What Does the Verdict mean?
There's been some confusion over what the verdict in the Johnny Depp v. Amber Heard case actually meant, and hopefully this post can clear it up a little.
LegalEagle has a good video about this for anyone wishing to see in more depth about it.
The Case:
Johnny Depp brought a case against Amber Heard, suing her for defamation over the op-ed she wrote for The Washington Post in which she described herself as a "public figure representing domestic abuse." and sought $50m in damages.
Amber Heard counter-sued for $100m, claiming Depp's attorney defamed her by declaring her allegations of abuse a hoax.
The Verdict:
The Jury found that AH defamed JD in three separate statements in The Washington Post piece, and that Depp defamed Heard with one statement his attorney made.
Depp was awarded $10m in compensatory, $5m in punitive (capped at $350,000).
Heard was awarded $2m in compensatory, $0 in punitive.
What Does it All Mean?
First, let's get the difference between "compensatory" and "punitive" out of the way.
Compensatory- compensates for damage suffered. It's money awarded to make up for the party's suffering.
Punitive- punishes for actions taken. If one party is awarded punitive damages, it means the jury wishes to punish the other party for their actions.
Next, the jury.
You can find the full verdict form for the case here. Depp's claim will run pages 11-14, and Heard's claim will run pages 20-23.
The Jury ruled in favor of all three of JD's statement claims.
They found for all three statements from the op-ed that JD had proven all elements of defamation, and that AH made the claims with actual malice.*
This means they not only did not find AH's testimony and presented evidence to be credible against the testimony and evidence presented by JD, they found her to be untruthful when she described herself as a victim of domestic violence in her op-ed and so defamed JD by indirectly referring to him in the piece.
The Jury only ruled in favor of one of AH's statement claims.
This means they found that one of the statements made by Adam Waldman, namely the one where he calls AH's allegations a hoax and details how he believed how she and her friends pulled it off, to be defamatory.
The reason they would have found this hoax statement defamatory, and not the other hoax statement, would be because Waldman went into detail on how he believed they pulled it off, and stated such as fact rather than opinion. Mr. Waldman was not there to witness his claims and therefore could not know if they were true, and therefore the jury would have found this particular claim to be made with actual malice.*
This does not mean the jury found it true that JD abused AH, but rather they believed that Mr. Waldman was working as an agent of JD. (aka: "He's his lawyer and was acting on his behalf. Or, "they're the same person," figuratively speaking.)
*"Actual Malice" in legal terms simply means that the party knew what they said was not true. It has nothing to do with one party being vindictive of the other.
Other Questions about the verdict under the cut:
But why was JD's punitive capped? In Virginia punitive damages are capped at $350,000, so required by law the judge had to cap the punitive awarded to JD from $5m to $350,000. This made the total JD was awarded to $10.35 million.
Wouldn't the Jury have known the punitive would be capped? No. This is to prevent the Jury from shifting all the punitive damages into the compensatory damages award.
Will AH recieve $2m? No. It'll just be shaved off the compensatory she owes JD, bringing the total for JD to $8.35m that she will be required to pay.
If you have any additional questions you'd like to see answered, the askbox is open.
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Johnny Depp vs. Amber Heard Case 2022: Case Analysis
Johnny Depp vs. Amber Heard Case 2022: Case Analysis
This article on ‘Jhonny Depp vs. Amber Heard Case’ is written By Managya an intern at Legal Upanishad.
(Apply as a Law Intern at Legal Upanishad?)
INTRODUCTION
The verdict has been given on June 1, 2022 in the high profile case of defamation between Johnny C. Depp, II and Amber Laura Heard. Both parties to the case are famous actors of Hollywood who divorced after two years of marriage. The…
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Congratulations to Johnny Depp on his win in court against Amber Heard, nobody should have to be a victim of abusive behavior. As a person who went through a similar mistreatment as a teenager I felt for Johnny and how horrible it must have been to deal with a mean person like that. Congrats on your win and enjoy your freedom and peace.
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Wait do you think Amber was innocent? She's clearly a f***ing nutcase... she made a mockery of actual abuse victims
Some reading for you, anon:
The Depp-Heard Trial is a Vector for Misogynystic Misinformation , Logically
Why the Depp-Heard trial is so much worse than you realize: Amber Heard is just the first target of a new extremist playbook, Vox
Misinformation and baseless rumors about Amber Heard rack up millions in views during Depp defamation trial, Insider
The Online Hate for Amber Heard, Pursuit
The Daily Wire Spent Thousands of Dollars Promoting Anti-Amber Heard Propaganda, Vice
The Amber Heard-Johnny Depp trial was an orgy of misogyny, The Guardian
TikTok’s Amber Heard Hate Machine, NY Times
Misleading YouTube Videos About Depp v. Heard Trial Thrive On the Platform, NewsWeek
Who won the Depp-Heard trial? Content creators that went all-in, Washington Post
Why Are So Many Survivors Supporting Johnny Depp? Harpers Bazaar
The Anti-Feminist Energy Fueling the Johnny Depp Misinformation Campaign, Mel Magazine
Why the Internet Hates Amber Heard, The Atlantic
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