VA - Johnny Depp's defamation case against ex Amber Heard, who countersued #14

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tlcya said:
sigh, I want to know where she came up with the bond and what amount was received. No way shopping at TJ Maxx in staged photos for a few days saved her enough to do so. Did EM front her the funds? grrr I knew she wouldn't go away, but I really didn't think she'd come up with the juice to appeal. I truly expected her appeal to take place in the court of public opinion only.
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Her insurance company can put up the money up if she has verifiable collateral. Even with that 10 mill. up front she will still have more financial hurdles to go through with this and it could take years. For someone who just wanted JD to leave her alone and let her move on with her life, sure seems like she's in this for the long haul. Her PR team does her no justice. I think if she were to just lie low for a while go raise her daughter and focus on her life she may be able to reinvent herself an try coming back from this with less damage.
 
I am not sure that her insurance company would put up the money. I've read that they are suing her to get their money back since she was ruled against.

abc7.com

Amber Heard sued by insurer in LA over $8.3 million Johnny Depp trial verdict

Amber Heard's insurer is suing the actress in Los Angeles, alleging in federal court that the actress' policy does not cover any of the $8.3 million in losses ex-husband Johnny Depp won against her in their highly publicized defamation trial, according to court documents.
abc7.com abc7.com
 
Bhodie said:
Her insurance company can put up the money up if she has verifiable collateral. Even with that 10 mill. up front she will still have more financial hurdles to go through with this and it could take years. For someone who just wanted JD to leave her alone and let her move on with her life, sure seems like she's in this for the long haul. Her PR team does her no justice. I think if she were to just lie low for a while go raise her daughter and focus on her life she may be able to reinvent herself an try coming back from this with less damage.
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But would her insurance company do this? Someone did link up above--that While Heard had a liability policy with New York Marine and General Insurance Co., the policy does not cover "willful'' misconduct, which is exactly what the jury in the defamation case found she was liable for. So they are now sueing her.
 
Warwick7 said:
But would her insurance company do this? Someone did link up above--that While Heard had a liability policy with New York Marine and General Insurance Co., the policy does not cover "willful'' misconduct, which is exactly what the jury in the defamation case found she was liable for. So they are now sueing her.
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She can get a Surety bond if she can convince the company that she is worthy and she would have to pay a set amount up front. I don't think it has to be with the current insurance companies she is with but don't quote me on that as I have limited knowledge with this. I know three parties are involved the Principal, the Obligee and the Surety and it is a contract that they lock into. If that is the case and a Surety bond is the route she goes she is definitely having help from someone with deep pockets.
 
Bhodie said:
She can get a Surety bond if she can convince the company that she is worthy and she would have to pay a set amount up front. I don't think it has to be with the current insurance companies she is with but don't quote me on that as I have limited knowledge with this. I know three parties are involved the Principal, the Obligee and the Surety and it is a contract that they lock into. If that is the case and a Surety bond is the route she goes she is definitely having help from someone with deep pockets.
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Maybe whoever the sperm daddy is has deep pockets. Cant imagine anyone else would do this unless the UCLA is helping her. But if they can fork out all kinds of money on her why are they accepting donations? jmo.
 
My understanding is that Travelers covered most of her legal fees up through the verdict under a homeowners policy that covered defamation. (side note: until this trial I had no idea this was a thing but apparently it's not an uncommon coverage) But that most such policies do NOT cover the damages if you are indeed found guilty of defamation.

Now Travelers and New York Marine are in a battle over this mess as well:

Also on Friday, New York Marine and General Insurance Co. filed a lawsuit seeking to not be forced to cover Heard's legal defense fees and expenses for the multimillion-dollar trial or any subsequent appeal.

According to court documents obtained by PEOPLE, the provider covered Heard from July 18, 2018, to July 18, 2019, which spanned when the Washington Post op-ed was published in December 2018 and when Depp sued Heard in March 2019.

