Lawyers for actress, Amber Heard have demanded that her defamation loss in court to ex- husband Johnny Depp be tossed out on the grounds that the verdict was not supported by evidence.
Last month Depp was awarded $10.35million in damages from Heard, while she was awarded just $2million in damages from Depp meaning, Heard owes Depp $8.35million.
But her lawyers now allege that a juror had not been properly vetted, and questioned whether that juror was even supposed to be allowed on the jury.
In a 43-page memorandum, Heard’s lawyers argued that Depp ‘proceeded solely on a defamation by implication theory, abandoning any claims that Ms. Heard’s statements were actually false.’
Depp’s lead attorney, Ben Chew, responded to the motion in a statement to Courthouse News, saying ‘What we expected, just longer, no more substantive.’
The motion cast doubt on the validity of the jury selection process, pointing out a juror – identified as Juror 15 – whose birth year was listed as 1945 in court records.
The filing argued that Juror 15 ‘was clearly born later than 1945. Publicly available information demonstrates that he appears to have been born in 1970.’
‘This discrepancy raises the question whether Juror 15 actually received a summons for jury duty and was properly vetted by the court to serve on the jury.’
‘It appears his identity could not have been verified,’ the filing reads.
‘Mr. Depp made no such effort at any point in the trial to limit his claimed damages. Instead, even throughout the Closings, Mr. Depp continued to urge the jury to restore his reputation and legacy to his children as a result of Ms. Heard accusing Mr. Depp in May 2016 of domestic violence.’
Heard has said that she is unable to pay the $10.35million in damages she owes Depp. Though she has previously indicated that she wants to appeal the verdict, to do so she would need to post bond of the full damages.