Judge Rejects Amber Heard's Motion to Toss Out Johnny Depp's Defamation Case

A judge rejected Amber Heard's move to dismiss her ex-husband Johnny Depp's defamation suit against her, stemming from an op-ed published in 2018.

By Steven Vargas May 03, 2022 10:11 PMTags
Watch: 5 SHOCKING Moments From Johnny Depp & Amber Heard Trial

Johnny Depp's defamation trial against ex-wife Amber Heard will continue.

A judge denied Heard's request to dismiss the defamation trial, in which Depp is suing Heard for allegedly ruining his reputation by "choosing to lie about him for her own personal benefit," Depp's lawyers argued in opening statements on April 12. 

"We are pleased at Chief Judge Azcarate's ruling to continue with the trial after [Heard's attorney] Mr. Rottenborn failed to convince the court that there was reason to dismiss the case," a spokesperson for Depp told E! News in a statement on May 3. "We stand confident in the future of the case and for the truth to be continued to be shared."

On May 3, Benjamin Rotternborn argued that there was no "clear and convincing evidence" on Depp's part, explaining that he "can't meet his burden of proof" for the trial. Rotternborn continued, "He [Depp] can't prove Ms. Heard acted with actual malice," CourtTV reported.

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Viral Moments From Johnny Depp and Amber Heard's Defamation Trial

In 2018, Heard wrote an op-ed for The Washington Post titled "Amber Heard: I spoke up against sexual violence—and faced our culture's wrath. That has to change." Although Heard did not name Depp in the article, he accused her of defamation of character for detailing alleged domestic abuse in the op-ed, which he describes as an "elaborate hoax." 

Depp is arguing that the op-ed cost him a $22.5 million deal for a sixth Pirates of the Caribbean film and a loss of $40 million total since the article's publication, his spokesperson told E! News.

According to court documents, Depp seeks to prove that three aspects of the piece are defamatory: the headline's reference to "sexual violence," the paragraph in which Heard describes herself as "a public figure representing domestic abuse" and the paragraph in which she mentions "institutions [that] protect men accused of abuse."

STEVE HELBER/POOL/AFP via Getty Images

Heard filed a $100 million countersuit against Depp in 2020, alleging that he "unlawfully targeted" her and defamed her in statements calling her allegations a "hoax."

Rotternborn argued that the headline was not written by Heard and that the statements in the piece are not disputable because of a video showing Depp being verbally abusive towards Heard. Depp's attorney, Ben Chew, argued that Depp's losses prove defamation and that Heard, in fact, physically abused the Charlie and the Chocolate Factory actor.

Azcarate denied the dismissal of the statements within the piece, but has yet to rule whether to dismiss or continue trial for the claim regarding the headline, explaining more evidence is needed, per Variety.

Since the beginning of trial, followers have been shocked by the many revelations have emerged about Heard and Depp's marriage from 2015 to 2017. While the broadcast trial continues, E! News will continue to keep track on trial updates.

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