The Lawsuits Thread

Discuss the latest Johnny Depp news, his career, past and future projects, and other related issues.
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Judymac
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Re: The Lawsuits Thread

Unread post by Judymac » Fri May 08, 2020 6:32 pm

meeps wrote:
Fri May 08, 2020 3:16 pm
Yes, it does sound complicated, but thanks a billion for explaining :airkiss2:
:daisyforyou

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Fri May 08, 2020 7:59 pm

Sorry, I mean no disrespect but I disagree that Amber does not want to testify for The Sun. This is her last chance to save her "reputation" even though she is done in Hollywood. Her lawyers tried to get Johnny to lift the NDA some time ago so that she could testify. She has not been subpoenaed to testify, that I know of, so if she didn't want to do it she doesn't have to appear.

Someone on Twitter who works in Hollywood said she heard from different sources that AH was fired from Aquaman, so now, more than ever she needs to stay relevant.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Fri May 08, 2020 8:17 pm

Judymac wrote:
Fri May 08, 2020 10:51 am
meeps wrote:
Fri May 08, 2020 3:18 am
JUDYMAC: The reason why I say "might" is that pleading the fifth is not supposed to be taken as an admission of guilt of a crime.

ME: OK, I only know about "taking the fifth" from movies, but there they usually say something like "I decline to answer because it could incriminate myself"
Is that a movie invention?
Because if it isn't I would say that it is sort of admission of guilt. Or what :love: ?
No, it is not a movie invention, it is true. It's hard to explain but I will try. In American criminal law, a defendant is presumed to be innocent until proven guilty in court. Just because a person takes the fifth does not automatically make them guilty. The judge will actually tell jurors that just because someone refused to testify that it is not an admission of guilt. A judge tells a jury to weigh all of the facts before deciding if a defendant is guilty. It is supposed to be a protection against innocent people being convicted of a crime. I do not know of any innocent person who would take the fifth. I am sure it sounds strange but it is the way American law works.
Hey Judymac, I posted this before and here is a reminder.
Inference to be drawn

While in a criminal procedure, the court must instruct the jury that it cannot draw an inference of guilt from a defendant’s failure to testify about facts relevant to his case, (Griffin v. California (1965) 80 U.S. 609). In civil cases, “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” (Baxter v. Palmigiano (1976) 425 U.S. 308, 318.)
So in a Civil Trial, if AH pleads the 5th to any question, the jury CAN assume anything, including that she is lying or guilting of whatever they are asking.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Fri May 08, 2020 8:29 pm

As a reminder, here is the response filing Johnny did in The Sun Case. This was an amended response
https://dam.tmz.com/document/db/o/2018/ ... fc5f89.pdf

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Fri May 08, 2020 8:45 pm

Frankly, I don't think the VA case will ever go to trial. If she refuses to file the Answer she goes into default. " Except in suits for divorce or annulling a marriage, the court shall, on motion of the plaintiff, enter judgment for the relief appearing to the court to be due." Now..of course we know she doesn't have $50 Mil and she's done in Hollywood so even if Johnny really wanted her money he could go after future earnings from the little things she is doing but I doubt he would and he's not going to leave her homeless but in the end her lies and all the things he could have come out with in the press will have been exposed through a court of law.

Of course, this is only my opinion but from what I can see it's her only way out.


Rule 3:http://www.courts.state.va.us/courts/sc ... nges.pdf19. Default.

(a) Failure Timely to Respond. — A defendant who fails timely to file a responsive pleading
as prescribed in Rule 3:8 is in default. A defendant in default is not entitled to notice of any further
proceedings in the case, including notice to take depositions, except that written notice of any further
proceedings shall be given to counsel of record, if any. The defendant in default is deemed to have
waived any right to trial of issues by jury.
11
(b) Relief from Default. — Prior to the entry of judgment, for good cause shown the court may
grant leave to a defendant who is in default to file a late responsive pleading. Relief from default
may be conditioned by the court upon such defendant reimbursing any extra costs and fees, including
attorney's fees, incurred by the plaintiff solely as a result of the delay in the filing of a responsive
pleading by the defendant.
(c) Default Judgment and Damages. —
(1) Except in suits for divorce or annulling a marriage, the court shall, on motion of
the plaintiff, enter judgment for the relief appearing to the court to be due.
When service of
process is effected by posting, no judgment by default shall be entered until the requirements
of Code § 8.01-296(2)(b) have been satisfied.
(2) If the relief demanded is unliquidated damages, the court shall hear evidence and
fix the amount thereof, unless the plaintiff demands trial by jury, in which event, a jury shall
be impaneled to fix the amount of damages.
(3) If a defendant participates in the hearing to determine the amount of damages such
defendant may not offer proof or argument on the issues of liability, but may (i) object to the
plaintiff's evidence regarding damages, (ii) offer evidence regarding the quantum of damages,
(iii) participate in jury selection if a jury will hear the damage inquiry, (iv) submit proposed
jury instructions regarding damages, and (v) make oral argument on the issues of damages.
(d) Relief from Default Judgment. —
(1) Within 21 Days. — During the period provided by Rule 1:1 for the modification,
vacation or suspension of a judgment, the court may by written order relieve a defendant of a
default judgment after consideration of the extent and causes of the defendant's delay in
tendering a responsive pleading, whether service of process and actual notice of the claim
were timely provided to the defendant, and the effect of the delay upon the plaintiff. Relief
from default may be conditioned by the court upon the defendant reimbursing any extra costs
and fees, including attorney's fees, incurred by the plaintiff solely as a result of the delay in
the filing of a responsive pleading by the defendant.
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(2) After 21 Days. — A final judgment no longer within the jurisdiction of the trial
court under Rule 1:1 may not be vacated by that court except as provided in Virginia Code §§
8.01-428 and 8.01-623.
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myfave
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Re: The Lawsuits Thread

