Amber Heard’s estimated $45m loss of earnings due to negative statements made by Johnny Depp and his attorney has been disputed in court, as their ongoing libel battle ends its 21st day.
Depp is suing Heard over an article she wrote in the Washington Post in 2018, in which she claimed to be a victim of domestic abuse – his lawyers say this falsely implies he physically and sexually abused her while they were together.
Heard is countersuing Depp for $100m (£80m) saying she was defamed when he called her a liar.
There was speculation Depp could be called as a witness by Heard’s lawyers but her tea rested their case on Monday without doing so.
British supermodel Kate Moss is also reportedly due to give evidence video link on Wednesday – however, with changing court schedules, she could be dropped as a witness last minute.
Richard Marks, a long-time entertainment lawyer and Hollywood expert, has appeared for the second time as a rebuttal witness to address testimony by Kathryn Arnold, an entertainment industry expert, who gave evidence yesterday.
She claimed Heard had been on a comparable career trajectory to actors such as Jason Momoa, Gal Gadot, Ana de Armas, Zendaya and Chris Pine. However, she claimed the fallout from her ongoing legal battles with her ex-husband had cost Heard up to $45m (about £36m).
Heard’s career ‘not comparable’ to Momoa
Mr Marks told the court he does not agree with Ms Arnold’s opinion that Heard would have earned $45m over the next few years.
Superhero and fantasy films pay the most but actors also take on independent films and “passion projects”, Mr Marks says. It is not likely that Heard would have taken on several film roles similar to Aquaman afterward, he said.
He also said her career is not comparable to that of her Aquaman co-star Jason Momoa, who was already a big star and had appeared in Game Of Thrones.
Momoa he added, played Aquaman rather than a “supporting character like Mera”, Gadot was Wonder Woman and Zendaya goes by one name, he told the court.
It comes as a Warner Bros boss described Heard’s “lack of chemistry” with her co-star.
Walter Hamada, president of DC-based film production, said they appear to have great chemistry in the film – but this “took a lot of effort to get there” in post-production.
Heards team says witness ‘wanted to be on TV’
The court also heard from Morgan Night, who previously owned Hicksville Trailer Park, where the couple stayed in 2013.
Heard had previously told the court that Depp was “taking drugs” and became “enraged” and “jealous” when one of her friends touched her. He threw glasses at Heard, ripped her dress and damaged the cabin they were staying in, she claimed.
Mr Night claimed he never saw Depp get violent and there was minimal damage – excluding one $62 (£39) sconce, which he billed to Depp’s agent’s credit card.
Elaine Bredehoft, one of Heard’s lawyers, said Mr Night contacted a Twitter user called “That Umbrella Guy” who she describes as being “pro-Depp” defending Depp and saying he was with him on the night at Hicksville Trailer Park and it was Heard who was “acting all jealous and crazy”.
She said Mr Night is just here as he wants to be on TV. She also said Mr Night directed a film in 1999 called Matters Of Consequence, and that Depp’s former wife Lori Anne Allison worked on it as a make-up lady. Mr Night confirmed this was correct.
The finger, the surgeon and the trashed wardrobe
The surgeon who operated on Depp’s much-disputed severed finger said Depp would have struggled to grab someone with a cast on his hand – disputing claims from Heard that Depp had been violent with her after his injury.
The pin was in Depp’s finger for about 11 or 12 days, the surgeon told the court, but he said treatment continued after it was removed for several months.
Heard has accused Depp of being violent in LA in March 2015 after their return from Australia, with the court shown photos of damage to Heard’s wardrobe in their LA penthouse.
Depp infamously wounded his finger during a row with Amber Heard while he was staying in Australia to film the fifth Pirates Of The Caribbean film out there – but both sides accuse the other of inflicting the damage.
The case is due to finish with closing statements on Friday.