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Amber Heard Has Filed Another Counterclaim in Her Legal Saga with Johnny Depp, and It’s Against an Insurance Company

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This combination of pictures shows Johnny Depp and Amber Heard at the Fairfax County Circuit Courthouse in Fairfax, Virginia, on May 24, 2022.

Amber Heard is accusing one of her insurance companies of unlawfully abandoning her as she appeals an order that she pay Johnny Depp $10 million for defaming him.

A two-count counterclaim seeking punitive damages, filed Monday in U.S. District Court in Los Angeles, accuses New York Marine and General Insurance Co.’s of breaching its contract with Heard by “refusing to fully and properly defend Ms. Heard in the Depp lawsuit,” including by suggesting it could deny her coverage because she intentionally defamed Depp. It also says the company shirked its responsibility to Heard by currently refusing to agree to cover any money Heard “may be legally obligated to pay in judgment in, or settlement of, the Depplawsuit.”

“New York Marine sold Ms. Heard an insurance policy in which it promised to defend and indemnify Ms. Heard against, among other things, lawsuits alleging that she defamed others. When Ms. Heard was sued by Johnny Depp for defamation, she timely notified New York Marine and asked New York Marine to defend her,” the 13-page counterclaim reads. “While New York Marine promised to do so, it did not provide the full and capable defense to which Ms. Heard was entitled, it failed to pay the attorneys’ fees and costs that it was obligated to pay for Ms. Heard’s defense, and it acted in other ways that prejudiced Ms. Heard and her defense.”

It says the company has left Heard “to incur hundreds of thousands of dollars in defense costs not paid by any insurer.” It also offers a provocative allegation, suggesting that New York Marine may have been out to sabotage Heard’s defense after it in October 2019 reserved its right to deny her coverage because she “behaved intentionally.” Her current attorneys say that created “a conflict of interest with Ms. Heard” and entitled her to new counsel at New York Marine’s expense, but the company refused to comply and instead stuck with Cameron/McEvoy PLLC, based in Fairfax, Virginia, before it withdrew in November 2020.

“New York Marine’s conduct is despicable and has been done with a conscious disregard of Ms. Heard’s rights, constituting oppression, fraud, and/or malice,” according to the counterclaim.

New York Marine’s attorneys at McCormick, Barstow, Sheppard, Wayte & Carruth LLP in Fresno, California, could not be reached for comment on Tuesday.

The counterclaim was filed in a 28-page document with Heard’s answer to New York Marine’s lawsuit against her. That lawsuit seeks a court order that the company is not obligated to pay for Heard’s defense because she did not go to trial with the law firm selected by the company. Both filings reiterate her lawyers’ argument that the litigation is prejudicial to her ongoing appeal of a $10.35 million judgment in Depp’s lawsuit over a December 2018 op-ed Heard wrote for the Washington Post. The op-ed did not specifically name Depp but described abuse a Virginia jury eventually determined was meant to be attributed to Depp.

Heard filed a counterclaim in that case, too, accusing Depp and his lawyers of defamation. Jurors awarded $2 million for defamation by one of Depp’s lawyers, Adam Waldman, over a claim that Heard had lied when describing a fight that ended her marriage with Depp. But the overall June 1 verdict was hailed as a substantial and decisive victory for Depp, as jurors awarded him $10 million in compensatory damage and $5 million in punitive damages. Judge Penney Azcarate of Virginia’s 19th Judicial Circuit reduced Depp’s total to about $10.35 million in accordance with Virginia state law.

The verdict followed a six-week trial that erupted into an Internet sensation as millions flocked to live streams led by the Law&Crime Network. As both Heard and Depp appeal, the new, less-lurid insurance case is a complicated consolidation of two federal lawsuits involving two companies that insured Heard during trial. It began with Travelers Commercial Insurance Co. in July 2021 suing New York Marine, which is part of ProSight Specialty Group, for allegedly failing to pay its legally obligated half of Heard’s defense costs.

New York Marine then sued Travelers and Heard in July 2022 over the attorney issue, saying the lawyers retained by Heard and funded by Travelers “refused to cooperate with Cameron McEvoy and deliberately obstructed and prevented Cameron McEvoy’s active involvement in the defense of the insured.” U.S. District Judge George H. Wu, a 2007 George W. Bush appointee in the Central District of California, consolidated the cases pre-trial at the request of Traveler’s lawyers, who called New York Marine’s claims “provocative” and its theory “aggressive.”

The 13-page answer by Heard’s lawyers at Pasich LLP in Los Angeles is a required part of litigation, filed Monday after Wu granted their request to extend an original Oct. 31 deadline. It responds to New York Marine’s four-claim amended complaint, filed July 11, in standard form, with paragraph-by-paragraph denials accompanied by innocuous admissions such as descriptions of her insurance policy and that the firm on Nov. 2, 2020 “withdrew as one of the counsel representing Ms. Heard in the Depplawsuit.” It also offers the defense that New York Marine’s four claims “fail to state facts sufficient to constitute claims against Ms. Heard” and that the company has “unclean hands” regarding the policy.

