On Wednesday, maybe the happiest moment for Johnny Depp after he won a defamation suit against his ex-wife Amber Heard when a jury found that she defamed Depp by claiming that he assaulted her during their relationship.
In a 2018 opinion-editorial essay by Heard in The Washington Post, in which she said she had become a “public figure representing domestic abuse.” Although the essay never mentioned Depp by name, his attorneys said it indirectly referred to allegations she made against him during their 2016 divorce, Depp sued heard for $50 million in damages, and Heard also countersuit for $100 million.
In a Washington Post op-ed published in December 2018, Heard wrote, “Two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.”
After meeting while filming The Rum Diary in 2011, the couple married in February 2015. In May 2016, she filed for divorce and a domestic violence restraining order.
“I had the rare vantage point of seeing, in real-time, how institutions protect men accused of abuse,” she wrote in the op-ed, which featured the digital headline: “Amber Heard: I spoke up against sexual violence — and faced our culture’s wrath. That has to change.” (She claimed she didn’t write or approve that online headline, but she tweeted a link to the article at the time. It differed from the one used in the print newspaper.)
The jury unanimously found that Heard could not substantiate her allegations against Depp and that she knew her claims of abuse were false when she published her 2018 essay.
The jury determined that Heard acted with actual malice when writing her op-ed.
When Depp and Heard reached a divorce settlement in fall 2016, they agreed to release a joint statement to the media. “Our relationship was intensely passionate and at times volatile, but always bound by love. Neither party has made false accusations for financial gain. There was never any intent of physical or emotional harm. Amber wishes the best for Johnny in the future. Amber will be donating financial proceeds from the divorce to a charity.”
Heard’s countersuit against Depp was determined to be defamatory on one of three counts. Damages of $2 million were granted to her.
Due to a Virginia law cap on punitive damages, the jury awarded Depp $15 million in damages, but Heard will only be required to pay $10.35 million.
Court TV’s Julia Jenae explained Wednesday, “Reason why jury awarded $5M in punitive damages to #JohnnyDepp but in reality, he’ll get much less: Virginia law caps punitive damages at $350K regardless of the verdict, but the jury doesn’t get told about the limit ahead of time.”
Jenae also referred to the Virginia law limiting punitive damages recoverable, which read:
In any action accruing on or after July 1, 1988, including an action for medical malpractice under Chapter 21.1 (§ 8.01-581.1 et seq.), the total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section.
Reason why jury awarded $5M in punitive damages to #JohnnyDepp but in reality he’ll get much less:
Virginia law caps punitive damages at $350K regardless of the verdict, but the jury doesn’t get told about the limit ahead of time ⚖️ @CourtTV https://t.co/0Be5ABZFW8 https://t.co/iS8T5ggAEq
— Julia Jenaé (@JuliaCourtTV) June 1, 2022
Here’s what Depp said in a statement Wednesday:
“From the very beginning, the goal of bringing this case was to reveal the truth, regardless of the outcome. Speaking the truth was something that I owed to my children and to all those who have remained steadfast in their support of me. I feel at peace knowing I have finally accomplished that.”
Depp said that “the jury gave me my life back. I am truly humbled.”
Sources: Dailywire, Thederrick, Cbsnews