In August, actress Amber Heard hired a new lawyer to handle her appeal against her ex-husband, actor Johnny Depp.
Now, less than a month after the “Pirates of the Caribbean” actress filed her official appeal against her “Rum Diary” co-star, Heard’s new legal team has filed their own appeal and hopes to have the decision completely overturned.
Although it’s been months since the jury made its decision on June 1, it’s likely to be several years before the matter is decided.
Amber Heard Wants A New Trial Against Johnny Depp… Or The Whole Thing Is Thrown Out Completely
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As Deadline reported Monday morning, a new legal team representing the “Aquaman” cast is seeking to use the First Amendment to overturn the jury’s decision. On November 23, Jay Ward Brown and David L. Axelrod officially filed the brief with the Fairfax, Virginia court.
In court documents, Heard’s legal team claims that “the trial court erred in refusing to dismiss this action on forum non conveniens grounds, based on the erroneous conclusion that Depp’s claim arose in Virginia because the Washington Post’s servers are located here.”
“The trial court also erred in overruling Heard’s rebuttal, where he argued that the challenged statements were non-actionable expressions of opinion and could not reasonably convey the implications of the alleged defamation,” the two lawyers continued.
Heard’s Legal Team Claims Johnny Depp Verdict Will Have ‘Horrifying’ Impact On Other Survivors
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Heard’s legal team also claimed, “The holding, if left unaddressed, will undoubtedly have a chilling effect on other women who wish to speak out about abuse involving powerful men.”
The latest court filing also blasts Judge Penney Azcarate, claiming that he failed to properly instruct the jury, which unanimously found in Depp’s favor on June 1.
The 68-page court document also states that “This case also should not have gone to trial because other courts have concluded that Depp abused Heard on multiple occasions,” referring to Depp’s defamation trial against British tabloid The Sun, which referred to him. as a “wife beater.” Depp lost the case.
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“After Depp filed this case, the United Kingdom’s High Court of Justice ruled in a separate defamation action brought by Depp that Heard’s allegations of abuse were true,” the appeal said. “The trial court should have given preclusive effect to the 129-page decision, which followed a three-week trial in which Depp, Heard, and 24 other witnesses testified.”
In December 2018, Amber Heard filed an op-ed in the Washington Post in which she wrote about being a “public figure who represents domestic abuse.” Although Heard never referred to her ex-husband in the op-ed, Depp sued Heard in March 2019, claiming that she was unable to find work because of the “obvious implication” that he was her abuser.
After failing to get the suit thrown out, Heard countersued Depp for $100 million in 2020. Just months later, the “Edward Scissorhands” actor lost a lawsuit against The Sun.
Both Amber Heard and Johnny Depp Seek to Appeal the Jury’s Decision
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On November 3, Johnny Depp’s legal team filed an appeal against Amber Heard. A jury found that one of Depp’s lawyers made defamatory statements against the “Zombieland” actor and awarded him $2 million.
However, Depp was the clear winner in the trial. The jury awarded him $10 million in compensatory damages and $5 million in punitive damages. That $5 million was later reduced to just $350,000, the maximum allowed under Virginia state law.
Heard’s legal team stated that “The resulting jury verdict against Heard on all of Depp’s claims cannot be reconciled with the jury’s verdict against Depp on Heard’s counterclaim.”
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“To find in Depp’s favor, the jury must conclude that Depp did not abuse Heard and that Heard knowingly lied in accusing him of abuse,” they continued. “But, to find in Heard’s favor, the jury must conclude that Heard told the truth about being a victim of domestic abuse by Depp. Accordingly, the decision against Heard cannot stand.”
The appeal will now be submitted to a group of judges to determine each appeal. Depending on the outcome of their decision, either Amber Heard or Johnny Depp could then advance the case to the Commonwealth Supreme Court. All in all, it may be years before the matter is resolved.
Heard’s full appeal can be read here.
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Source: thtrangdai.edu.vn/en/
