Court overturns verdict in Ventura defamation case

Minneapolis Star Tribune ^ | 6/13/2016 | Randy Furst

[simpson96]

The U.S. Eighth Circuit Court of Appeals Monday overruled the jury that awarded $1.8 million to former Minnesota Gov. Jesse Ventura in a 2014 defamation case.

Ventura won the award against the estate of former Navy SEAL Chris Kyle, whose memoir “American Sniper” described an altercation between him and Ventura that the former governor said did not happen. Kyle’s widow, Taya Kyle, appealed the jury’s verdict, which came after a three-week federal trial in St. Paul in July 2014.

In a 2 to 1 decision, the appeals court threw out the $1.35 million awarded to Ventura for “unjust enrichment.” It ordered the district court to conduct a new trial on the $500,000 defamation judgment in favor of Ventura.

The decision was written by William J. Riley, chief judge of the 8th Circuit, joined by Circuit Judge Bobby E. Shepherd.

In a partial dissent, Circuit Judge Lavenski Smith concurred with the majority’s decision to reverse the unjust enrichment award, but disagreed with the majority’s decision to vacate and remand the defamation judgment for a new trial.

The 2014 verdict was the product of a rare split decision. After six days of deliberations the 10-member jury deadlocked and U.S. District Judge Richard Kyle won agreement from the attorneys on both sides to allow members to vote. The verdict was 8-2 in favor of Ventura. The estate appealed, arguing that the judge had erred in his instructions to the jury.

[Lurking Libertarian]

So, is the retrial on the issue of liability also or just on the issue of damages?

Ventura made two claims-- one for libel, and one for "unjust enrichment" (on the theory that Kyle profited by writing a book about Ventura). The jury awarded half a million for libel and another million and a half for unjust enrichment.

The Court of Appeals threw out the entire unjust enrichment claim, because an author doesn't owe money to someone just because the author mentions them in a book. That claim cannot be re-tried.

The Court of Appeals also threw out the libel verdict, because Ventura's lawyer improperly argued to the jury that they shouldn't worry about awarding damages against Kyle because any damages award would be covered by insurance. (That's improper argument in any case, and especially here, where there wasn't even any evidence that Kyle had insurance.) The libel claim was sent back for a new trial.

[gnickgnack2]

JV was ‘The Body’ - not ‘The Hulk.’

also known as Governor Turnbuckle or Governor Thin Skin.

[circlecity]

Sounds like a home run. The trial court giveth and the appeals court taketh away.

[SunkenCiv]

Thanks!

[minnesota_bound]

Jesse can now go after the widow and the kids again. I bet he is happy.

[Valin]

I recall the flames wars here, when he became Governor, some of us tried to warn people about this guy. Ah Yes Vox Populi!

[usconservative]

If Ventura was a decent person would have announced long ago that he was taking a $1 settlement, and waiving the rest.

He should've dropped the case completely, rather than pursue the issue against a widow and her children.

Ventura's the lowest form of slime I can think of because of that. Glad this was overturned. Hope he has a massive brain aneurysm and dies.

[7MMmag]

>>>Good! Open-borders a-hole!<<<

Let's keep it open long enough for him to make it into Northern Mexico.

He can go to hell, or Mexico. His choice. We can call him Jesse "Hobson" Ventura.

If I'm getting it right, in the course of the trial it was established (through witness, for whatever those are worth) James George Janos, AKA "Jesse Ventura";

• was in a bar with Special Forces types

• talked smack about U.S. Armed Forces in Iraq, something like "they deserved to die" etc.

• Was hit by someone there (in the bar) although it not established who hit Ventura

• According to at least one witness, Ventura WAS at one point on the floor, having been knocked down.

• Ventura claims it didn't happen, even though witnesses, during course of the trial did establish a few key facts, lacking only establishing that it was Chris Kyle who one-punch knocked Ventura down.

So run along to Mehico, Janos.

We no longer serve your kind here. Maybe the mobsters in Mexico will think you are 'funny'. You can be like their little monkey, and dance and prance around for their amusement. Don't forget your feather boa.