Amid the controversy surrounding her lawsuit against Johnny Depp, Amber Heard made a surprising decision: She decided to drop her appeal. She cited her lack of time to pursue the matter, and her dwindling financial situation. She also cited the fact that she was already paying a large sum of money to the attorney who handled the case. She was awarded damages in the suit.
Defamation case between Johnny Depp and ex-wife Amber Heard
It was a shocking victory for Johnny Depp, but one that could be seen as a vindication for men's rights. The "Pirates of the Caribbean" star won a defamation case against his ex-wife, Amber Heard.
After six weeks of riveting testimony, the jury found that Heard's allegations against Depp were unfounded. The jury weighed seven questions in the claim. They concluded that Heard made false statements, but it was not enough to prove her claims.
Heard alleged that Depp physically and verbally abused her, a claim Depp denied. He also claimed Heard put her own fecal matter in bed. The trial included graphic allegations about the couple's relationship.
In court, Depp's lawyer argued that Heard's claim was untrue, and that her allegations were fabricated. He said Heard acted with malice when she wrote an op-ed for The Washington Post, which was published in July 2018. The jury weighed whether Heard's statements were true, and how they affected her career.
Damages awarded to Heard in defamation suit
The judge in the defamation suit between Amber Heard and Johnny Depp has ruled that Heard defamed Depp in an article she wrote about sexual violence. The verdict, which was delivered in a Fairfax County, Virginia courtroom on Wednesday, came after a 12-hour deliberation.
The lawsuit alleged that Heard's articles hurt Depp's career. The lawyer for Depp said Heard fabricated a hoax.
Heard's lawyers argued that even one incident of abuse would be enough to win the case. But the jury rejected the theory. During the six-week trial, Heard testified that she had been subjected to at least a dozen assaults, including being punched and sexually abused with a liquor bottle. She also alleged that Depp used a fake name, Waldman, to stage an apartment.
The judge denied Heard's request for a new trial. Her lawyers said the jury was skewed, because a member was a stranger who received a summons for jury duty.
Upfront cost of an appeal
If Amber Heard wins an appeal in her defamation case against Johnny Depp, she could end up on the hook for a pretty penny. Her attorneys have argued that numerous errors were made at the trial, and they expect to make the same argument on appeal.
During the trial, the jury heard a ton of evidence, but there were also wild allegations of abuse on both sides. Ultimately, the jury awarded Heard two million dollars in compensatory damages, but the award was reduced to $350,000 because of the state's statutory cap on punitive damages.
If Heard loses on her appeal, she could end up having to pay the full amount of her judgment plus 6% interest. In addition, she will need to post a bond - which can be subject to higher collateral requirements - and will likely have to pay a premium to do so.
Amber Heard's attorneys have a lot of ground to cover on their appeal, but they're also likely to argue that the jury's credibility judgments were misjudged. In the past, courts have been reluctant to reassess credibility judgments.
First Amendment aspect of the legal fracas
The legal fracas surrounding Amber Heard and Johnny Depp is more than just about money. The case is a battle over First Amendment rights, and could have a significant impact on how public figures are able to express themselves. The Washington Post op-ed about domestic violence and Heard's comments are just a couple of examples of how the issue is likely to be addressed in this trial.
If Heard loses on her appeal, it's possible the court's decision will be affirmed by the Supreme Court. That means she could effectively be banned from talking about Depp. If the court decides against her, it could set a dangerous precedent.
The Heard case is important not only because it has the potential to impact free speech, but because it has implications on social media, the practical realm, and even the law. There's a lot at stake here, so Heard will likely hire a new team of attorneys. This team might be able to find a way to win.
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