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Heard’s attorney Ben Rottenborn then argued why the countersuit should be allowed to remain. He said at one point, “There’s no basis to grant a motion to strike on this agency argument, on this actual malice argument. The evidence shows that not only was Mr. Waldman Mr. Depp’s agent, but that the two of them conspired to falsely accuse Amber of creating a hoax and falsify evidence that they believe supported their theory and what they wanted to achieve.”
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“Consequently, there is more than a scintilla of evidence that a reasonable juror may infer Mr. Waldman made the counterclaim statements while realizing they were false or with a reckless disregard for their truth. It is not my role to measure the veracity or weight of the evidence,” said Azcarate, adding, “Actual malice is a question for the fact-finder.”
Earlier in the trial, Heard’s team tried to motion for Depp’s case against her to be dismissed;Azcarate also denied that.
Back in November 2020, Depplost his highly publicized U.K. libel lawsuit caseagainst British tabloidThe Sunfor calling him a “wife-beater.” The court upheld the outlet’s claims as being “substantially true” and Heard testified to back up the claims. In March 2021, Depp’s attempt tooverturn the decision was overruled.
Depp originally filed this Virginia case in March 2019. Heard previously asked to dismiss Depp’s Virginia lawsuit, arguing that the U.K. judgment should hold sway on the proceedings in the U.S. since both lawsuits center on allegations of Depp as an abuser. In August, however, Azcarate grantedDepp the right to pursue his lawsuit, denying Heard’s supplemental plea to dismiss the case.
ThePirates of the Caribbeanactor has testified that his “goal is the truth” as he seeks to clear his name in the trial, which is being televised live via various outlets. He has said multiple times under oath that he has never struck Heard or any woman. Because of Heard’s allegations, Depp said he lost “nothing short of everything.”
Heard has testified, “I wanted to clear my name. That’s all I have. … All I have is my name. I come from nothing. All I have is my integrity. All I have is my name — and that’sexactly what he promised to takefrom me.”
source: people.com
