The Lawsuits Thread

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Mon Apr 20, 2020 11:12 am

So lots going on here with this audio which completely disputes claims she has made on record regarding Australia. In her filings in VA and probably in her written witness testimony for the UK. Oh what to do.

As we know, this week Kaplan must file the formal answer to Johnny's initial complaint. Adam has dropped a bomb (or someone did) with this audio recording and Kaplan has a big decision to make. Her career is now on the line, and Adam may have given her an exit strategy????

From https://www.vsb.org/pro-guidelines/inde ... e/rule3-3/:

Misleading Legal Argument
[4] Legal argument based on a knowingly false representation of law constitutes dishonesty toward the tribunal. Furthermore, the complexity of law often makes it difficult for a tribunal to be fully informed unless pertinent law is presented by the lawyers in the cause. A tribunal that is fully informed on the applicable law is better able to make a fair and accurate determination of the matter before it. The underlying concept is that legal argument is a discussion seeking to determine the legal premises properly applicable to the case. A lawyer is not required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities. Furthermore, as stated in paragraph (a)(3), an advocate has a duty to disclose controlling adverse authority in the subject jurisdiction which has not been disclosed by the opposing party.

False Evidence
[5] When evidence that a lawyer knows to be false is provided by a person who is not the client, the lawyer must refuse to offer it regardless of the client's wishes.

[6] When false evidence is offered by the client, however, a conflict may arise between the lawyer's duty to keep the client's revelations confidential and the duty of candor to the court. If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce evidence that is false, the lawyer should seek to persuade the client that the evidence should not be offered or, if it has been offered, that its false character should immediately be disclosed. If the persuasion is ineffective, the lawyer must take reasonable remedial measures.


[7] ABA Model Rule Comment not adopted.

[8] The prohibition against offering false evidence only applies if the lawyer knows the evidence is false. A lawyer’s reasonable belief or suspicion that evidence is false does not preclude its presentation to the trier of fact. A lawyer should resolve doubts about the veracity of testimony or other evidence in favor of the client, but the lawyer cannot ignore an obvious falsehood.

[9] Although paragraph (a)(4) only prohibits a lawyer from offering evidence the lawyer knows to be false, it permits the lawyer to refuse to offer testimony or other proof that the lawyer reasonably believes is false. Offering such proof may reflect adversely on the lawyer’s ability to discriminate in the quality of evidence and thus impair the lawyer’s effectiveness as an advocate. Because of the special protections historically provided criminal defendants, however, this Rule does not permit a lawyer to refuse to offer the testimony of such a client where the lawyer reasonably believes but does not know that the testimony will be false. Unless the lawyer knows the testimony will be false, the lawyer must honor the client’s decision to testify.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Mon Apr 20, 2020 1:42 pm

Roberta Kaplan must have her hands full right now representing plaintiffs in a class action lawsuit against Donald Trump, The Trump Corp. and members of his family. Representing Amber Heard is a loosing battle for Kaplan and I can't imagine how many times Amber must have gone psycho on her.

**Link about Trump lawsuit removed -- details of that lawsuit are not pertinent to this thread.
~Joni
“Growing old is unavoidable, but never growing up is possible."

justintime
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Re: The Lawsuits Thread

Unread post by justintime » Mon Apr 20, 2020 5:25 pm

Thank you, Lbock, for that excellent link as well as your excerpts of particularly pertinent paragraphs.

Does AH count as a “criminal accused”, a “criminal defendant”, both or neither . . . yet? My mind is spinning like a top with all the potential unsavory directions this case could go for AH at this point, and even worse should Kaplan decide she still may have a salvageable career if she were to jump ship sooner rather than later.

One thing Kaplan might take with her going forward: doing your homework before entering the classroom includes taking the time to get to know your client and the opposition. Kaplan has absolutely no one to blame but her arrogant, nasty self for falling victim to her own clients’s well-honed sociopathic narcissism.

