Posted on 09/07/2014 7:46:43 AM PDT by txgirl4Bush
Attorneys for Chris Kyle's estate are asking a judge to throw out a defamation verdict and $1.8 million award in the late Navy SEAL-turned-author's legal battle against Jesse Ventura — or send the matter back for a new trial.
In court filings Thursday, they argued that the former Minnesota governor didn't meet the high bar of proof for defamation of a public figure. The judge failed to steer the jury away from an erroneous decision, they said, and the award's dollar amount was pulled from thin air.
The Kyle estate is seeking to reverse a verdict issued in July that found the author defamed Ventura in Kyle's best-selling autobiography "American Sniper."
The book claims Kyle punched out a celebrity, dubbed "Scruff Face" but later identified as Ventura, at a Coronado, Calif., bar in 2006 after the man badmouthed fallen soldiers at a war hero's wake.
Ventura said it never happened and sued for defamation. The author was shot to death in 2013 at a Texas gun range; Ventura took the lawsuit to trial against his estate, represented by his widow Taya.
The 10 jurors hit an impasse during deliberations and came to a verdict after lawyers from both sides agreed to accept an 8-2 split decision. Neither side knew at the time where the jury stood.
In Thursday's filings, the Kyle estate argued — as it has before — that the evidence of defamation laid out at trial wasn't strong enough to support the verdict. As a public figure, Ventura had to prove that Kyle's story defamed him, that it was false and that Kyle knew as much or had serious doubts about its veracity.
(Excerpt) Read more at stripes.com ...
Jesse defamed Jesse long ago ..... Hope the judge overturns the Minnesota liberals decision ....
My opinion.
Good. OJ murdered two people, was let slip in the criminal trial, was sued in a civil suit, then the court refused to enforce his payment of damages, as they backed his ridiculous claim to be destitute, and wouldn’t garnish his pensions and/or annuities. Thanks txgirl4Bush.
That phrase is somewhat humorous, given it's Jesse Ventura.
I wasn't in that bar, didn't see the punch, wasn't at the trial, didn't hear or see the evidence and yet I have almost zero doubt the event happened as Kyle said and wrote about.
Why? Because of all of these years of Jesse Ventura being Jesse Ventura.
Everything I've heard or read is fully in keeping with what I've come to expect from Jesse Ventura, including this trial and all he's said since.
Imho, the verdict is an artifact, a remnant, of his cult of personality, not an act of justice.
Even assuming the allegation is true, how is claiming that you punched someone considered a defamation of their character? Doesn’t make any sense to me.
It would be terrible for Jesse if this verdict were thrown out. Where could he find another widow to pick on, one who was worth the time and the lies needed to win?
Well I hope she gets a retrial but in reality Kyles’ widow should be suing her own attorneys for ever agreeing to go with a less than full consensus jury decision. That was really stupid.
But the has-been rassler, goofy governor, 9-11 truther frogman who sues a war hero widow & kids takes the prize!
Local attorney on radio said that Ventura’s case was almost impossible to prove because the standard was so high,and the suit was almost frivolous.
I STILL don’t understand how Chris’ wife is responsible for something HE said.
She is not responsible for her husband's words, but she inherited millions of dollars of royalties from her husband's book which included the jury-determined defamation of Jesse Ventura. I don't have high opinions of Jesse Ventura or Chris Kyle, as both are/were publicity hounds who demonstrated dubious character. I was not present at the alleged incident and was not presented with all of the trial evidence, so I have no basis to disagree with the jury's decision.
Ed
Actually I think the citizens of the United States should be able to sue Obama for defamation of character of our nation.
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