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Amber Heard Appeals Defamation Case Against Johnny Depp

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Amber Heard appeals defamation case loss that Johnny Depp brought against her. Her lawyers say that the trial made a lot of mistakes, like letting the case be heard in Virginia and not letting communications between Heard and some doctors be used as evidence.

In June, the "Pirates of the Caribbean" actor was given $10 million in "compensatory damages" and $5 million in "punitive damages." However, the "punitive damages" were reduced to $350,000 because of a law in Virginia.

The "punitive damages" were given to the actor because Heard's essay in the Washington Post hurt his reputation. Heard had filed a countersuit, and the jury found that Depp was responsible for what his lawyer at the time, Adam Waldman, said about her. At the same time, the jury gave Heard $2 million.

Amber Heard Appeals Defamation Case Loss

Amber Heard appeals defamation case loss to Johnny Depp

COPYRIGHT_SZ: Published on https://stationzilla.com/amber-heard-appeals-defamation-case/ by Alexander McCaslin on 2022-12-08T04:35:11.077Z

CNN got a copy of the appeal that Amber Heard's lawyers filed after she lost a defamation case brought by Johnny Depp. In the appeal, the lawyers said that there were several mistakes in the trial.

The appeal says that some of the mistakes are that the case was tried in Virginia and that the court shouldn't have stopped Heard from giving some evidence.

Lawyers for Heard pointed to the fact that Depp lost a libel case against Britain's Sun newspaper in November 2020. In that case, Depp was called a "wife beater," according to the appeal. Johnny Depp won in court when he and Amber Heard were found guilty of defamation.

The appeal also says that Depp's team didn't prove "actual malice" and that the jury wasn't told enough about what "actual malice" meant in the case. The Los Angeles Times said that Depp's lawyers asked the court to change its decision to give Heard $2 million. This happened in early November.

The LA Times says that the case will now be heard by a panel of three judges from the court of appeals. CNN has asked the lawyers for Heard and Depp for their thoughts.

In an opinion piece she wrote for the Washington Post in 2018, Depp said that Heard had said bad things about him. The jury gave Depp $10 million in damages to make up for what he had lost and $5 million in punitive damages. Due to legal limits, a judge in Virginia cut the punitive damages to $350,000, CNN said before.

Heard was also given $2 million in compensatory damages, but no punitive damages, for her cross-complaint, which was about Depp's lawyer saying things about her abuse claims that were false. According to the appeal, Heard filed the case with the Court of Appeals in Virginia on November 23.

Heard's agent at WME, Jessica Kovacevic, wouldn't talk to CNN. CNN also asked Depp's talent agency, Range Media Partners, for a comment, but they didn't answer.

Now that both Depp and Heard have filed appeals, you might think that things would move quickly, at least by the standards of the American justice system. In this case, though, it's not so much.

Under Virginia law, a group of judges will now decide if both appeals have good reasons for being heard. Heard and Depp can take the case to the Commonwealth's Supreme Court if they are unhappy with the outcome. This means that this won't be solved for years if it ever is.

Conclusion

In the appeal, there were also claims that Depp's lawyers didn't prove "actual malice," that the jury wasn't told enough about what "actual malice" meant in the case, that Heard didn't write the online version of the headline that was talked about in court, that the award was too high, and that the essay, which didn't name Depp, wasn't "reasonably capable of conveying a defamatory implication."

Both sides filed the first paperwork for their appeals in July, but Depp's full filing didn't come until early November. After Heard's detailed filing, the case will be sent to a three-judge court of appeals panel to be decided.

If either Depp or Heard is unhappy with the decision of the appeals court, they can ask Virginia's Supreme Court to review the case.

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About The Authors

Alexander McCaslin

Alexander McCaslin

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