VA - Johnny Depp's defamation case against ex Amber Heard, who countersued #14

[Cindizzi]

Camille Vasquez Will Spend 38th Birthday with BF and Elton John

Camille Vasquez is going to be celebrating her birthday with some big celebrities while overseas.

www.tmz.com

 

[concernedmother]

https://www.courthousenews.com/amber-heards-attorneys-ask-court-to-set-aside-defamation-verdict/

AH's appeal has been filed. Article reporting about it above and actual motion below:

https://www.courthousenews.com/wp-content/uploads/2022/07/motion-to-set-aside-verdict.pdf

I'm no lawyer but it sounds like weak arguments to me.

 

[acutename]

https://www.courthousenews.com/amber-heards-attorneys-ask-court-to-set-aside-defamation-verdict/

AH's appeal has been filed. Article reporting about it above and actual motion below:

https://www.courthousenews.com/wp-content/uploads/2022/07/motion-to-set-aside-verdict.pdf

I thought it was a good brief- (typo on p. 34! how did that happen?) but not sure if the Appeals Court will want to deal with the UK trial since info about that was limited below. There is also a lot of use of salacious headlines, but this is a defamation case, so maybe just what one has to work with in a defamation case with public figures. I do think that the Appeals Court has to think about precedent-is retweeting a headline actionable and about what proofs are necessary to prove defamation and damages. IMO. I still find this case very interesting. How long for JD's attys to file a response? Does anyone know? And, this means that AH put up $ for an appeal bond....

 

[Cindizzi]

I thought it was a good brief- (typo on p. 34! how did that happen?) but not sure if the Appeals Court will want to deal with the UK trial since info about that was limited below. There is also a lot of use of salacious headlines, but this is a defamation case, so maybe just what one has to work with in a defamation case with public figures. I do think that the Appeals Court has to think about precedent-is retweeting a headline actionable and about what proofs are necessary to prove defamation and damages. IMO. I still find this case very interesting. How long for JD's attys to file a response? Does anyone know? And, this means that AH put up $ for an appeal bond....

This is not the appeal process ( yet ). This is a Motion to set aside the Jury verdict.

On June 24th when the Judge entered the Judgement, AH lawyer EB wanted to schedule hearings and discuss Motions and the Judge wasn’t having it.

I think they are trying to get these arguments on the record for when they do appeal. JMO

I believe the deadline to file an appeal is July 24.

EBM to correct date.

 

[Cindizzi]

Actress Amber Heard wants a Virginia court to set aside the $10 million-plus judgment actor Johnny Depp recently won against her in the duo’s epic dueling defamation battle.

An extensive legal memorandum was filed in a Fairfax, Virginia court on Friday, July 1.

In the 43-page filing, Heard’s attorneys say the massive judgment is not supported by the evidence presented during their dramatic, six-week-long trial watched around the world. Specifically, the filing argues there is no evidence of pecuniary damages from the op-ed at the heart of the dispute.

[…]

Heard’s attorneys say the damages Depp claimed from that article — that he lost out on the opportunity to reprise his role as the pirate Jack Sparrow for the sixth time — do not hold up under scrutiny.

“While Mr. Depp asserted he lost Pirates 6 because of the Op-Ed, there is no evidence upon which the jury can rely to reach such a conclusion,” the memo argues. “Mr. Depp did not have a contract for Pirates 6, there was media coverage that Mr. Depp would not be in Pirates 6 as of October 25, 2018 – two months before the Op-Ed, Mr. Depp’s agent testified that it was very likely Mr. Depp would not be in Pirates 6 as of the Fall 2018, and Mr. Depp testified that he would not have agreed to play a role in Pirates 6 for ‘$300 million and a million alpacas.'”

In her memo, Heard also claims that Depp did not prove actual malice – the heightened standard in defamation cases that applies when the allegedly defamed person is a public figure.
Heard’s attorneys say the damages Depp claimed from that article — that he lost out on the opportunity to reprise his role as the pirate Jack Sparrow for the sixth time — do not hold up under scrutiny.


In her memo, Heard also claims that Depp did not prove actual malice – the heightened standard in defamation cases that applies when the allegedly defamed person is a public figure.

[…]

There is also an allegation that one of the jurors who delivered the verdict (largely) in Depp’s favor engaged in an impropriety by serving on the jury at all. Heard’s attorneys are asking the court to investigate.

