Washington

Why Johnny Depp lost his libel case in the U.K. but won in the U.S.

Published

2 years ago

June 2, 2022

Why Johnny Depp lost his libel case in the U.K. but won in the U.S.

The end result of the Johnny Depp defamation trial turned a little bit of movie star jurisprudence on its head — the long-standing typical knowledge that it’s simpler for a VIP to prevail with a libel declare in the UK than in the US.

The explanation, in accordance with authorized specialists, could merely boil all the way down to the truth that Depp’s motion within the U.Ok. — which he misplaced — occurred to be determined by a decide, whereas his case in the US was determined by a jury.

“The reply is straightforward,” mentioned George Freeman, govt director of the Media Legislation Useful resource Middle. “It was as much as the jury.”

Depp prevailed in his three counts of defamation in opposition to his ex-wife Amber Heard and was awarded $15 million, the seven-person jury introduced Wednesday. The jury additionally determined that Depp, by means of his lawyer Adam Waldman, defamed Heard on one in all three counts in her countersuit. She was awarded $2 million.

Depp sued Heard in Fairfax County, Va., in 2019 for defamation over an op-ed revealed a couple of months earlier than in The Washington Submit. Heard didn’t identify Depp within the article however wrote that she was “a public determine representing home abuse.”

In 2020, Depp misplaced an identical case in the UK wherein he sued the Solar tabloid for calling him a “spouse beater.” Libel regulation has historically been extra favorable to plaintiffs there, even resulting in “libel tourism,” the place plaintiffs sue in British courts to benefit their trigger.

So it shocked some when Depp prevailed within the U.S. case, given plaintiffs right here face a a lot greater bar for proving libel of a public determine. Below American regulation, a plaintiff in a libel trial has to show that they had been harmed by an entity performing with precise malice, that means they knew a libelous assertion was unfaithful once they made it.

Mark Stephens, a world media lawyer conversant in each instances, mentioned Depp’s authorized group in the US ran a technique referred to as DARVO — an acronym for deny, assault, and reverse sufferer and offender — wherein Depp grew to become the sufferer and Heard the abuser.

“We discover that DARVO works very properly with juries however nearly by no means works with judges, who’re skilled to take a look at proof,” Stephens mentioned.

Though Heard was not named within the British case, she testified over a number of days as a witness known as by the Solar. The British decide in the end dominated that the allegations in opposition to Depp had been “considerably true,” writing in a 2020 ruling that “the good majority of alleged assaults … have been proved to the civil customary.”

Regardless that the Virginia case had a a lot greater customary to cross for Depp’s group, “that didn’t influence the end result as a result of basically what you’ve got is a jury believing proof {that a} British decide didn’t settle for, in order that’s the place the distinction lies right here. Unusually, not within the totally different authorized frameworks.”

Which may clarify why Depp misplaced within the U.Ok. despite the fact that he was not required to show the spouse beater label was false. Relatively, beneath British regulation, the publication needed to show that Depp was, the truth is, a spouse beater.

“If Depp had filed that very same case right here within the U.S., he would have the burden of persuading the jury that the accusation was false,” mentioned Lee Berlik, a Virginia-based lawyer who makes a speciality of defamation regulation and enterprise litigation.

The excellence is important as a result of in instances the place there may be proof on either side and the jury can’t decide which social gathering is telling the reality, the social gathering with the burden of proof loses. “It’s outstanding {that a} decide within the U.Ok. discovered that the Solar had confirmed 12 separate acts of ‘spouse beating’ by Depp, however in Virginia a jury basically discovered zero acts of home abuse and that Ms. Heard’s claims on the contrary had been mainly a ‘hoax,’” Berlik added.

Depp sought to have the case heard in Virginia, which has a comparatively weak anti-SLAPP statute, somewhat than in California, the place he and Heard each reside. Such statutes — the acronym is brief for strategic lawsuits in opposition to public participation — present defendants a fast strategy to get meritless lawsuits dismissed. Heard sought dismissal of Depp’s swimsuit however was unsuccessful.

The opposite distinction between the 2 instances is the mayhem that came about on-line exterior the courtroom. Whereas the U.Ok. case prompted outsize media protection, the trial in Virginia took it to a different degree. The trial was live-streamed, with hundreds of thousands tuning in and dissecting the testimony on social media. “Saturday Night time Stay” even lampooned it.

Though jurors had been ordered to not learn concerning the case, they weren’t sequestered.

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Washington

Two Former Washington Nationals First Round Picks Opt To Become Free Agents

Published

20 mins ago

November 12, 2024

Press Room

Two Former Washington Nationals First Round Picks Opt To Become Free Agents

There is plenty of young talent within this Washington Nationals organization that should give hope for how things will look in the upcoming years.

After trading away Juan Soto in a difficult decision at the 2022 trade deadline, it looks like that deal was a home run for them with almost all of their returning pieces looking like they could become franchise cornerstones.

