BackJohnny Depp vs Amber Heard verdict: Who gets what and why in this lawsuit
Johnny Depp-Amber Heard case: The televised trial featuring Johnny Depp and Amber Heard has come to an end with the jury ruling that Amber Heard fabricated claims that she was abused by the Pirates of the Caribbean star.
PremiumThe televised trial featuring Johnny Depp and Amber Heard has come to an end with the jury ruling that Amber Heard fabricated claims that she was abused by the Pirates of the Caribbean star.
The jury also vindicated in favour of Heard wherein she claimed that Johnny's lawyer calling her allegations hoax had caused defamation for the Aquaman actor.
Following the ruling of the defamation trial, both Depp and Heard were directed to pay some amount in damages.
Heard was directed to pay $15 million (roughly ₹116 crore) in damages, while Depp was ordered to pay $2 million (just over ₹15 crore).
However, Johnny’s initial suit against Amber was for $50 million (over ₹387 crore) while Amber had countersued him for $100 million (over ₹775 crore).
Lets understand why the charges were decreased following the seven-week trial.
Understanding the case
Depp and Heard were married in a civil ceremony in February 2015. Heard filed for divorce in May 2016 and obtained a temporary restraining order against Depp, alleging in her court declaration that he had been verbally and physically abusive throughout their relationship, usually while under the influence of drugs or alcohol. Depp denied these claims and alleged that she was "attempting to secure a premature financial resolution".
Johnny Depp had sued Amber Heard alleging that she defamed him when she called herself a victim of domestic abuse in a 2018 op-ed she wrote for the Washington Post.
Amber Heard countersued Depp saying he defamed her when he called her a liar and her claims ‘a hoax’.
Both alleged they suffered abuse at the hands of the other during their two-year marriage.
Is the jury's ruling a victory for Depp?
The jury found both, Heard and Depp, guilty of defamation. However, the verdict has been hailed as a victory for the latter. The jury found Heard guilty on three count and Depp guilty on only one.
According to the jury's ruling, Amber defamed Johnny by calling him an abuser, she made the statements ‘with actual malice’, this being a bigger offense involving public figures.
In Amber’s countersuit against Johnny, the jury ruled in two of the three counts, Amber’s legal team was not able to prove ‘all the elements of defamation’. Only in one count was Johnny held guilty.
In his statement, Johnny thanked the jurors for giving him ‘his life back’. Amber, on the other hand, said she was ‘heartbroken’ as she ‘lost the case’.
Determining the compensatory and punitive charges
In the American legal system, the jury determines the amount for damages based on the facts of the case and their own discretion.
Since Amber was found guilty on all three counts, she was ordered to pay the larger sum in damages.
The ruling split the damages in two parts--compensatory and punitive.
As per an explainer from Cornell University’s legal department, compensatory damages are intended to compensate the affected party for loss. Punitive damages are awarded to punish a wrongdoer.
In this case, Amber was ordered to pay $10 million in compensatory damages and $5 million in punitive damages. Johnny was ordered to pay $2 million in compensatory damages and zero in punitive damages.
Damages to be paid by Depp and Heard
In Virginia, punitive damages in civil lawsuits are capped at $350,000 ( ₹2.7 crore) maximum. Therefore, actor Amber Heard will have to pay only $10.35 million (just over ₹80 crore) from the total $15 million ( ₹116 crore) she has been asked to pay in damages.
However, Johnny did not incur punitive charges, thereby asserting that he will pay the $2 million ( ₹15 crore) he has been asked to.
This being said, reports have emerged that Heard is set to challenge the Virginia court's ruling in a higher court. If that happens, no payments will be made until the higher court gives an outcome of Heard's appeal.
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