Why Didn’t Johnny Depp Sue Amber Heard for Breaching Her NDA?

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A source close to Depp’s side said that he had a number of legal paths available to him, but declined to speculate on why he chose to sue for defamation, rather than for breaching the settlement.

have taken turns revealing every detail of their four-year relationship, including serious allegations of bloody violence and sexual assault, as well as merely lurid accounts of screaming fights, promiscuous drug use, and bowel movements. Heard will retake the stand on Monday as she seeks to persuade the jury that Depp physically abused her. The trial will last until early June.

In the agreement, Depp and Heard promised not to make any “derogatory, disparaging, critical or accusatory statements, either directly or indirectly, express or implied” about each other.Dec. 18, 2018 op-ed in the Washington Post , noted that Depp would be able to recover a higher damages award for defamation than for breach of the contract. Depp is seeking $50 million — claiming that he lost out on a sixth “Pirates of the Caribbean” film because of the op-ed. Berlik also suggested that the op-ed might have been vague enough so as not to breach the agreement.

Heard’s side declined to comment for this story. But her lawyers have stressed during the trial that she relied on legal advice when she published the op-ed. That advice would have involved considerations of both defamation and breach of the settlement agreement, and she would have been prepared to defend herself either way.

But the non-disparagement language is quite broad, covering even “implied” negative statements. By situating her experience in the context of the #MeToo movement, Heard arguably would have been accusing Depp all over again. A Virginia judge, Bruce White, ruled in 2020 that the op-ed implied a potentially defamatory meaning — namely, that Depp abused Heard — even though it did not explicitly say that, and it’s possible to imagine an arbitrator reaching the same conclusion in a claim for breach.

 

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So? He want‘s justice and rightfully so!

Really, ?

just the fact that from now on he'll be checking his sheets every night before going to bed... 🤦‍♂️

JusticeForJohhnyDepp

If he wins the defamation case he may be Captain of the Black Pearl once again

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