Further, it argues New York Marine acted in bad faith and therefore should mean it is “barred from any recovery against Ms. Heard.” This appears to refer to New York Marine’s suggestion that Heard intentionally defamed Depp, yet its insistence that Cameron McEvoy, a boutique firm led by Edward W. Cameronand Timothy J. McEvoy, represent her at trial instead of independent counsel. The firm ended up backing out six months before trial; Heard was ultimately represented by Elaine Bredehoft, Adam Nadelhaft, and Ben Rottenborn of Charlson Bredehoft Cohen Brown & Nadelhaft P.C. in Reston, Virginia.

But Heard’s current Pasich LLP lawyers say before the firm backed out, New Marine “persisted in its position . . . despite requests from Ms. Heard to reconsider.” This made “it impossible for Ms. Heard to fully accept this ‘defense’ led by New York Marine without prejudicing her defense in the Depp lawsuit.” And after Cameron McEvoy withdrew, Heard believed New York Marine was reimbursing Travelers for some of the defense costs but, as Travelers outlines in its lawsuit, the company “has never done so.”

“Thus, at no point has New York Marine fully honored its duty to defend Ms. Heard in the Depp lawsuit,” according to the counterclaim, which includes two claims: breach of contract and tortious breach of the implied covenant of good faith and fair dealing.

Heard’s attorneys, who include Kirk Pasich and Kayla Robinson, have previously argued the federal case is interfering with Heard’s ongoing appeal in the Depp lawsuit in Virginia state court, in which Depp’s lawyers filed a 44-page briefon Nov. 2.

A seven-page scheduling report filed Oct. 31 said the litigation shouldn’t proceed because of the appeal, including depositions scheduled for Nov. 15. It also argued U.S. District Court has no jurisdiction over Heard because she “was not a resident of the United States when New York Marine filed its lawsuit and is not now a resident of the United States.”

But the filing was merely a a joint scheduling report that said New York Marine may soon seek a protective order to halt the depositions, which it said were scheduled for mid-November. As of Nov. 22, nothing has been filed.

Heard is seeking damages “in an amount to be proven at trial” while saying New York Marine’s actions “are inconsistent with the reasonable expectations of Ms. Heard, are contrary to established insurance industry custom and practice, are contrary to legal requirements, are contrary to the express terms of the Policy, and constitute bad faith.” She’s also seeking punitive damages “in an amount sufficient to punish and to make an example of New York Marine and to deter similar conduct in the future.”

A status conference in the case is scheduled Dec. 1 via telephone before Judge Wu in Los Angeles. A joint status report is due Nov. 29.

Read the full filing here.

(Images: Both photos via Jim Watson/Pool/AFP via Getty Images.)

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Johnny Depp Wished to Write ‘Pirates 6’ With Disney to Give Jack Sparrow a Correct Goodbye

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Jack Sparrow is one of the most beloved characters, and many think that Pirates of the Caribbean 6 won’t be the same without Depp.

Johnny Depp reveals that he wanted to help write Pirates of the Caribbean 6 to give Jack Sparrow a proper ending before Disney fired the actor over the domestic abuse allegations.

Depp during the  defamation trial against Amber Heard  was asked if would return to the Pirates franchise after being hacked.

To this, the Fantastic Beasts actor replied that he won’t, even if he is offered $300 million. It was reported that the actor has earned that much by playing the role of the pirate in the first five films. His firing was criticised by fans and even more so now, as fans believe he is innocent.

I didn’t quite understand how after that long relationship and quite a successful relationship, certainly for Disney, that suddenly I was guilty until proven innocent…” Johnny Depp said. “I, in fact, had been approached to take part in writing Pirates 6…” he revealed. “My feeling was that these characters should be able to have their proper goodbye, as it were,” Depp added.

“A franchise can only last for so long, and there’s a way to end a franchise like that. And I thought that the characters deserved… to end their franchise on a very good note. I planned on continuing until it was time to stop,” he continued.

Not just Pirates of the Caribbean 6, Johnny Depp‘s role as Geralt Grindelwald in the Fantastic Beasts franchise was also sacked and went to Mads Mikkelsen. His general career in Hollywood also took a dip, especially after 2018 op-ed written by Amber Heard.

Now, as per the insider, Disney wants Johnny Depp to return as Jack Sparrow in ‘Pirates of the Caribbean 6’.

Disney is reportedly in talks with Johnny Depp to return to the Pirates of the Caribbean franchise as Captain Jack Sparrow.

The entertainment media giant has even offered $300 million to the Edward Scissorhands star as they are looking forward to the actor’s forgiveness, claimed insider.

