Judge Dismisses Most Claims over 'Final' Jackson Tour

The plaintiff, AllGood Entertainment Inc., alleged in a May 2009 complaint (filed a month before Jackson died) that Jackson, through Dileo, had signed a deal to perform either a solo concert tour or a Jackson Family reunion concert to be promoted by AllGood. But months after striking its deal with Dileo, AllGood alleged, AllGood found out that Jackson had agreed to work with AEG on the This Is It series of shows scheduled to begin in London in the fall of 2009. AllGood claimed breach of contract, fraud and tortious interference against Jackson, Dileo and AEG.

But Southern District of New York Judge Harold Baer found in AllGood Entertainment Inc. v. Dileo Entertainment and Touring Inc., 09 Civ. 5377, that there were “no specific factual allegations” to support AllGood's claim for tortious interference and that AllGood's factual basis for fraud was “at best thin.” The district judge denied AllGood's request for an injunction, and granted defense motions to dismiss the fraud and tortious interference claims. However, he denied a motion to dismiss the breach of contract claim, finding there was sufficient uncertainty for it to proceed. But Judge Baer seemed skeptical about whether AllGood even had an enforceable contract with Dileo, agreeing with defendants that the document in question was more of a letter of intent, rather than a binding offer and acceptance.