Unread post by myfave » Fri May 08, 2020 9:28 pm

MaryS wrote:
Fri May 08, 2020 5:31 pm
Well there may not be too much movement on the lawsuit front.
But there are reports that Heard has been fired from Aquaman.
And this time for real.
We will see.

Heard's flying monkeys are out in full force.
So there might be some truth.
Flying monkeys! :santahoho: Love that!
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Re: The Lawsuits Thread

Unread post by meeps » Sat May 09, 2020 3:01 am

ForeverYoung - are you, and the law, saying, that Johnny can sort of win the VA case by default if she doesn't answer?
If I have understood that correctly I am not sure, that I would like that outcome.
That would, in my eyes, make it all too easy for her fans and the media on her side to make a martyr out of her, claiming that she is so afraid of the big bad monster - our actually sweet Johnny - that she didn't dare face him in open court ...

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Re: The Lawsuits Thread

Unread post by gipsyblues » Sat May 09, 2020 5:19 am

meeps wrote:
Sat May 09, 2020 3:01 am
ForeverYoung - are you, and the law, saying, that Johnny can sort of win the VA case by default if she doesn't answer?
If I have understood that correctly I am not sure, that I would like that outcome.
That would, in my eyes, make it all too easy for her fans and the media on her side to make a martyr out of her, claiming that she is so afraid of the big bad monster - our actually sweet Johnny - that she didn't dare face him in open court ...
I agree , that she shouldn't be a martyr, but three years in prison with her devilish helpers. For all the criminal acts she's done to Johnny in last years.

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Re: The Lawsuits Thread

Unread post by AdeleAgain » Sat May 09, 2020 5:51 am

ForeverYoung wrote:
Fri May 08, 2020 7:59 pm
Sorry, I mean no disrespect but I disagree that Amber does not want to testify for The Sun. This is her last chance to save her "reputation" even though she is done in Hollywood. Her lawyers tried to get Johnny to lift the NDA some time ago so that she could testify. She has not been subpoenaed to testify, that I know of, so if she didn't want to do it she doesn't have to appear.

Someone on Twitter who works in Hollywood said she heard from different sources that AH was fired from Aquaman, so now, more than ever she needs to stay relevant.

ForeverYoung we will have to agree to disagree and if she turns up in court I will owe you a large, virtual drink! Which I will happily buy for you.

Although she desperately needs to save herself, answering questions under oath is not going to do that. The difference between now and 2016 is that JD's side have a lengthy testimony plus all her other stories to hold up against four years of building evidence to the contrary. Any decent lawyer will advise her to continue what she is doing and avoid court at all costs. I also think she will pull some excuse and blame Johnny for the Sun case ("he wouldn't lift the NDA, I couldn't speak freely') and ignore the VA case and claim she was too traumatised to face him.

My only chink of doubt is that she has incredible arrogance so she may believe she can talk her way out of it, from everything we've heard of her speaking on tape she certainly seems to think that people should accept her version of events as facts.

But overall I just think if she and her hoaxers were willing to face court they would have long since sat and done their depositions - indeed they don't need to wait for Johnny's side. Why doesn't iO just do a witness statement like Johnny's witnesses have? As I said, that way he could get his message into he public domain without anyone accusing him of playing the media. Hmmmm now why wouldn't her side be doing that I wonder????

MaryS
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Re: The Lawsuits Thread

Unread post by MaryS » Sat May 09, 2020 6:45 am

ForeverYoung for someone to save their reputation, they had to have a good one to start with.
Heard both in her professional and personal life never had a good one.
And the public now and then never warmed to her.
Her taking the stand in the UK is going to compound the fact she's a liar and golddigger.
Yep, if she takes the stand, it's because she's under duress from The Sun.
Because she sure has no reputation to save.