Jack Sparrow is one of the most beloved characters, and many think that Pirates of the Caribbean 6 won’t be the same without him.

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Johnny Depp Once Did a Movie He Felt Wouldn’t Be Successful Just to Work With Christopher Walken

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Johnny Depp | Gisela Schober/Getty Pictures

Nick of Time was a 1995 characteristic starring Johnny Depp as an unwitting pawn in a plan to assassinate a distinguished political determine. His Nick of Time function was a little unconventional for Depp given the films he often picked on the time. Depp was principally recognized for taking part in characters that stood out from most individuals in society ultimately. However Nick of Time had Depp taking part in the straight man.

In a 1995 interview with The Washington Submit, Depp asserted that he took the function with this status in thoughts.

“I favored the script,” Depp mentioned. “I believed it was a good time to make a change. I figured I’d do one thing else after being accused by everyone of taking part in weirdos. It was a possibility to play the straight man. It’s actually a problem to do this — you’ve acquired to hold the man attention-grabbing. It’s harder.”

Johnny Depp as soon as shared he solely did ‘Nick of Time’ so he’d get to work with Christopher Walken

Years later, Depp elaborated a bit additional about why he determined to tackle the function. Regardless of his status for taking part in bizarre characters, the actor didn’t need to add films to his prolific filmography the place he felt like he’d bought out. Which was why he was hesitant on taking extra commercially interesting tasks. Nick of Time was the exception.

“I’ve tried issues up to now the place folks thought I attempted to promote out. For instance I did this movie Nick of Time with [director]John Badham. I don’t know if the movie was notably good,” he as soon as mentioned in an interview with Gainesville.

However Depp was keen to brush apart his reservations for the movie if it meant performing alongside one in every of Hollywood’s biggest actors.

“I did that movie not for cash, or not to promote out. I didn’t suppose it was going to achieve success in any respect. I didn’t care. I did it as a result of I needed to work with Christopher Walken and I needed to work with John Badham. The script was very very like an old style Hitchcock movie. All of these parts had been intriguing to me so I took it,” Depp mentioned.

How Johnny Depp responded to followers accusing him of promoting out with ‘Pirates of the Caribbean’

Within the early 2000s, Depp hooked up himself to the Pirates of the Caribbeanfranchise. He would quickly lead the Disney journey movie into changing into a multi-billion greenback collection. However equally to Nick of Time, some Depp followers would additionally accuse Depp of promoting out due to its huge success. It was an accusation that Depp didn’t respect.

“I wouldn’t change something, no. As a result of I feel I went into it innocently, and it grew to become what it grew to become,” Depp as soon as instructed The Guardian of his determination to do Pirates. “And now they need to tear me down. Immediately, as quickly as I did Pirates II, they are saying: ‘Oh, he’s promoting out.’ What the f*** does that imply, promoting out? What if I did Ed Wooden II, is that promoting out? I imply, it’s not like I used to be ever wanting to develop into franchise boy, I used to be by no means wanting to develop into something like that. I simply latched on to a character I cherished.”

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Johnny Depp Increases Trouble For Amber Heard As He Now Aims At Turning Around The $2 Million Damages Ordered Against Him?

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Johnny Depp and his lawyers fire back at Amber Heard’s latest appeal at the court against the verdict in Virginia court. Read the details now!

Johnny Depp has been embroiled in a legal battle ever since ex-wife Amber Heard accused him of domestic violence. While there remain numerous pieces of evidence that may prove his abuse, many of them have been questioned and even termed fabricated. During the latest trial, he was ordered to pay $2 million in damages after his attorney called the allegations a ‘hoax.’ Scroll below for the latest update on the matter.

As most know, Amber lost the Virginia trial and was ordered to pay damages worth $10.35 million to her ex-husband. She has since then sold her California property and is currently living peacefully in Spain with her baby and girlfriend Bianca Butti. It is said that she doesn’t have that kind of money and may go bankrupt!

Amber Heard has appealed the verdict of the Virginia trial saying the trial shouldn’t have taken place in the first place as the Aquaman actress’ opinions in The Washington Post op-ed were subjective. Her attorneys also claimed that the trial taking place at Fairfax County was unfair to her as it limited her ability to get witnesses to testify for her.

Now, the attorneys of Johnny Depp are firing back at the appeal made by Amber Heard. They claimed that the one account on which the actress was declared victorious was not really related to Depp. It was his attorney who made the remark against the actress and the superstar should be held liable for it.

A report by The Hollywood Reporter claims that the documents stated, “If clients cannot control the details of their attorneys’ work, it makes little sense that clients should nonetheless be held accountable for their attorneys’ tortious actions.”

With Johnny Depp and his lawyer claiming that the superstar should not be at fault, it is now to be seen if the verdict will see a turnover and create further issues forAmber Heard.

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