I agree with your conclusion: “Her career is now on the line, and Adam may have given her an exit strategy????.” The timing of the release of this audio tape is a lifeline. Hopefully, it comes at the cost of AH ‘s freedom.
"Stay low." ~ JD
"I don't like it in here . . . it's terribly crowded." ~ Hatter
"There's something about Johnny that breaks your heart." ~ John Logan, ST
"Tear deeper, Mother." ~ Wilmot

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ShauniS
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Re: The Lawsuits Thread

Unread post by ShauniS » Mon Apr 20, 2020 5:40 pm

meeps wrote:
Sat Apr 18, 2020 7:16 am
ForeverYoung wrote:
Fri Apr 17, 2020 10:55 pm
I say good...let Amber go on the stand and commit perjury and violate the NDA. Sure, the Judge is allowing her to testify but her violating the NDA is not his business, imo. It's almost like the spider saying to the fly "come into my web..."
Yeah, Johnny and Waldman are giving Ms. Heard enough rope to hang herself - figuratively speaking, of course. And she, not being the sharpest spoon in the drawer, (yes, I do mean spoon since nobody would ever take her for a knife :bigwink: ) has taken all nine yards and run with it practically winning Johnny's case for him, so he can just follow Jack's suggestion; sit down, have a drink and make bets :)
Your incites......so perfect! Typical narcissist who still thinks she's controlling the narrative.

Where's the popcorn?? :harhar:
"I am attracted to the extreme light and the extreme dark. I'm interested in the human condition and what makes people tick. I'm interested in the things people try to hide." --JD :flashingheart:

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Mon Apr 20, 2020 5:54 pm

justintime wrote:
Mon Apr 20, 2020 5:25 pm
Thank you, Lbock, for that excellent link as well as your excerpts of particularly pertinent paragraphs.

Does AH count as a “criminal accused”, a “criminal defendant”, both or neither . . . yet? My mind is spinning like a top with all the potential unsavory directions this case could go for AH at this point, and even worse should Kaplan decide she still may have a salvageable career if she were to jump ship sooner rather than later.

One thing Kaplan might take with her going forward: doing your homework before entering the classroom includes taking the time to get to know your client and the opposition. Kaplan has absolutely no one to blame but her arrogant, nasty self for falling victim to her own clients’s well-honed sociopathic narcissism.

I agree with your conclusion: “Her career is now on the line, and Adam may have given her an exit strategy????.” The timing of the release of this audio tape is a lifeline. Hopefully, it comes at the cost of AH ‘s freedom.
https://core.ac.uk/download/pdf/46713857.pdf

Heaven Help the Lawyer for a Civil Liar Steven H. Goldberg
Elisabeth Haub School of Law at Pace University, sgoldberg@law.pace.edu

Heaven help the lawyer for a civil liar-no one else will. And do not waste your time worrying about criminal defense lawyers with lying clients. Their problems with client perjury are almost over.

It used to be the other way around. The civil trial lawyer could look to the American Bar Association's 1983 Model Rules of Professional Conduct (Model Rules) for clear instruction. Model Rule 3.3, Candor Toward the Tribunal,' and specifically, subsection 3.3(a)(4) prohibited the civil trial lawyer from offering evidence the lawyer knew to be false and required the lawyer to take reasonable remedial measures upon discovery that one of the lawyer's witnesses committed pejury. If no other remedy would nullify the effect of the pejury, the lawyer was required to reveal confidential informa- tion otherwise protected by Model Rule 1.6....

...the Opinion advises all lawyers - civil and criminal - who know that their clients will lie to the jury, to "disclose the client's intention to testify falsely to the tribunal "unless they can withdraw from the representation or prohibit the prospective lie. It advises lawyers whose clients have already committed pejury to "persuade the client to rectify the perjury [or] disclose the client's perjury to the tribunal.""

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meeps
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Re: The Lawsuits Thread

Unread post by meeps » Tue Apr 21, 2020 2:36 am

Thanks, ShauniS :bouquet:

AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Tue Apr 21, 2020 3:18 am

Honestly some of you should be lawyers - Lbock you are excellent!

I hope you are right, I wish Kaplan would listen to you but I fear that AH can't/won't stop and will take another opportunity to throw more dirt at JD, never mind that she will be contradicting her own testimony and she is widely disbelieved.

Grace Randolph did a piece on YouTube about whether she should be sacked as Mera - it was a bit hit and miss because unfortunately she has somehow imbued so much of the tabloid crap, much of it now disproven and also got it completely wrong about JD's comicon appearance (although she relentlessly goes on in every piece about JD about how brilliant he was in MOTOE but I am digressing!) - BUT she made a very, very pertinent point. AH is now so loathed and criticised that WB could not have her at a fan meet-and-great - which for that type of film is absolutely critical. Even if you hand selected an audience, people would shout out criticisms and ask her awkward questions.

