A Virginia judge on Tuesday denied Johnny Depp’s motion to dismiss Amber Heard’s counterclaim, ruling that the matter should be decided by a jury.
The counterclaim alleges that Depp’s lawyer, Adam Waldman, defamed Heard and damaged her career by accusing her and her friends of committing a “deception of abuse.”
Heard’s side rested their case Tuesday morning, and had Depp’s team make the routine motion to dismiss the claim.
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Johnny Depp has lost his bid to dismiss Amber Heard’s reprimand. (Jim WATSON / various sources / AFP)
Depp’s lawyer, Ben Chew, argued that Waldman was offering his opinion and therefore could not have committed defamation. Chew also argued that there was no evidence that Depp had seen or known Waldman’s statements until the counterclaim was filed.
“He believed, and will do so until the day of her death, that Ms. Heard’s allegations of abuse were clearly false,” Chew said.
Heart Rot’s lawyer Ben Rottenborn argued that Waldman acted as Depp’s lawyer and that Depp was therefore responsible for Waldman’s conduct. He also said there is abundant evidence that Depp abused Heard and that therefore the jury should be left with the decision to award damages for the counterclaim.
American actress Amber Heard speaks with a member of the legal team during the trial at the Fairfax County Circuit Court in Fairfax, Virginia, on May 24, 2022. (AP)
“Counterclaims are 100% false,” Rottenborn said. “No deception was committed. Mr Depp is an abuser who abused Mrs Heard. She did not conspire with her friends to create a deception. She did not create any deception herself.”
Judge Penney Azcarate denied Depp’s motion.
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“It is not my role to measure the veracity or weight of the evidence,” he said.
Actor Johnny Depp is in the courtroom during a break in the Fairfax County Circuit Court in Fairfax, Virginia on May 24, 2022. (AP)
Heard’s lawyers also made a similar motion to dismiss Depp’s underlying defamation suit after Depp’s team rested its case on May 3. Depp is suing Heard for alluding to his earlier allegations of domestic violence in a December 2018 opinion piece in the Washington Post. Azcarate also denied this motion, meaning the jury will have to decide both Depp’s lawsuit and Heard’s counterclaim.
Depp’s team also filed a motion to ban Heard from claiming immunity from a defamation suit under Virginia’s anti-SLAPP statute. The statute is designed to protect discourse on issues of political or social importance, but does not protect comments made with “real malice.” If Heard prevailed for these reasons, he would be entitled to recover the fees of his Depp attorneys. Azcarate also denied this motion, saying the jury will also have to resolve the facts of the matter.
The head of the study confirms in court why Amber Heard was almost replaced by Aquaman 2
Meanwhile, the president of DC Films said Tuesday that the studio was considering replacing Amber Heard with Aquaman 2 for worrying that it had no chemistry with star Jason Momoa.
Heard was eventually chosen for the sequel, but her lawyers have argued that she almost lost her job and was unable to renegotiate for more money due to the backlash against her domestic abuse allegations against Depp. Heard is seeking $ 100 million (about $ 141 million) in a defamation lawsuit against Depp.
Walter Hamada, the head of Warner Bros. ‘ DC, was the first witness called by Depp’s side when they began their rebuttal of Heard’s counterclaim in Fairfax, Virginia.
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DC Films president said Tuesday that the study proposed replacing Amber Heard with Aquaman 2 out of concern that she had no chemistry with star Jason Momoa (Photo by Jim Watson / Pool via AP)
Appearing by video deposition, Hamada stated that allegations of abuse played no role in the casting decisions in Aquaman 2.
However, he said the studio delayed the pick-up of his choice for several weeks as it considered whether to reformulate Mera’s role, which was Aquaman’s love interest in the first film.
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“They didn’t have a lot of chemistry together,” Hamada said.
Walter Hamada, the head of Warner Bros. ‘ The DC unit was the first witness called by Depp’s side when they began refuting Heard’s counterclaim in Fairfax, Virginia (Photo by Jim Watson / Pool via AP)
“Editorial they were able to make that relationship work in the first film, but there was concern that it would take a lot of effort to get there.”
Hamada said the chemistry was created in post-production, using “movie magic,” including the film’s score. He said it’s not uncommon for two tracks to have no chemistry.
“When you see it you know it, and the chemistry wasn’t there,” he said.
American actress Amber Heard arrives at Fairfax County Circuit Court in Fairfax, Virginia on May 24, 2022 (JIM WATSON / POOL / AFP)
Heard paid $ 1 million (about $ 1.4 million) for the first Aquaman and $ 2 million (about $ 2.8 million) for the sequel. That pay was consistent with his original contract, but Heard’s agent has testified that he should have been able to renegotiate for more money due to the overall success of the first film. However, Hamada stated that under its leadership at DC Films, it has pledged not to automatically renegotiate the sequels.
“A big part of our philosophy was that we were going to keep people in their choices,” he said.
Douglas Bania (PhD), Licensing and Damage Expert, testifies in the Fairfax County Circuit Court Chamber in Fairfax, Virginia, May 24, 2022. (JIM WATSON / POOL / AFP)
Hamada said that Aquaman 2, which will be released next year, was conceived as a “comedy of friends” between Momoa and Patrick Wilson, played by King Orm, Aquaman’s half-brother. Heard has alleged that his role has been “reduced” considerably over time, but Hamada has testified that it has remained static since the film was first released in 2018.
Heartd’s team has claimed to have lost at least one other role: an Amazon movie with Gael Garcia Bernal, as well as lucrative support deals due to the online campaign against her for her allegations of abuse. against Depp.
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