The jury in the defamation trial between Johnny Depp and Amber Heard is not considering whether Adam Waldman, a former lawyer for Depp who learned of the case, had free speech protection when he brought defamatory charges against Hurd.
In the grand jury’s preliminary ruling, the judge who heard the case confirmed to Herd’s lawyers on Thursday that Waldman was not subject to the privilege of defending against defamation because his statements did not respond to anything Herd said or wrote. The opposite decision could have been made by a jury that directly rejected Herd’s $100 million lawsuit against Depp.
In addition to Herd and Depp, Waldman is a central figure in the trial. Herd argued that Depp insulted him through Waldman, insulting his lying accusations.
Herd spokesman Ben Rottenborn told Waldmann that “Defending yourself through declarations of legal immunity does not allow you to sue and say what you want to enjoy the privilege.” He called Waldman – Depp “the attack dog” – for leaking information covered by a fired press protection order.
When asked about Herd’s claims that Waldmann was responding to his privilege, Depp’s attorney pointed to the article. About. Who called the actor “wife beating”.
“These must be Ms. Herd’s statements,” said Penny Azkarat, a judge at Fairfax District Court.
Judgments are won and lost as per the jury’s instructions. They tell juries how to apply legal standards, review certain evidence, and consider objections, among other things. Jury instructions can be a hotly debated topic, especially during the long trial with dozens of witnesses and expositions.
Depp argued that the question of whether Waldman qualified for the privilege should be decided by a jury. Under defamation law, individuals can seek protection if they file a defamation suit in response to someone else’s alleged defamatory allegations.
Samuel Moniz, a spokesman for Depp, said: “The allegations were a direct response to Herd’s charges against them. Whether this response was fair and reasonable is up to the jury.
Azkarat first appeared alongside Depp. Disagreeing with Herd’s lawyers on whether the issue is a question of law, he said the question varies: “Is there any evidence a jury can find? [of Waldman’s statements] Protected speech.”
The judge added, “I don’t think it’s my role to weigh that evidence.”
The argument began when Azkarat pressed Depp’s lawyers about Herd’s specific statements, to which Waldman responded. Ultimately, he refused to give the instructions Depp requested to the jury, emphasizing that the privilege could only be claimed if there were no real wrongdoings.
“The only way to find defamatory statements in this case is if there is an actual crime,” Azkarate said. “It’s unique to me and I understand. “But if they find real evil in slanderous statements, you still don’t have the privilege of defending the word.”
In order for him to win his lawsuit, Herd must prove that Waldman made the alleged defamatory statements with genuine malice, or with knowledge that he knew his allegations were false.
In a separate decision on jury instructions, the judge agreed with Depp’s lawyers that jurors should be instructed not to draw conclusions from their objections when Waldman is deposited.
“To be fair, you wanted to keep him [the objections] – Azkarate told Rottenborn. “You wanted to leave them to show that you asked questions and they didn’t answer. But they cannot conclude, “Oh, they are hiding something.”
During the filing, Waldman asserted the attorney’s privilege to refrain from answering questions intended to substantiate claims that he was acting on Depp’s behalf when he made alleged defamatory statements.
The judge also allowed jurors to award punitive damages if necessary.
Before jury instructions were considered, Herd returned to the podium on Thursday as the last witness in the trial. He testified about how Waldman’s alleged defamatory statements were detrimental to his career.
“If I train for the battlefield aquaman “And that becomes a cause. I have a breakdown and I have to deal with it,” Herd said. “The team that I work with has to deal with that, because of the loss I suffer every day that I suffer.”
Asked if he was surprised by the number of people who testified on Depp’s behalf, Cross said: “That’s why I wrote this article. Because he was talking about the phenomenon: how many people are going to come out to support him and not blame him for your power.
Source: Hollywood Reporter
Camila Luna is a writer at Gossipify, where she covers the latest movies and television series. With a passion for all things entertainment, Camila brings her unique perspective to her writing and offers readers an inside look at the industry. Camila is a graduate from the University of California, Los Angeles (UCLA) with a degree in English and is also a avid movie watcher.