Anyway, I guess this week we should know whether they are ploughing on. I think AH is like a dangerous, wounded animal. And this period of lockdown will not suit her personality at all.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Tue Apr 21, 2020 9:26 am

Based on Brian’s latest video I am convinced Amber secretly recorded Johnny and others quite a bit. I think she became enraged not when Johnny split from her in an argument, but split the recording reach of the area they were in. I think she instigated fights (that she was recording) so they would escalate playing on Johnny’s history with a temper hoping to get him to harm her. She always planned a big payout from him. He was a means to an end, money and fame. Why else would you from the beginning refer to your beau as your “old man” or your “fat old man” “your washed up fat old man”. I am now fully convinced, He was her Mark from the beginning.

And in that belief I think she provided him with whatever drugs she could to get him hooked. She must have been traveling with a pharmacy based on what she admitted she was taking. From the day they began a relationship, she brought the party girl and isolated him from his friends and family. Get him high, get him drunk, get him mad, hope he gets violent. (On the one recording it was so casual she walked over and handed him a Xanax,”here yours has probably worn off”)

And if I’m right, the most important thing here is if she had anything we would have seen in in the 2016 divorce and all we got was makeup bruising and a heavily edited kitchen video. Brian even said she had submitted this latest Australia audio as her evidence in 2016, edited and with a misleading transcript. I think she hoped the transcript would scare Johnny as he wouldn’t recall all that happened.

She tells Jerry she just tried to have a reasonable conversation with him but as usual it escalates to a fight. I think this is key, that she indeed instigate a conversation over the postnup (recording device taped and going) intending for it to escalate to a screaming match, and hopefully more and what did he do.....he walked away (from the recording area) to the basement to get away from her for them both to calm down and he had some drinks.

That is what enraged her. She had it all planned and he walked away. Again and again

I’m not sure about her plans with Elon. It’s possible that went back further than we know. And he returned to his wife and Johnny was second best, an easy target in the interim and used her woe is me to woo Elon back. Right after returning from Australia from the fight, Elon is at the condo.

As far as the $7M. She was being sued by London Fields for more than $10M. She knew she was due a divorce settlement from Johnny but how to protect that from London Fields (they had her dead to rights). I think her financial manager recommended a charitable remainder trust. She put it in there to keep it from London Fields, on paper it appears she made a donation, in reality she can draw payouts from that account up to the earned investment dividends. Those would get paid to the charities, (thus the LA Hospital reporting last year her donation of cash for $100k-$499, a far cry from the 3.4 Million she promised). After a set time that AH assigned the trust, any remaining balance, if there was one, would then go to the charity. I also think this is why ACLU and the Hospital never made a big public thank you to her donations - they never got them but in small amounts.

I think the demand letter also shows what her plans were. (I mean who asks for a multi million condo for their friends in a divorce settlement). The audio with Johnny on the telephone call to work with the mediator to settle. That he shouldn’t have answered the lawsuit (just pay up basically). Laura W had her dead to rights-she was using her claim because wanted a premature Financial settlement. She was using her public claims to get all that she demanded and IO mentioned she should receive near $26M too.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Tue Apr 21, 2020 1:04 pm

In that audio from Australia Jerry said Amber knew what she was doing but I'm not so sure about that. If she really knew what she was doing she would not have said "I didn't mean to hurt him" and would have told Jerry or anyone else there that she had been physically and sexually abused so that she would have it on record. Her feet and other parts of her body would be bloody and nobody mentioned that on the audio. She would have been in a lot of pain from all those cuts and asking for bandages and such. She also told Jerry that there was coke all over the place in the bedroom but then said Johnny always hid it from her.

I wasn't sure who she was talking to when Dr. Kipper and the nurse were looking for the tip of Johnny's finger. Was she talking to Jerry?
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Tue Apr 21, 2020 1:18 pm

ForeverYoung and Lbock I actually agree with both of you. I think she both planned to use JD for fame and fortune and tried to plot and secretly record; she also did a lot of stuff in a completely incompetent way. I like the phrase Brian uses a lot - ill-planned or poorly planned hoaxes. If someone if very arrogant and don't have the usual person's levels of self doubt, they presumably think they can just say whatever they like. She clearly planned things - and she clearly did it poorly eg calling the police out in May 2015 which presumably was meant to just have on record that they attended a domestic violence call. But no one had researched that those responding officers would be obliged to come in and check things out. She said she had injuries at various points but didn't both to ensure she stayed out of sight. I mean claiming serious battering and then going on national television - come on. Trouble is when you make up lies, you have to keep adjusting the story, dates, times etc when inconvenient facts emerge.

