapir had argued for the defence in July that it does not make sense that employees would be legally required to stop the behaviour of their boss, saying: “It would require low-level employees to confront their supervisor and call them paedophiles.”
He also said the parents of the boys had not expected company staff to monitor Jackson’s actions.
Holly Boyer, another attorney for Robson and Safechuck, countered that the boys “were left alone in this lion’s den by the defendant’s employees. An affirmative duty to protect and to warn is correct”.
In a concurring opinion issued with Friday’s decision, one of the panellists, Associate Justice John Shepard Wiley Jr, wrote that “to treat Jackson’s wholly-owned instruments as different from Jackson himself is to be mesmerised by abstractions. This is not an alter ego case. This is a same ego case”.
The judges did not rule on the truth of the allegations themselves. That will be the subject of a forthcoming jury trial in Los Angeles.
Jackson always denied any allegations he was involved in abusing underage boys.
His Neverland Ranch, in California, was sold in December 2020 for $22m (£16m).
Two events this week will give Greenland and friends in Europe a juddering sense of alarm.
From the West, the US vice president JD Vance has landed for a controversial visit, despatched by a president openly talking of annexation.
From the East a speech from a Russian leader hinting at carving up the Arctic and its vast mineral wealth with Moscow’s new friends in Washington.
Image: The US vice president and his wife arrive at the US military base in Greenland. Pic: Reuters
In a closely watched speech, Vladimir Putin seemed to give Donald Trump’splans to seize Greenland the green light.
They were “serious”, he said, and “have deep historical roots”.
Kremlin officials went further saying Russia was open to cooperating with America to exploit the Arctic with “joint investment”.
The Arctic is a huge prize. Its vast mineral wealth is increasingly accessible thanks to climate change.
More on Greenland
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Russia is well placed to exploit it with bases and ports ringing the Arctic Circle.
Mr Putin though warned that “NATO countries in general are increasingly designating the Far North as a springboard for possible conflicts”.
Image: A map of what surrounds the Arctic Circle
This would appear to be a warning to European nations to back off.
Yet another challenge for Europe
The threat of Russia and America jointly exploiting the Arctic in a great power carve-up is yet another challenge for Europe in this new Trumpian world order. And Greenland is caught in the middle.
Mr Trump has said he thinks the American annexation of Greenland “will happen”.
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3:04
What do Greenlanders make of Trump?
He said so with breezy nonchalance in front of NATO’s secretary general in the White House as if taking another alliance member’s territory was entirely normal.
Astonishingly NATO secretary general Mark Rutte did not push back at the idea.
But it seems the Trump administration is determined one way or another to acquire more territory and Greenland seems top of the list.
And its president may have been persuaded by Mr Putin it is in his best interests to share the world with Russia, whatever that means for America’s allies.
US congresswoman Marjorie Taylor Greene hit the headlines this week when she told Sky’s US correspondent Martha Kelner to “go back to your own country”.
It was the latest controversy in a political career for the Republican firebrand – a staunch supporter of US President Donald Trump and his Make America Great Again (MAGA) movement.
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2:45
Sky reporter told ‘go back to your own country’
But who is she and how influential has she become?
Host Jonathan Samuels speaks to Tia Mitchell, Washington bureau chief for The Atlanta Journal-Constitution, who has been covering Ms Taylor Greene since she first entered politics five years ago.
She tells us what she’s like in person, how she emerged and her most controversial moments.