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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNunes, Depp lawsuits in Virginia seen as threats to free speech and press
https://www.richmond.com/washingtonpost/uncategorized/nunes-depp-lawsuits-in-virginia-seen-as-threats-to-free/article_b6462f86-0070-58e4-b822-d22432f1419c.html?utm_source=NEWS%20-%20RTD%20Afternoon%20Update&utm_medium=email&utm_campaign=RichmondTimesDispatch&utm_content=_RTD%20Afternoon%20UpdateRep. Devin Nunes of California was angered by a story in his hometown newspaper detailing a claim that investors in a winery he partly owns partied with cocaine and prostitutes. So the Republican decided to sue - in rural Virginia.
Nunes bypassed the courthouse less than two miles from one of his offices and 10 blocks from The Fresno Bee to file the $150 million defamation claim against its owner 2,600 miles away. He also chose the Old Dominion to file two other recent defamation suits, one naming San Francisco-based Twitter and an anonymous user who has mocked him in the voice of an imaginary cow.
Likewise, actor Johnny Depp sued his ex-wife Amber Heard for $50 million in a northern Virginia courthouse, claiming he was defamed in an opinion article in The Washington Post in which she called for support for domestic violence victims such as herself. Both Depp and Heard live in California. Heard, who came to at least one hearing in the case, said in court filings that she had never previously set foot in the state.
The suits are part of a string of splashy defamation claims by politicians and the A-list star seeking nearly $1 billion in damages in Virginia courts this year, even though many of the cases have only loose connections to the state.The plaintiffs argue that their names have been smeared and that the venues are appropriate, but several of the defendants - including Twitter and Heard - say the filing location is aimed at exploiting the state's weak protections for defamation defendants. Some legal experts say Virginia law allows those with deep pockets to bulldoze targets with frivolous, protracted and expensive litigation they couldn't pursue in many other states. The true goals of the suits, the defendants argue, are to stifle critics, blunt aggressive journalism and settle scores. Some deride the legal maneuvers as "libel tourism" and see a growing trend not just in Virginia but in other states that similarly lack safeguards. The suits have prompted Virginia lawmakers to look at changing the law.
dalton99a
(81,516 posts)California's anti-SLAPP law allows defendants to file a special motion at the outset of litigation if they feel the lawsuit is without merit and aimed at chilling First Amendment rights on a topic of public interest. If a judge sides with the defendant, the plaintiff is required to pay the defendant's legal fees.
Virginia has an anti-SLAPP law, but there is no special motion provision and defendants are not guaranteed legal fees if a case is dismissed. The practical effect, experts say, is that cases can drag on until the sides begin to exchange evidence and a case goes to trial. That can mean months - or even years - of legal wrangling and hefty legal bills.
bronxiteforever
(9,287 posts)RainCaster
(10,884 posts)Part of the beauty of our system is the variety of courts available.
Mersky
(4,982 posts)Last edited Mon Dec 23, 2019, 03:39 PM - Edit history (1)
Bullying lawsuits by more wealthy/prominent individuals take a toll on the targets of the suit. Attempts at changing venues to prefer the bully plaintiff are a real headache, even within the same state.
I have been shocked as to what a psychopath with a bulldozer, an anomalous title policy for a right of way, and flawed deed language can get away against my own family members in recent years in Texas. While this matter involved a real estate dispute amongst acrimonious neighbors, and is squarely a state law issue, I can attest to what a hardship it was to fight a bizarre attempt at a change of venue. It ate up time, money, and mental health of everyone that contributed to the fight against it. Life is hard enough without this stress.
It grosses me out that nunes is paired with Depp in these legal maneuvers, and Ill leave it at that with regards to Depp - I dont know the details, and wont seek them out til I get thru the holiday week.