Johnny Depp vs. Amber Heard defamation

                  Johnny Depp has been a superstar actor for nearly 4 decades. From his jump to stardom on the police drama 21 Jump Street, to his breakout box office role in Edward Scissorhands, to the uber popular 6 Pirates of the Caribbean movies, you undoubtedly know who Johnny Depp is.  Several years ago, on the tv and internet, there was no shortage of clips of Johnny Depp’s defamation trial with Amber Heard.

Johnny Depp first met Amber Heard while filming The Rum Diary, an unheralded comedic thriller. They married on Depp’s private island in the Bahamas, called Little Hall’s Pond Cay, on February 7, 2015. Following only 15 months of marital bliss, Amber Heard officially filed for divorce on May 23, 2016, citing irreconcilable differences. In her petition for divorce, heard requested temporary spousal support of $50,000 per month during the pendency of the divorce. The court denied her request, stating Heard had her own income as a successful actress. Generally, a court will not award spousal support or alimony (in Missouri called” maintenance”) for a marriage of limited duration like 15 months.

                  Several days after she filed for divorce, a temporary restraining order Heard had filed was granted against Depp. In court documents, Heard alleged Johnny Depp had committed domestic abuse against her several times during their marriage including a recent instance in which Depp was alleged to have struck her in face with a cell phone. In Missouri, restraining orders are referred to as "orders of protection."  It is very common for new male clients to inform our office their ex has filed an order of protection against them. Sometimes the orders of protection are legitimate and necessary, unfortunately in other instances women file for orders of protection under false pretences for the sole purpose of harassing or punishing the man.

The Depp-Heard divorce was settled and finalized on Friday the 13^th in January of 2017, and the restraining order was dropped.  Although the parties did not sign a prenuptial agreement, Depp gave Heard 7 million dollars and she got to keep the dogs, pistol and Boo. 7 million dollars for a 15-month marriage is an extraordinarily great outcome for Amber Heard. For short marriages, ie. less than two years, typically the parties simply walk away with the assets and debts they brought to the marriage.

The trial we saw footage of on TV and the internet was not Heard and Depp’s divorce trial, because their divorce was settled so there was no trial. What we saw was Johnny Depp’s defamation lawsuit against Amber Heard, and Heard’s countersuit for defamation against Depp. The trial was live-streamed on the Law and Crime network.

                  In 2020, Johnny Depp sued the London-based News Group Newspapers (publishers of the tabloid magazine The Sun) over an article alleging Depp had committed domestic violence against Heard in 14 incidents. The English Court sided with Heard, finding that article was substantially true because 12 of the 14 incidents likely occurred, and dismissed the lawsuit.

Donnie Brasco doesn’t give up easily, however.  On March 1st, 2019, Depp brought a 50-million-dollar defamation lawsuit against Heard in Virginia in response to a Washington Post article she co-authored claiming she was a victim of sexual and physical violence.  The Fairfax County, Virginia Court was selected because the Washington Post was based there. Heard countersued Depp for 100 million dollars for defamation based on Depp’s attorney’s (Adam Waldman) statement that Heard’s claims against Depp were a, “hoax.”

One key piece of testimony during the trial came from psychologist Laurel Anderson, Heard and Depp’s former marriage counsellor. Under oath in Court, Dr. Anderson described the relationship as volatile with both parties having threatened to walk out of counselling sessions when emotions ran high. The counsellor went on to say that Heard often started fights to prevent Depp from leaving, and that the couple engaged in mutual abuse.

Another mental health professional provided further testimony favoring Depp. Forensic psychologist Dr. Shannon Curry, who spent 12 hours evaluating Heard and her medical history in December of 2021, diagnosed Heard with borderline personality disorder and histrionic personality disorder. Heard called her own expert whose testimony refuted Dr. Curry’s testimony.

When Johnny Depp was on the stand, he rejected all claims of abuse and claims he never hit Amber Heard, and for that matter had never hit any woman in his life. To the contrary, Depp claimed Heard had a need for conflict and assaulted him numerous times. In what was a key piece of evidence played for the jury, Depp had recorded Heard admitting that she hit him, and then stating, “I’m sorry I hurt you…I can get wicked when I’m hurt.”

The jury ultimately sided with Captain Jack Sparrow, ordering Heard to pay Depp $10 million in compensatory damages and $5 million in punitive damages. However, per Viriginia state law, the punitive damage award was later reduced to $350,000.  In determining Heard was liable for punitive damages, the jury concluded that Heard acted with actual malice.  In defamation cases, the United States Supreme Court has ruled that malice is present when the party knew the allegations were false when they made them or exhibited a reckless disregard for the truth.

In her counterclaim, based on the statements of Depp’s lawyer, Heard was awarded $2 million.  The net result of all of the litigation was that Depp was awarded $8.35 million. Weeks after the trial, one of the jurors from the case appeared on Good Morning America. The juror said he believed both Depp and Heard were abusive toward one another, but that Heard’s lawyers did not prove Depp’s abuse was physical in nature.  Further, the juror did not find Heard’s testimony credible because it seemed like she was easily able to switch her emotions on and off, while Depp seemed calmer and more “real” in his testimony. 

                  Heard never paid Depp the $8.35 million. Following the verdict both sides appealed the judgments. Prior to Heard’s Washington Post article, she had taken out several home owner’s insurance policies which included insurance coverage for defamation. In the end, both parties settled their appeals and Heard’s insurance policy paid Depp $1 million, which he donated to charity.  Depp’s goal is his defamation suit was never about receiving a monetary judgment from Heard.  Depp felt his reputation had been ruined by Heard, and alleged her defamatory comments caused Depp to be fired from the Pirates of the Caribbean series. In the end, his lawsuit appears to have been effective, because the 6 weeks of the trial were must see tv for many viewers. It’s fairly common knowledge Johnny Depp was victorious in the legal proceedings and this likely vindicated his reputation.

                  The Men’s Center for Domestic Resolution is a family law firm located in Cass County focused on helping men through divorce, child custody and other family law matters. We also represent men in all of east-central Missouri including Lee’s Summit, Blue Springs, Independence, Warrensburg and Grandview.  Attorney Robert Davis at the Men’s Center for Domestic Resolution is Kansas City’s Men’s Rights lawyer.