“The Court should investigate whether juror 15 properly served on the jury,” the memo says. “On the juror list panel sent to counsel before voir dire, the Court noted that the individual who would later be designated juror 15 had a birth year of 1945. Juror 15, however, was clearly born later than 1945. Publicly available information demonstrates that he appears to have been born in 1970. This discrepancy raises the question whether juror 15 actually received a summons for jury duty and was properly vetted by the Court to serve on the jury.”

[…]

Depp’s attorney, Ben Chew, said during a hearing on June 24 that their side would not be filing any post-trial motions – except to respond to motions and appeals filed by Heard’s team.

Heard has until July 24, 2022 to file an appeal and pay a suspension bond of $10.35 million plus 6% interest annually. The suspension bondprevents collection of the judgment pending appeal.

Amber Heard Asks Virginia Court to Set Aside Johnny Depp's $10 Million Defamation Award as 'Excessive' and Lacking Evidence

Actress Amber Heard wants a Virginia court to set aside the $10 million-plus judgment actor Johnny Depp recently won against her.

lawandcrime.com

 

[Warwick7]

Yeah....but...Was he a RANDO imposter, seeking his 15 minutes of fame? Or, just an average imposter? Important clarification. Jeez

Now dat dare is just funny!!

 

[tmar]

MSN

Amber Heard calls for Depp trial verdict to be tossed and redone​

Kate Rafferty - 2h ago

Amber Heard's legal team has requested the judgement served to her from her defamation case with ex-husband Johnny Depp be set aside and redone.

In a 43-page memorandum, the Aquaman star wrote that the judgment made by jurors during the June recent defamation case, which found her guilty on three claims of defamation, should be tossed on the grounds it was unsupported by evidence.

Heard, led by her team of lawyers, argues the award delivered against her by jurors was excessive, particularly given they concluded both she and Depp had defamed each other.

 

[tmar]

Dakota Johnson did not want to be involved in the Johnny Depp-Amber Heard case

Dakota Johnson said she did not want to appear in the media storm surrounding the Johnny Depp-Amber Heard d...

celebrity.nine.com.au

Dakota Johnson has revealed she did not want to appear in the media storm surrounding the Johnny Depp-Amber Heard defamation case.

During the trial process, a 2015 clip of Johnson appearing concerned about Depp's bandaged finger during a press conference went viral. The video was titled, "The EXACT moment Dakota Johnson KNEW Amber Heard was VIOLENT towards Johnny Depp" and it received over 4 million views.

"Why am I involved in this?" Johnson said in an interview with Vanity Fair. "I don't remember that at all, but please, take me out of this. Don't let this go any further."

 

[concernedmother]

And they let fake juror sit there for 6 weeks and didn't speak up? jmo.

 

[neesaki]

MSN

Amber Heard calls for Depp trial verdict to be tossed and redone​

Kate Rafferty - 2h ago

Amber Heard's legal team has requested the judgement served to her from her defamation case with ex-husband Johnny Depp be set aside and redone.

In a 43-page memorandum, the Aquaman star wrote that the judgment made by jurors during the June recent defamation case, which found her guilty on three claims of defamation, should be tossed on the grounds it was unsupported by evidence.

Heard, led by her team of lawyers, argues the award delivered against her by jurors was excessive, particularly given they concluded both she and Depp had defamed each other.

Of course she does. What’s the words that can be used here? Nevermind…. can’t use ‘em. It’s all good though.

 

[neesaki]

So are they implying that this juror has such skill with theatrical make-up that the juror appeared to be in their 70's during jury selection, then younger afterwards?

Or used that make-up to appear younger during selection?

As far as I know, attorneys on both sides can strike jurors during selection. Someone expects a do-over?

jmho ymmv lrr

Maybe AH lawyers were using her bruise kit?

 

[katydid23]

So are they implying that this juror has such skill with theatrical make-up that the juror appeared to be in their 70's during jury selection, then younger afterwards?

Or used that make-up to appear younger during selection?

As far as I know, attorneys on both sides can strike jurors during selection. Someone expects a do-over?

jmho ymmv lrr

Here is what I think they are implying, after reading the motion---he was an imposter.

In other words, there was a jury summons sent to someone born in 1945, supposedly, according to the records. But this juror was born in 1970, supposedly.

So Heard's team is implying that this juror came to court, with SOMEONE ELSE"S jury summons in hand---and imposed his will, to sneak on to this jury panel, purposely. Almost implying it was a dirty trick by Team Depp?

The weird thing is, most courts don't give juror summons past a certain age. In California, they stop sending them to you by age 65.

