Breaking News: Johnny Depp Loses Bid To Dismiss Amber Heard’s Counterclaim

Breaking News: Johnny Depp Loses Bid To Dismiss Amber Heard’s Counterclaim

Johnny Depp Amber Heard

The decide withinside the Johnny Depp-Amber Heard defamation trial rejected the actor’s attempt to reject his $one hundred million counterclaim.

Heard’s counterclaim facilities on statements made through an legal professional for Depp, Adam Waldman, who claimed in a Daily Mail interview that the actresses’ allegations of home abuse had been fabricated. 

Judge Penney Azcarate stated that there has been sufficient proof to reveal that Waldman turned into performing as an agent for Depp, rejecting the actor’s legal professional’s argument that Heard need to be suing Waldman, now no longer her ex-husband.

Azcarate’s selection isn't surprise, as motions to strike automatically come for the duration of trial lawsuits and infrequently are granted, reflecting the excessive threshold for disregarding a case earlier than it receives to the jury. 

Depp’s legal professional Benjamin Chew argued for his or her movement on Tuesday morning, simply earlier than Heard’s felony group rested their case.

The decide formerly denied Heard’s movement to strike Depp’s case. She additionally stated that there has been sufficient proof of real malice — the brink for defamation instances towards public figures — for the jury to render its judgment.

“As to real malice, Mr. Waldman made the counterclaim statements after he met together along with his client,” the decide stated. “In addition, there’s proof [Depp] turned into with Mr. Waldman at a assembly in February, 2020 with the Daily Mail Online.” 

She introduced that “there's greater than a scintilla of proof that an inexpensive juror can also additionally infer that Mr. Waldman made the counterclaim statements even as understanding they had been fake or with a reckless brush aside for his or her truth.”

Heard sued Depp in August, 2020, greater than a 12 months after the actor filed his $50 million defamation declare towards her.

Azcarate turned into now no longer weighing in on whose aspect she thinks will prevail, however simply whether or not every aspect had met its threshold for his or her case to continue. As she noted, “it isn't my position to degree the load of the proof.”

Testimony on Monday withinside the defamation case added through Johnny Depp towards his ex-spouse Amber Heard protected Dr. Richard Moore, an orthopedic surgeon; Dr. David R. Spiegel, a psychiatrist; and Kathryn Arnold, a manufacturer and amusement enterprise consultant.

Despite guidelines from reassets near Heard, her attorneys determined now no longer to name Depp lower back to the witness stand. Depp testified in April and claimed he turned into the sufferer of home abuse.

Morgan Night, a brand new witness added on through Depp's felony group, testified that he did now no longer see Depp yelling at Heard the night time in their argument in June 2013.

Night turned into the proprietor of Hicksville Trailer Palace on the time, a luxurious trailer park withinside the California barren region in which Depp and Heard had been staying with friends. Night stated he found Heard yelling at Depp and that Depp regarded to be "cowering" withinside the argument.

"He, honestly, all through the relaxation of the night time have become loads greater quiet ... the start of the night time he turned into loads greater outdoing and extroverted," Night stated. "And because the route of the night time went on, it turned into much less and much less so and greater quiet."

Both Depp and Heard appeared intoxicated for the duration of the night time, Night stated, concept he testified that he did now no longer see them pouring alcohol and consuming it.

Heard alleged that Depp were given jealous of a girl who turned into below the affect of illicit materials and regarded to be clinging to Heard. The couple went lower back to their trailer, in which an issue ensued, she testified. Depp then grabbed Heard and ripped at her garb in addition to detrimental assets in the trailer, Heard stated.

Depp denied assaulting Heard and accused Heard of instigating an issue that night time.

Night went to look at the couple's trailer after being knowledgeable approximately harm inside.

"I found there has been a mild sconce through the bathroom, withinside the bed room were damaged off the wall and a pair portions had been at the floor," Night stated.

Outside of the mild fixture, Night stated he failed to have a look at another harm withinside the trailer. He charged a complete of $sixty two for a brand new mild fixture to Depp's assistant.

Judge permits new witness

A new witness who can also additionally have testified concerning the 2013 Hicksville incident turned into time-honored withinside the case Tuesday.

Circuit Court Judge Penney Azcarate defined the Virginia preferred for the admission of a brand new witness, announcing the elements to be weighed are if there has been any intentional impropriety, if there has been prejudice attached, whether or not their testimony could have been impacted through some thing found out of the case from in advance witnesses.

"The trouble is courtroom, on this precise case, seems to be the world," Azcarate stated.

Morgan Night, who turned into operating the night time of alleged Hicksville assault, turned into authorised to testify after voir dire turned into conducted.

