July 4, 2022

Amber Heard says she designs to enchantment after Johnny Depp was awarded $10.4 million in his bombshell defamation state of affairs Wednesday — and business specialists advised The Write-up this might put the actor’s payout in limbo.

A jury in Fairfax, Virginia Wednesday found Learn accountable for defaming Depp, 58, in her 2018 Washington Publish op-ed wherein she defined herself as a sufferer of home abuse. The jury additionally uncovered Learn was defamed by simply one in every of Depp’s attorneys however solely awarded her $2 million in damages.

“Beneath Virginia laws you’ll be able to halt choice steps pending an attraction – in essence freeze the assortment methodology to make it doable for the enchantment method to unfold,” Virginia appellate lawyer Steven Emmert advised The Publish. “However you must put up a bond … within the quantity of the judgment as well as one yr’s curiosity.”

The 36-year-previous “Aquaman” actress’ lawyer, Elaine Bredehoft, verified on two television appearances Thursday early morning that Listened to can be enticing quickly after the jury discovered her liable on all of Depp’s claims towards her – whereas solely getting him liable on one in every of her counterclaims.

Amber Heard leaves Fairfax County Circuit Courthouse instantly after the decision on Wednesday.
REUTERS

“She has some nice grounds for [appeal],” Bredehoft knowledgeable “At this time” co-anchor Savanah Guthrie.

“She was demonized listed right here,” Bredehoft talked about. “A wide range of objects have been approved on this court docket docket that actually mustn’t have been permitted, and it brought about the jury to be bewildered.”

Previous to Listened to can file an attractiveness, the get-togethers must return once more into court docket docket “quickly” to place the jury’s verdict right into a judgment, Virginia defamation legislation agency Lee Berlik suggested The Publish.

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Determine Penney Azcarate ordered the capabilities again once more on June 24 to enter the judgment.

Depp, who was not present for the verdict, smokes on a break in the trial on May 27.
Depp, who was not current for the decision, smokes on a break within the trial on Could probably 27.
Getty Images

Proper after the judgment, Depp and Listened to may have 30 days to allow the opposite side know irrespective of in the event that they put together to appeal after which one other 30 days to file the papers.

Most appeals are listened to inside only a yr, Berlik talked about.

“A couple of 12 months from lately we’ll possible have a alternative from an appellate court docket docket,” Berlik claimed.

Within the meantime, Heard must put up the enchantment bond. She may get it by paying a bonding enterprise to put up a bond on her behalf discovering a financial institution to concern a letter declaring they are going to maintain the sources pending attractiveness or securing a courtroom bond by paying the entire judgment for the court docket docket to take care of pending appeal, Emmert, the Virginia lawyer, defined.

Emmert claimed that if Learn doesn’t put up the attraction bond then Depp may begin off going simply after her for the income as rapidly as 22 instances quickly after the judgment.

Bredehoft instructed Guthrie her shopper cannot afford to pay for the $10.4 million jury award. 

Depp argued that fallout from Heard's op-ed prevented him from reprising his role as Captain Jack Sparrow, above, in the sixth "Pirates of the Caribbean" film.
Depp argued that fallout from Heard’s op-ed prevented him from reprising his operate as Captain Jack Sparrow, beforehand talked about, within the sixth “Pirates of the Caribbean” film.
AP

As for Heard’s enchantment, Berlik defined he may see quite a few potential grounds that Heard’s side may combat the decision on — “principally any substantial miscalculation that the trial choose constructed.”

That incorporates the purpose that the determine allowed the trial to go forward in Virginia, the place the Washington Submit relies, alternatively than in California, wherein Depp and Learn reside.

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Her crew may additionally attractiveness the choose’s ruling permitting the trial to be televised reside gavel-to-gavel.

And, they might appeal the ruling to not toss the circumstance out within the to start out with place — in its place of permitting it go to trial — contemplating that the op-ed has “no distinctive allegations of abuse by Johnny Depp,” Berlik mentioned.

Bredehoft tipped her hand as to on the very least a few of the grounds she plans to attraction on, along with on the choose’s option to not let a few of Heard’s skilled medical paperwork as proof.

Depp’s employees was “capable of suppress the medical data, which ended up very, actually substantial as a result of they confirmed a pattern … heading all the best way again to 2012 of Amber reporting this to her therapist, for working example,” Bredehoft suggested Guthrie.

“We skilled [a] important sum of texts, along with from Mr. Depp’s assistants, stating, ‘Once I knowledgeable him he kicked you, he cried. He’s so sorry.’ That didn’t happen in.”

Heard’s group also can enchantment the greenback sum of damages — however possible wouldn’t be productive on that entrance primarily as a result of juries in defamation conditions get “nearly full latitude to award the full they assume is appropriate,” Berlik claimed.

He mentioned {that a} {dollars} verdict must be actually increased in get for them to have grounds to knock it down.

Contemplating that the jury arrived in successfully beneath Depp’s guarantees for $50 million in damages and Heard’s claims for $100 million in damages, “An award of $10 million is most very possible going to face,” Berlik defined.

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Heard pictured alongside co-star Jason Momoa in "Aquaman."
Learn pictured together with co-star Jason Momoa in “Aquaman.”
AP

California former select and current authorized safety lawyer Halim Dhanidina, mentioned he thought the purpose that the jury “didn’t simply rubber stamp numbers that ended up made accessible to them” it “reveals that they really gave some assumed to how significantly they regardless that every of those counts of defamation have been positively actually value within the genuine globe.

“By providing Johnny Depp the bigger amount as properly as an amount for punitive damages, I think about they’ve been evidently saying that he’s the larger goal on this case,” Dhanidina reported.

Reps for Depp declined to remark when questioned if he would attraction.

Heard’s reps declined to comment.