Someone born in 1945 would be 77 ? Are they sending jury summons out to 77 year olds and demanding they attend ?

 

[concernedmother]

It was probably nothing but a typo but they don't have anything to basically appeal on so they are throwing anything out there to see what will stick. jmo.

 

[ZoriahNZ]

Both legal teams went through the lengthy jury selection process together. If there was that big a discrepancy, why did noone notice it before? It's more likely to just be a filing/process error or typo.

 

[Laughing]

Maybe AH lawyers were using her bruise kit?

Showing my usual restraint, I do wonder if someone placed/forgot The Infamous Bruise Kit in a juror area?

Is someone jealous of another's use of theatrical make-up?

Enquiring Minds Want To Know!

Agree that this is most likely a typographical error.

Both teams had enough time to discover the error before trial.

IMHO:

image from alamy.com


jmho ymmv lrr

 

[raja]

It’s possible that father and son had the same name. Younger John Doe believed the
Jury summons was for him.

 

[squareandrabbet]

Honestly its offensive to most people that do shop at TJ Max. Expressing her sense of entitlement and trying to gain sympathy from the very people that do shop these places. But she pulled this stunt before when they got divorced. Was shopping at a 99 cent store. jmo

I love TJ Maxx!! I definitely have to be in the mood to shop there; but when I am in such a mood, it's like a treasure hunt.

Also, there's nothing weird at all about buying water at the 99 cent store IMO... I'd call that just sensible, as long as you didn't have to waste large amounts of gas getting there. One of my friends buys all his cleaning supplies there, and as long as it doesn't require refrigeration or otherwise expire, I'm sure the current quality is as good as anything in a big box retail store.

Here is what I think they are implying, after reading the motion---he was an imposter.

In other words, there was a jury summons sent to someone born in 1945, supposedly, according to the records. But this juror was born in 1970, supposedly.

So Heard's team is implying that this juror came to court, with SOMEONE ELSE"S jury summons in hand---and imposed his will, to sneak on to this jury panel, purposely. Almost implying it was a dirty trick by Team Depp?

The weird thing is, most courts don't give juror summons past a certain age. In California, they stop sending them to you by age 65.

Someone born in 1945 would be 77 ? Are they sending jury summons out to 77 year olds and demanding they attend ?

I don't know about age in general, but colloquially, in the tri-state area, a lot of arenas that used to be "no, strictly no", have been relaxed due to the difficulty of finding jurors who won't, I guess, skip out on the process.

These seem to be very weak grounds for an appeal overall, and I thought I distinctly remembered reportage from Angenette Levy and others, about Judge Penney trying to shut down Elaine mid flow by repeatedly telling her she wasn't going to entertain any post-trial motions.

 

[deugirtni]

....

I don't know about age in general, but colloquially, in the tri-state area, a lot of arenas that used to be "no, strictly no", have been relaxed due to the difficulty of finding jurors who won't, I guess, skip out on the process.

These seem to be very weak grounds for an appeal overall, and I thought I distinctly remembered reportage from Angenette Levy and others, about Judge Penney trying to shut down Elaine mid flow by repeatedly telling her she wasn't going to entertain any post-trial motions.

Virginia Jury Duty Age Limit Excuse​

Virginia has a statutory exemption that allows individuals over a certain age to request exemption from jury duty. Citizens over the age of 70 can be exempt from jury service under this age exception.
A prospective juror may check the box on the Juror Questionnaire indicating that they are more than 70 years of age and do not wish to serve.

So it seems you must be at least 18 years old, but you can be any age after that.. BUT you have the right to request exemption right from the get-go if you are over age 70 and you do not wish to serve for whatever reason.

Virginia Jury Duty Excuse List - Getting Excused From Jury Duty

www.juryduty101.com

 

[Kiranerys]

Here is what I think they are implying, after reading the motion---he was an imposter.

In other words, there was a jury summons sent to someone born in 1945, supposedly, according to the records. But this juror was born in 1970, supposedly.

So Heard's team is implying that this juror came to court, with SOMEONE ELSE"S jury summons in hand---and imposed his will, to sneak on to this jury panel, purposely. Almost implying it was a dirty trick by Team Depp?

The weird thing is, most courts don't give juror summons past a certain age. In California, they stop sending them to you by age 65.

Someone born in 1945 would be 77 ? Are they sending jury summons out to 77 year olds and demanding they attend ?

Surely they require some form of ID?.

 

[squareandrabbet]

Surely they require some form of ID?.

Yes, and people have said Clerk Samy would have used it to vet those empaneled.