In a huge move, Johnny Depp’s legal team has tried to get Amber Heard’s $134 million counterclaim thrown out by claiming there are “gaping holes” in her case.
Johnny Depp’s legal team has made a bold move at 11 a.m., arguing that Amber Heard’s $100 million ($A134 million) counterclaim against the actor should be dismissed.
On Tuesday morning U.S. time, Benjamin Chew, Depp’s attorney, said Heard’s defamation lawsuit was based on alleged defamatory statements by Adam Waldman, an associate of the actor, but those statements cannot be assumed to have come from Depp.
Mr Chew said this was a “gaping hole” in Heard’s case.
If the counterclaim were dismissed, only Depp’s defamation case would be tried against Heard, leaving the Aquarius star more legally vulnerable.
The legal offer came when Heard’s team rested. It will no longer call witnesses, but may cross-examine witnesses called by Depp.
Depp’s team has spent much of the day calling witnesses, including a senior director of Warner Brothers, the studio that produces the… Aquarius – pouring cold water on Heard’s claims that her career was thwarted by allegations against her. But it was revealed that she was almost completely cut from Aquaman 2 due to her lack of “chemistry” with protagonist Jason Momoa.
Depp tries to get the Heard case out of the door
Heard is being sued by Depp for $50 million ($A67 million) for suggesting he killed her in a 2018 Washington Post op-ed. Though she hasn’t named him, he claims her accusations are false and cost him lucrative movie roles.
Ms. Heard filed a counterclaim, asking for $100 million ($A134 million) claiming that she had suffered “unfettered physical assault and abuse” at his hands, but was vilified when it was alleged that she the accusations fabricated†
Mr. Waldman has worked for Depp’s legal team several times since 2016.
In a number of media interviews, he questioned Heard’s claims against Depp, saying she was engaged in an “abuse hoax.”
Mr Waldman told a media outlet that the… Los Angeles Police Department had opened an investigation against Ms. Heard for perjury† But it was the LA Sheriff’s Department launched an investigation and that was after Mr. Waldman presented to the police what he claimed were perjury statements of Heard.
When called to testify by Heard’s legal team, he declined to answer 75 questions, including whether he was acting on Depp’s behalf when speaking to the media about Heard.
Mr Chew said it was wrong to sue the actor for comments made by Mr Waldman as there was no evidence that Depp was aware of them.
“There is no evidence whatsoever that Mr. Depp has seen even one of Mr. Waldman’s statements that Miss Heard is suing him for $100 million.”
In addition, he said that Mr. Waldman was a contractor and not an employee, further weakening the link between the two.
However, Benjamin Rottenborn, acting for Heard, rejected Depp’s team’s claims.
He said the claims that police were investigating Heard for perjury was an “embarrassing and sickening example of the length Mr Depp would go through through his agent Mr Waldman to smear Ms Heard.”
He went on to say that there was “sufficient evidence” that Mr. Waldman was working on Depp’s behalf, including that he was named Depp’s attorney when he made statements and admitted to speaking on behalf of the actor.
Judge Penny Azcarte was not swayed by Depp’s team’s arguments. She said Mr Waldman was Depp’s legal representative at the time of making the comments and therefore a relationship between the two could be inferred.
She withdrew the motion so Heard’s counterclaim could continue.
Studio Considered Dumping Heard From Aquaman 2
An important part of Heard’s argument was that allegations made about her by Depp or Mr. Waldman affected her career, her earnings, and that he saw a role in Aquaman 2 demoted.
But when he appeared for Depp’s team, Warner Brothers director Walter Hamada, president of DC movies, said that wasn’t the case. The studio even considered ditching Heard altogether because she wasn’t right for the role.
Earlier he said, Aquaman 2 was built around the two male characters.
“The movie was always pitched as a buddy comedy between Jason Momoa and Patrick Wilson,” Hamada said.
He also said there were delays in signing Heard over concerns about her chemistry with lead actor Momoa.
“Editorially, they were able to make that relationship work in the first movie, but there was a concern that it would take a lot of effort to get there and we’d better cast someone who had a better, more natural chemistry with Jason Momoa,”
#Depps #Bold #Million #Move #Heard