But I do agree with you this isn't going to trial in the US.
But it does hinge on the reply.
Let's see if they reply. And how they do that without perjurying themselves further.

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Re: The Lawsuits Thread

Unread post by MaryS » Sat May 09, 2020 8:26 am

Yep, Heard is desperate. She's trying to resurface the *edited* video of Johnny and the cabinets.
Let's see Heard, nope, Johnny did NOT abuse in that video.
Indeed, you were gaslighting him.

So what does this mean? I think she's trying to get a few PR shots at him before she confesses.
And yeah, I doubt she's going to reply to the complaint.
We will see.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Sat May 09, 2020 11:08 am

I think AH has allot of pressure from her lawyers to participate in The Sun trial. Up until end of 2019 they believed her, who knows what they believe now. I mean, come on, she’s been in the activist podium tour, and now she is shy.

So first it was I can’t testify unless Johnny lifts the entire NDA agreement, which she knew Johnny would never do, and he didn’t, But the U.K. judge accepted that Johnny would allow her to testify to matters relating to this lawsuit, oops

IMO, There was some negotiations behind the scene for months, because it took forever to get her to publicly agree to testify. Speculating, she has a deal I think that the Sun won’t countersue her if they lose. That’s reasonable but still a guess on my part. This is pretty common between lawyers to negotiate some kind of immunity for important witnesses (and Sun has stated she is their key witness)

But I think the big tell was the last minute new claim of a sexual abuse issue. In U.K. she should automatically get a private testimony order on that alone, and I think she counted in that. I think her UK lawyer who is a huge human rights lawyer convinced her this would happen. So she figures what can go wrong, just a judge and lawyers and no one can report in it. Here testimony remains secret whichever way it goes. The public knows I went through this terrible ordeal for justice, as a victim I had to relive it all. But oops, the judge is only allowing that small portion of her testimony in private, not her entire testimony,

For that reason, I think she will do everything possible to get out of it. But based on what’s happened so far, the judge will compel her as he did with he other witnesses.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sat May 09, 2020 11:29 am

gipsyblues wrote:
Sat May 09, 2020 5:19 am
meeps wrote:
Sat May 09, 2020 3:01 am
ForeverYoung - are you, and the law, saying, that Johnny can sort of win the VA case by default if she doesn't answer?
If I have understood that correctly I am not sure, that I would like that outcome.
That would, in my eyes, make it all too easy for her fans and the media on her side to make a martyr out of her, claiming that she is so afraid of the big bad monster - our actually sweet Johnny - that she didn't dare face him in open court ...
I agree , that she shouldn't be a martyr, but three years in prison with her devilish helpers. For all the criminal acts she's done to Johnny in last years.
The way I read it, yes Johnny could win and yes, her fans might do what you said but most people will see is that she refused to admit that she lied and took the coward's way out. W will see what happens.

As for the perjury charges, the State would have to do that and there is no guarantee they will.
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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sat May 09, 2020 11:46 am

I think it is important to remember that, in most cases, lawyers do not have to believe their clients. Unless you have a situation like Johnny and Adam, most lawyers just want to win the case. They may ACT like they believe their clients but it really makes no difference to most of them either way. Witnesses can't be sued if they are not a party to case if the case loses so I don't think there was any backdoor negotiations except deals that she flies on private jets, five star hotels, etc. Back in 2016 she told Johnny she didn't want to settle the divorce quietly because she felt she had a reputation to save. Maybe she still feels the same way now even though she is done in Hollywood and there are many rumors she is fired from Aquaman which means she has plenty of time on her hands.

That's the way I see it anyway but of course, I could be wrong. For all we know, she could be being blackmailed into testifying. We may never know.
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Re: The Lawsuits Thread

Unread post by Snowcat » Sat May 09, 2020 12:10 pm

meeps wrote:
Sat May 09, 2020 3:01 am
ForeverYoung - are you, and the law, saying, that Johnny can sort of win the VA case by default if she doesn't answer?
If I have understood that correctly I am not sure, that I would like that outcome.
That would, in my eyes, make it all too easy for her fans and the media on her side to make a martyr out of her, claiming that she is so afraid of the big bad monster - our actually sweet Johnny - that she didn't dare face him in open court ...
This makes me recall her appearance at ComiCon, where Johnny also appeared in his Grindelwald persona.
If she was SO afraid of "the big bad monster" in a courtroom, which is surrounded by super tight security (there are few places with tighter security than a courthouse and AH should feel safe there for that reason), she would also not have appeared at that convention. Many victims of abuse will avoid any place where they think they might run into someone who they are afraid might kill them and they often will insist, will kill them, their fear is that great. I am guessing that someone did inform her that he would be at the convention, yet we see photos and footage of her clearly enjoying herself and not being the least bit nervous. Very unlike a true victim!
He said, "Wow, Very Nice!", and signed my painting. TIFF 2015.