Judge: Suit Not AllGood

A federal judge on June 29 threw out all but one claim of AllGood Entertainment’s $300 million lawsuit against AEG, Frank Dileo and Michael Jackson’s estate administrators.

Claims of fraud and tortious interference with a contract were dismissed, but U.S. District Judge Harold Baer allowed a breach of contract claim to go forward with a trial date in October.

In the weeks preceding Jackson’s death, AllGood Entertainment and CEO Patrick Allocco claimed that the ill-fated star signed an agreement to stage “The Jackson Family Reunion: A Concert for the World” for $24 million but backed out of it when AEG Live came calling for the “This Is It” 50-date O2 run in London.

In dismissing the tortious interference and fraud claims, Judge Baer agreed with AEG and Dileo that AllGood failed to state an actionable claim.

In allowing the breach of contract claims to proceed, Baer wrote that there was “sufficient factual ambiguity that it would not be appropriate to dismiss as a matter of law at the pleading state.”

Allocco lauded the judge for his “strict adherence to this courtroom calendar” and is “optimistic” of a jury verdict in his company’s favor in October.

“While our attorneys are weighting their options, we are confident that the court will reconsider its decision once it has had the opportunity to examine important new information gleaned from recent discovery proceedings,” Allocco said in an e-mail to Pollstar.