Beyond that, there are others in the pipeline who seem to have bright futures as well, and based on how general manager Mike Rizzo has operated recently, they will get a chance to prove they can be part of this team going forward during the upcoming 2025 season.

However, two of the Nationals past first-round picks are no longer with the team.

According to Mark Zuckerman of MASN, Carter Kieboom and Mason Denaburg have elected to become free agents, ending their tenure within Washington’s organization.

Kieboom was taken 28th overall in the 2016 draft, and early on in his career, he was thought to be their third baseman of the future.

But things didn’t quite work out that way.

He could never get things going at the plate, slashing .199/.297/.301 with 12 homers, 42 RBI and an OPS+ of 65 across his 133 Major League games from 2019-23. The Tommy John surgery he underwent that caused him to miss the entire 2022 campaign didn’t help him either.

At 27 years old, Kieboom will look for his next opportunity elsewhere, hoping he can resurrect his career and live up to the first-round projection he had almost a decade ago.

As for Denaburg, he never came close to reaching the MLB.

Despite being taken 27th overall in 2018, the right-handed pitcher hasn’t even made it to Double-A at any point of his career, having been snake bitten by injuries and poor play throughout.

While the Nationals are certainly brimming with young talent at this stage of their rebuild, the departures of Kieboom and Denaburg this offseason are reminders of how poor they have been at drafting players in the first round over the years.

Hopefully that will come to an end as the front office looks to supplement their pipeline while their star prospects get called up to The Show.

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Washington

Where do the Washington Commanders Rank in the NFL After Week 10?

Published

8 hours ago

November 12, 2024

Press Room

Where do the Washington Commanders Rank in the NFL After Week 10?

The Washington Commanders entered their Week 10 matchup as a dark horse Super Bowl-contending squad. They added four-time Pro Bowl cornerback Marshon Lattimore at the trade deadline, though he was dealing with a hamstring that delayed his debut with the team.

With a matchup against another dark horse Super Bowl contender and one of the hottest teams in the NFL, the Pittsburgh Steelers. The Commanders were able to put 27 points on the board, but it wasn’t enough as they suffered a 28-27 loss.

Bleacher Report released their Week 11 power rankings roundtable from their expert analysts, and the Commanders stood pat ranked No. 7 in the NFL.

“Week 10 was a litmus test for the Washington Commanders—a matchup with one of the AFC’s hottest teams in the Pittsburgh Steelers ahead of a critical NFC East showdown with the rival Eagles in Week 11,” Bleacher Report wrote. “The 27 points Washington scored were fine, but the Commanders logged fewer than 250 yards of offense and Jayden Daniels completed just half of his 34 pass attempts for 202 yards without a touchdown.”

To this point in his young career, data certainly suggests Jayden Daniels will bounce back from his performance. The rookie quarterback was definitely humanized in the loss — as the Steelers’ pressure was too much for him and proved he’s capable of being stopped. However, the LSU product also got a look at a great defense, and hitting the film room can help him prepare for the way the next team will pressure him.

The fact that Washington still nearly came away with a victory proves that they’re a very capable contender this season and are a well-rounded team. It’d be much easier to judge their loss had they had Lattimore or star running back Brian Robinson Jr. healthy.

Stick with CommanderGameday and the Locked On Commanders podcast for more FREE coverage of the Washington Commanders throughout the 2024 season.

Follow Kade on Twitter.

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Washington

Domestic assault report leads to discovery of cache of weapons; suspect sought

Published

15 hours ago

November 12, 2024

Press Room

Domestic assault report leads to discovery of cache of weapons; suspect sought

A domestic assault report led the St. Mary’s County Sheriff’s Office to discover a cache of weapons last week, and authorities continue searching for the suspect.

Officers responded to the domestic assault report at 9:23 p.m. Thursday in the 2000 block of Goddard Road in Lexington Park. The suspect, 39-year-old Jerod Adam Taylor, left the scene before law enforcement arrived.

During the investigation, officers learned Taylor reportedly possessed multiple firearms, which were found in plain view in the residence, despite him being legally prohibited from owning them due to previous convictions. Taylor also is wanted on an outstanding warrant for theft.

Detectives executed search warrants for the residence and nearby vehicles Friday and found an “extensive” collection of more than 80 weapons, according to the sheriff’s office.

Items law enforcement recovered included multiple 3D-printed “ghost guns” without serial numbers, semi-automatic rifles, handguns, shotguns, an AK-47 semi-automatic rifle, 1,300 rounds of ammunition and an assortment of firearm components.

Taylor faces more than 10 charges, including second-degree assault and illegal possession of a regulated firearm.

Taylor should be considered armed and dangerous, and law enforcement urges anyone who spots him to not approach and immediately call 911, the sheriff’s office said.

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