Johnny Depp faces uphill battle in suit against Amber Heard

Johnny Depp faces uphill battle in suit against Amber Heard

Johnny Depp faces an uphill battle in his defamation lawsuit in opposition to Amber Heard – and the truth that he’s so well-known makes his case even more durable to win, authorized consultants advised The Submit this week.

The “Pirates of the Caribbean” star’s workforce must meet the next authorized bar to show their case due to their shopper’s high-profile standing, the consultants stated.

“The First Modification protects our rights to debate issues of public considerations – which arguably, in at present’s day and age, contains celebrities’ lives,” defined California leisure lawyer Mitra Ahouraian.

Defamation instances are exhausting to win basically — and much more tough once they contain celebrities, as a result of there’s an added burden of proving “precise malice” on the a part of the defendant (Heard).

“He has this extra burden which isn’t straightforward,” Ahouraian stated.

However Depp, 58, doesn’t look like sweating the tough nature of his case — and is spending the week off from trial in Europe, a supply near him stated.

“Johnny is in Europe taking a while out to relaxation for a couple of days, hang around with previous associates, taking part in music, and is taking lengthy walks within the countryside,” the supply stated.

The “Edward Scissorhands” actor sued Heard, 36, for $50 million in defamation over a 2018 Washington Submit op-ed piece she penned calling herself “a public determine representing home abuse.”

Consultants say Johnny Depp may have a more durable time profitable his swimsuit in opposition to ex-wife Amber Heard as a result of he’s a star. AP

Amber Heard is being sued by ex-husband Johnny Depp for $50 million. AP

Heard didn’t identify Depp within the essay. However his attorneys argue it nonetheless smeared him, as a result of it was clearly referencing allegations of home abuse Heard made when she filed for divorce in 2016.

The “Aquaman” actress has fired again along with her personal $100 million countersuit alleging Depp is finishing up a “smear marketing campaign” to wreck her life.

The 2 have been duking it out in a Virginia court docket for 4 weeks over the claims, although the proceedings went on break Might 5, after Heard’s second day on the stand, and can resume Monday.

A supply tells The Submit that Johnny Depp is spending his week off from the trial in Europe. AP

Halim Dhanidina, a former California choose and present legal protection lawyer, stated two challenges in these instances are that opinions can’t be thought-about defamatory, and that the statements being challenged have to be confirmed false.

“Defamation instances are typically tough, largely as a result of you will have this pressure between an individual’s First Modification rights to specific themselves and the distinction between an announcement of opinion and an announcement of reality,” Dhanidina stated.

“Statements of opinion typically talking aren’t one thing for defamation fits as a result of you’ll be able to’t show or disprove what somebody’s opinion is or whether or not it’s correct.”

With public figures, similar to Depp and Heard, you could transcend proving that statements had been false — and present they had been made with “precise malice,” the consultants stated.

In 2018, Amber Heard revealed an op-ed within the Washington Submit by which she claimed to have suffered “home abuse.”POOL/AFP through Getty Pictures

Precise malice is a authorized normal {that a} false assertion needed to have been made realizing it was unfaithful or needed to have been made recklessly – that means the individual didn’t trouble to examine if their assertion was true.

“Neither of them, in my view, are going to have the ability to meet the usual to determine that they had been defamed,” Ahouraian stated, including, “It’s most likely going to be a wash on both facet.”

The lawyer stated that “what’s entrance and middle” proper now’s whether or not what Heard stated was true or false.

Sources near Johnny Depp say the actor feels “vindicated.”AP

“If there may be some reality then that’s a loss — that’s not defamation,” she stated.

A further layer in celeb instances, is coping with the individual’s present fame — which Dhanidina stated may assist Depp on this case.

“Johnny Depp is basically a well-regarded individual,” the previous choose stated. “When you consider what the typical American is aware of about him it’s going to be highly regarded films just like the ‘Pirates of the Caribbean’ franchise.”

“You possibly can go to Disneyland or Disneyworld and there he’s. His picture is all all through that amusement park experience in a really healthful surroundings,” Dhanidina stated. “That provides him a bonus to a sure extent.

Amber Heard is countersuing for $100 million. POOL/AFP through Getty Pictures

“If the jurors go into this sense like they already know him and like him and belief him, then he can’t assist however take pleasure in considerably of a pure benefit there,” Dhanidina added.

New York lawyer Richard Altman, who reps Mariah Carey’s brother, Morgan Carey, in his defamation swimsuit in opposition to the pop famous person, known as Depp’s swimsuit “a skinny case” and stated “I don’t perceive how this case was by no means dismissed.”

“The [Heard op-ed] article doesn’t level to any particular details so once more it seems to be like an opinion,” Altman stated. “A lady who says she was abused is writing about being abused. you’ll be able to’t have a defamation swimsuit based mostly on opinion.”

Observe The Submit’s reside protection of the Johnny Depp-Amber Heard defamation trial

Altman stated should you sue for defamation you open your self as much as scrutiny from the opposite facet – and in Depp’s case intense public scrutiny.

“Whenever you file a defamation declare you might be placing your complete fame on the road,” Altman stated. “You possibly can put your complete fame on the road and it turns into truthful sport for assault by the opposite facet so if in case you have any skeletons in your closet or if in case you have any previous indiscretions they’re very prone to come up.

“No one’s excellent so folks should be very cautious once they carry these type of instances and [Depp] does have this fame which is being aired in court docket right here on a regular basis,” Altman stated.

One other problem in defamation instances is that you simply additionally should show how the alleged defamatory assertion led to a financial loss — Which Depp argues they did.

“A part of the issue there may be connecting these two dots – this false assertion led to this financial loss,” Dhanidina stated.

No matter how issues prove, sources near Depp stated he feels “vindicated” and relieved to have been ready “to inform his facet of the story.”

Legal professionals on either side didn’t instantly return requests for remark.

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