Night stated he found out approximately Hicksville being stated through a pal more or less 5 weeks ago, and has now no longer observed the case considering.

Doug Bania, a social media and net analytics expert, countered witness testimony made in Heard's protection through Kathryn Arnold, a manufacturer and amusement enterprise consultant, and Ron Schnell, director of Berkeley Research Group.

Arnold on Monday informed jurors that Heard might have been the subsequent Jason Momoa, Ana de Armas, Zendaya and Gal Gadot if now no longer for remarks made through Depp's former legal professional Adam Waldman.

Schnell, who testified ultimate week, stated he tested hashtags associated with Heard and Depp from April 2020 to January 2022, for the duration of which he observed greater than 2 million terrible tweets associated with Heard.

Bania confirmed jurors Q ratings and facts associated with the social media of celebrities that Arnold had named as similar actors to Heard. His facts, he stated, indicates that regardless of the fulfillment of "Aquaman," Heard turned into now no longer as massive of a big name.

"What that is telling me is greater human beings are interested by Ms. Gadot and Zendaya or even Mr. Momoa greater than Ms. Heard on social media. It simply tells me loads," Bania stated.

"My 2nd opinion is primarily based totally on my social media and Q rating analysis, Ms Arnold’s similar actors or alleged similar actors aren't similar."

A witness on Tuesday contested an expert's announcement that Heard should have parlayed her "Aquaman" paintings into greater a success offers in Hollywood, consisting of a $1 million-according to-episode TV gig.

Kathryn Arnold, a manufacturer and amusement enterprise consultant, testified on Monday that Heard need to be withinside the identical galaxy as Hollywood stars like Ana de Armas, Zendaya, Gal Gadot and others after you have her “‘Star Is Born’ moment” together along with her breakout superhero position in “Aquaman."

 Arnold stated Heard's profession has suffered considering Adam Waldman, Depp’s ex-legal professional, publicly known as her abuse accusations towards Depp “fake” and a “hoax.”

But veteran amusement attorney Richard Marks, who spoke on Depp's protection, testified that Arnold's “evaluation of damages is constructed on not anything and it’s wildly speculative.”

Marks stated quickly after her "Aquaman" fulfillment, Heard scored a TV collection for $200,000 according to episode, some distance brief of any $1 million pay day.

"And Ms. Arnold, from someplace in a glib way, (is) announcing she (Heard) should get a pair collection of 1,000,000 every?" Marks informed jurors. "I can let you know as a person withinside the trenches, not often, not often does an actor get an $1 million for a sequence episode."

The Google and WebMD profiles of a psychiatrist had been flooded with terrible on line opinions on Monday after he testified that Depp's conduct is constant with a culprit of intimate accomplice violence.

Dr. David Spiegel racked up loads of 1-big name opinions in Google and WebMD following his testimony. Many of the Google opinions seem to had been eliminated as of Tuesday.

This is not the primary time a witness withinside the Depp-Heard trial has been subjected to study bombing.

Clinical psychologist Dawn Hughes acquired a barrage of 1-big name opinions whilst she testified that she identified Heard with post-worrying pressure disease due to intimate accomplice violence.

Walter Hamada, president of DC Films for Warner Bros. Pictures, testified thru a video deposition as Depp's first rebuttal witness on Tuesday.

Hamada, whose deposition turned into filmed in March, spoke back questions concerning Heard's agreement for the "Aquaman" franchise and her position withinside the superhero sequel.

He stated Heard’s agreement turned into now no longer renegotiated due to statements from Depp or his former legal professional, which Heard's legal professional argued turned into a part of the defamation damages in her countersuit.

"As a organization, we undergo a whole lot of hassle whilst we make our offers with actors," Hamada testified. "We get the alternatives for next films and I assume previous to me becoming a member of the organization, each choice turned into renegotiated. 

And on of the matters we are placing a reign on turned into now no longer renegotiating each deal."

Hamada additionally denied that the organization decreased Heard's position in "Aquaman 2," announcing the sequel turned into constructed across the male characters.

"The film turned into continually pitched as a pal comedy among Jason Momoa and Patrick Wilson," Hamada stated.

Heard's choice turned into behind schedule over worries whether or not Heard turned into the proper combat for the film, Hamada stated, including that there had been a few conversations approximately doubtlessly recasting her position because of worries round her chemistry with Momoa, who performed the titular position.

"Editorially, they had been capable of make that dating paintings withinside the first film however there has been a subject that it took a whole lot of attempt to get there and might we higher off casting a person who had higher greater herbal chemistry with Jason Momoa," Hamada stated.


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