Amber Heard will argue SIXTEEN points in her appeal against Johnny Depp
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Amber Heard and her new legal team have filed a 16-point argument in her appeal against Johnny Depp over their defamation lawsuit.
According to documents filed with the Virginia Court of Appeals, Heard, who owes Depp $10.3 million in damages, alleges that her ex-husband misled the jury into believing she was on trial for a statement prior to her charges. of domestic violence.
Depp, who owes Heard just $2 million as a result of the trial, sued her for defamatory statements in her 2018 Washington Post op-ed about sexual assault, which Heard said did not directly name Depp as an abuser.
Heard claimed the trial lacked “clear and convincing evidence” of actual malice, the standard of a defamation suit, and cited the court’s alleged failure to invalidate the damages awarded to her and Depp after they ruled that they slandered each other. .
‘Inherently and irreconcilably inconsequential’, read the appeal regarding the compensation awarded to both.
Amber Heard has filed a 16-point appeal in her defamation lawsuit with ex-husband Johnny Depp. Heard, crying lack of evidence in controversial $10 million debt case
Heard claimed the trial couldn’t prove actual malice and accused Depp’s team of suggesting he could get damages from statements outside the 2018 op-ed in the middle of the trial, which unfolded years of their tumultuous relationship.
Heard’s 16-point argument begins with a claim that the heated defamation lawsuit that gripped the nation over the summer should have been dismissed because it belonged in a more appropriate setting than Fairfax, Virginia.
Depp’s team had insisted that the trial be held in Fairfax County, because that’s where the Post is printed.
Heard’s team also argued that the court erred in the fact that Depp lost a similar defamation lawsuit against his ex-wife in the UK, and not allow his statements as evidence after that loss.
They also convicted the court of allowing testimony about Heard’s lie that she donated $3.5 million to the ACLU from her divorce settlement, despite telling the British court that she had done so.
At the heart of her appeal was the allegation that the court had wrongly allowed Depp to argue or suggest that damages could be awarded based on statements made prior to the publication of the 2018 op-ed.
Much of the couple’s disorderly behavior was exposed at trial, including allegations that they assaulted each other during their tumultuous relationship before their divorce in 2016.
Heard’s team argues that Depp’s allegations against his ex-wife should have focused solely on the op-ed and argues that the court erroneously held that the statements in the Post were “workable as statements of fact rather than unprocessable statements.” expressions of opinion’ .’
In other words, the attorneys argued that Heard should have been protected by the First Amendment, and that Depp had no case because he was never mentioned in the op-ed.
The court erroneously dismissed the request for annulment of the jury’s verdict regarding Mr. Depp’s failure to prove that the alleged defamatory statements in the contested op-ed had each implied defamatory meaning about him and that such implication was both designed and intended by Ms. Heard,” the appeal reads.
In particular, Heard objected to the implication that she had published the headline of the op-eds: “I spoke out against sexual assault—and faced the wrath of our culture. That has to change,” which she said was not the case.
Representatives for Heard and Depp were not immediately available for comment.
Heard filed all 16 arguments with the Virginia Court of Appeals
At the conclusion of the defamation lawsuit, Depp, 59, was awarded $10 million to $15 million in compensatory damages and $5 million in punitive damages.
The judge later limited the damages to the state’s maximum of $350,000, giving Depp a total of $8.35 million.
Meanwhile, Heard won one of her three counterclaims over statements from Depp’s lawyer, suggesting that the actress and her friends had destroyed their apartment before calling the police.
The actress was awarded $2 million in damages of the $100 million she sought.
A day after Heard’s team appealed, Depp’s team did the same to reverse the few million the actor owes his ex-wife.
The Pirates of the Caribbean acting team said they are appealing to ensure “all information is considered by the court” as they come back to consider Heard’s appeal.
Before appealing, Heard’s attorney asked the judge to annul the decision and declare a mistrial.
It was argued that one of the jurors in the case should not have been eligible for the hearing because his subpoena was intended for his father, who had the same name and lived at the same address.
Judge Penny Azcarate rejected the request, claiming that there was no ‘evidence of fraud or misconduct’ by the juror and that the jury’s verdict should stand.”