A Virginia judge on Tuesday denied Johnny Depp's motion to dismiss Amber Heard's counterclaim, ruling that the issue should be decided by the jury.
The counterclaim alleges that Depp's lawyer, Adam Waldman, defamed Heard and damaged her career when he accused her and her friends of perpetrating an "abuse hoax."
Heard's side rested their case Tuesday morning, prompting Depp's team to make the routine motion to dismiss the claim.
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Depp's lawyer, Ben Chew, argued that Waldman was offering his opinion, and that therefore he cannot have committed defamation. Chew also argued that there is no evidence that Depp saw or knew about Waldman's statements until the counterclaim was filed.
"He did believe, and will to his dying day, that Ms. Heard's claims of abuse were patently false," Chew said.
Ben Rottenborn, Heard's lawyer, argued that Waldman was acting as Depp's lawyer and that Depp is therefore responsible for Waldman's conduct. He also said there is abundant evidence that Depp abused Heard, and that therefore it should be left to the jury to decide whether to award damages on the counterclaim.
"The counterclaim statements are 100 per cent false," Rottenborn said. "There was no hoax perpetrated. Mr. Depp is an abuser who abused Ms. Heard. She did not conspire with her friends to create a hoax. She did not create a hoax herself."
Judge Penney Azcarate denied Depp's motion.
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"It's not my role to measure the veracity or the weight of the evidence," she said.
Heard's lawyers also made a similar motion to dismiss Depp's underlying defamation suit after Depp's team rested their case on May 3. Depp is suing Heard for alluding to her prior domestic violence claims in a December 2018 op-ed in the Washington Post. Azcarate denied that motion as well, meaning that the jury will have to decide both Depp's suit and Heard's counterclaim.
Depp's team also made a motion to bar Heard from claiming immunity from a defamation suit under Virginia's anti-SLAPP statute. The statute is designed to protect speech on matters of political or social importance, but does not protect comments made with "actual malice." If Heard were to prevail on those grounds, she would be entitled to recoup her attorneys' fees from Depp. Azcarate denied that motion as well, saying the jury will also have to resolve the facts of the matter.
Studio boss confirms in court why Amber Heard was almost replaced in Aquaman 2
Meanwhile, the president of DC Films testified on Tuesday that the studio considered replacing Amber Heard for Aquaman 2 out of concern that she lacked chemistry with star Jason Momoa.
Heard was ultimately cast in the sequel, but her lawyers have argued that she nearly lost the job and could not renegotiate for more money due to the backlash over her domestic abuse allegations against Depp. Heard is seeking $US100 million (approx. $141 million) in a defamation counterclaim against Depp.
Walter Hamada, the head of Warner Bros.' DC unit, was the first witness called by Depp's side as they begin their rebuttal of Heard's counterclaim in court in Fairfax, Virginia.
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Appearing by video deposition, Hamada testified that the abuse allegations played no role in casting decisions in Aquaman 2.
However, he said the studio did delay picking up its option for several weeks as it considered whether to recast the role of Mera, who was Aquaman's love interest in the first film.
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"They didn't have a lot of chemistry together," Hamada said.
"Editorially they were able to make that relationship work in the first movie, but there was a concern that it took a lot of effort to get there."
Hamada said that the chemistry was created in post-production, using "movie magic," including the film's score. He said it is not uncommon for two leads to lack chemistry.
"You know it when you see it, and the chemistry wasn't there," he said.
Heard was paid US$1 million (approx $1.4 million) for the first Aquaman, and US$2 million (approx $2.8 million) for the sequel. That pay was consistent with her original contract, but Heard's agent has testified that she should have been able to renegotiate for more money due to the global success of the first film. However, Hamada testified that under his leadership at DC Films, he has made a point of not automatically renegotiating for sequels.
"A big part of our philosophy was we were going to hold people to their options," he said.
Hamada said that Aquaman 2 – due out next year – was conceived as a "buddy comedy" between Momoa and Patrick Wilson, who plays King Orm, Aquaman's half-brother. Heard has alleged that her role was "pared down" considerably over time, but Hamada testified it has remained static since the film was first developed in 2018.
Heard's team has contended that she lost out on at least one other role – an Amazon film with Gael Garcia Bernal – as well as lucrative endorsement deals due to the online campaign against her over her abuse allegations against Depp.
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2022-05-24 20:34:40Z
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