Amber Heard has asked a Virginia judge to overturn her lost judgment in ex-husband Johnny Depp’s defamation lawsuit – claiming the evidence was untenable.
Heard’s attorneys, who were found guilty of three defamation lawsuits filed by Depp, claimed in a 43-page filing filed last week that the verdict was not supported by the evidence during the former couple’s blockbuster trial.
The document alleges that Depp “acted solely on an implication theory libel and abandoned all claims that Ms Heard’s statements were in fact false,” the newspapers filed an allegation on Friday.
Heard’s attorneys also argue that juror 15 on the panel may even have been illegally selected by giving the wrong date of birth when jury selection was made – 1945 instead of the actual year 1970.
“This discrepancy begs the question [of] whether juror 15 actually received a jury service subpoena and was properly reviewed by the court to serve on the jury,” the attorneys’ filing states.
It is not known if the jury actually deliberated on the case.
Depp, 58, sued his ex by claiming he’d harmed his career in a 2018 op-ed in The Washington Post, in which he claimed she was a victim of domestic violence — and left little doubt that it was the franchise -Star “Pirates of the Caribbean”.
Depp attorney Ben Chew emailed Courthouse News that Heard’s filing was “what we expected, only longer, more substantial.”
In last month’s verdict, the jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages — although Virginia law capped the total at $10.3 million.
Heard, 36, who countersued, was awarded $2 million for one of her claims.
But the Aquaman actress’ legal team argued in the new court filing that Depp couldn’t prove the actor’s career and reputation were affected by Heard’s comment.
“Mr. Depp presented no evidence of financial damages suffered in the limited time frame from December 18, 2018 to November 2, 2020 as a result of the Op-Ed,” the filing reads. “There was no evidence of a project or lost commercial opportunities due to the Op-Ed.”
Lawyers noted that Depp did not sign a contract for the sixth installment of Pirates of the Caribbean, although at trial he claimed the Washington Post cost him the role.
The newspapers also argue that Depp was unable to refute the abuse allegations.
“Mr. Depp was forced to state at the time the Op-Ed was published that Ms. Heard did not believe that she had been abused or that she had doubts that she had been abused,” the filing reads.
“But Mr Depp has presented no evidence that Ms Heard does not believe she was abused. Instead, the evidence was overwhelmingly supportive [that] Ms Heard believed she was a victim of abuse at the hands of Mr Depp.
“Therefore, Mr. Depp has failed to meet the legal requirements for actual malice and the sentence should be overturned,” the papers read
https://nypost.com/2022/07/03/amber-heard-asks-for-johnny-depp-defamation-verdict-to-be-tossed/ Amber Heard calls for Johnny Depp defamation conviction to be overturned