[SNIP]
According to the Los Angeles Times, a different insurance company, Travelers Commercial Insurance has supported Heard via a 2018 homeowners insurance policy. Travelers sued New York Marine to make it pay half of Heard's defense costs, the outlet reported, and New York Marine countersued.
Amber Heard's Insurance Provider Takes Legal Action to Not Pay Damages, Fees from Johnny Depp Trial

So again, I must ask, who is paying for the legal representation for this appeal, not to mention that bond required against the damages lost in round 1 in order to file it?
 
So just the notice has been filed, just under the deadline to do so I might add, but not the appellate doc itself. The notice simply preserves her right to file the actual appeal. So in essence, for $500 she bought herself more time to figure out how to pay for the actual appeal. So she got her notice of appeal in timely, how long does she have to file her actual appellate brief? I can't seem to find that info but hope someone else can and links it.

It seems a new situation began in VA effective January 1, 2022. Prior to that appeals were handled by the VA supreme court and were not allowed in civil cases (only criminal) unless grounds for an appeal were found. Now it is a matter of right. Anyone can appeal any civil verdict. There is a new appellate court option for civil litigants. This Link describes this relatively new (to VA) process.
 
tlcya said:
So just the notice has been filed, just under the deadline to do so I might add, but not the appellate doc itself. The notice simply preserves her right to file the actual appeal. So in essence, for $500 she bought herself more time to figure out how to pay for the actual appeal. So she got her notice of appeal in timely, how long does she have to file her actual appellate brief? I can't seem to find that info but hope someone else can and links it.

It seems a new situation began in VA effective January 1, 2022. Prior to that appeals were handled by the VA supreme court and were not allowed in civil cases (only criminal) unless grounds for an appeal were found. Now it is a matter of right. Anyone can appeal any civil verdict. There is a new appellate court option for civil litigants. This Link describes this relatively new (to VA) process.
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Looking at the Twitter link up above I see 9/4/22 as the deadline.
 
Warwick7 said:
This is soooo stupid.
She won't win...
She wants back in the fighting ring.
She likes that feeling...or needs it.
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Too bad for her she won't find out how dull an appeal really is… or that it doesn’t bring her face to face with Johnny, for/until several months in the future have passed… hoping she gives Elaine and Rotten daily merry hell by phone for progress reports.

more from Law & Crime:

https://twitter.com/x/status/1550539569497505795
 
It's my impression that if AH wants to stop JD from collecting his judgement and investigating her assets for collection before the appeal is processed and decided on, that's when she has to pay the surety/suspension bond (which is $10.35 million and 6% interest per year). Same with JD. The appeal cost itself is apparently only a nominal fee.

I think it makes sense for him to also appeal now that she has indicated her intention to do so, and to pay the suspension bond up front, because it means that $2 million can't be collected on now by her and used against him for the appeal.

So there are two different separate actions to pay for: appealing the verdict + staying the judgment collection.

If that makes sense, and if I am correct about Virginia law?

@squareandrabbet I agree, appeals often take months/years to be heard and answered. It's not a trial do-over and tends to be a rather dry affair. The two sides lawyers present their case before an appellate judge. I don't believe the parties have to be there for it. There is not going to be huge publicity over it either, vs the way the civil trial was nationally televised.
 
ZoriahNZ said:
It's my impression that if AH wants to stop JD from collecting his judgement and investigating her assets for collection before the appeal is processed and decided on, that's when she has to pay the surety/suspension bond (which is $10.35 million and 6% interest per year). Same with JD. The appeal cost itself is apparently only a nominal fee.

I think it makes sense for him to also appeal now that she has indicated her intention to do so, and to pay the suspension bond up front, because it means that $2 million can't be collected on now by her and used against him for the appeal.

So there are two different separate actions to pay for: appealing the verdict + staying the judgment collection.

If that makes sense, and if I am correct about Virginia law?

@squareandrabbet I agree, appeals often take months/years to be heard and answered. It's not a trial do-over and tends to be a rather dry affair. The two sides lawyers present their case before an appellate judge. I don't believe the parties have to be there for it. There is not going to be huge publicity over it either, vs the way the civil trial was nationally televised.
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I’m also pretty sure this is the very cleverest and best chess move Ben Chew, a brilliant man, could design for the situation.
 
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