I think you are so right Lbock - she clearly filmed and recorded - and recently even sent out a private detective to dig dirt. But the only bad things that have actually come out about him are things that he already owns and admits too.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Tue Apr 21, 2020 1:28 pm

She didn’t plan to cut his finger off and she was high. I think she responded in shock. Went upstairs for the coke to “clear her head” and get back in her game

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meeps
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Re: The Lawsuits Thread

Unread post by meeps » Tue Apr 21, 2020 2:27 pm

So bumbling idiot or criminal mastermind?
Or a woman who hadn't heard, that all the best plan changes beyond recognition once one meets the enemy :-/

That last sentence is actually very sad. If she had behaving lovingly as she should Johnny would never have been her enemy. Quite the opposite!

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Re: The Lawsuits Thread

Unread post by Scout » Tue Apr 21, 2020 3:22 pm

Thank you LBock for your insights as these tapes and court documents continue to shed light on life behind closed doors for Johnny. The various pieces of the puzzle are coming together now. I think you put together the evidence very well. AH was baiting him and audio and even video taping his reactions to her cruelty and toxic manipulations. She knew she had good looks - but she didin't know she was a sociopath. She thought she was just clever. I wish dear Jerry were still here to testify in person for Johnny. I am also very appreciative for the efforts of Brian.

May all be well in the end.

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Re: The Lawsuits Thread

Unread post by ShauniS » Tue Apr 21, 2020 5:51 pm

So I went back today and re-read the Rolling Stones article from June 2018 and a couple of things really stood out. (It was enlightening to read it again after all of this new 'evidence' has come to light and we know so much more now)

I remember reading the first time and really feeling so, so sad for Johnny. It was as if everyone he had ever trusted had either betrayed him, left him, or passed away. Even his own family had used him and basically stole from him.

One quote from the author at the end of his visit was this: "I want to go home, but feel reluctant to leave. One of the most famous actors in the world is now smoking dope with a writer and his lawyer while his cook makes dinner and his bodyguards watch television. There is no one around him who isn't getting paid."

OMG.....How tragically sad. I mean, honestly my heart broke. :sad: :tear:

Johnny and Amber's entire relationship is 'textbook' in my opinion: I think he just really wants to love......and wants someone to love him for who he really IS. In my opinion, it goes all the way back to his childhood and comments he's made about being a 'fixer'. He feels a kinship with those who are broken and wants to help them. Amber, in turn, feeds off of other people's insecurities and their need for love by manipulating and controlling them. Trying to keep him intoxicated was part of her game. Also, keeping him away from those who really cared about it him is classic for serial abusers. Christi apparently didn't approve of the union (What sister would?!)....and Amber clearly tried to even come between him and Jerry by manipulation. She DEFINITELY targeted Johnny and played the game. Unfortunately, it broke him.
"I am attracted to the extreme light and the extreme dark. I'm interested in the human condition and what makes people tick. I'm interested in the things people try to hide." --JD :flashingheart:

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Chocolat
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Re: The Lawsuits Thread

Unread post by Chocolat » Tue Apr 21, 2020 5:56 pm

Superb research and comments from everyone! :thanks!:

My thoughts:
I believe Jerry's judgement with regard to Amber knowing what she was doing all along. He had been watching her and his instincts were spot on with anything pertaining as a threat to Johnny because his trained expertise knew no other way. I think what he meant was that she was a seasoned conniver and worked every angle she knew in order to paint Johnny in a sinister light. The problem with her explanation boils down to that she was on a bucket load of drugs which had elevated her paranoia and clouded her thought process. Amber needed to maintain her charade but the facts show that she was too high and traumatized by what she had just done to Johnny to convey more than what was happening at the moment. Why she fumbled the truth is a result of the drugs and remembering her own lies in a state of frenzy. It was a chaotic scene for everyone there and it's obvious that all Amber was concerned with was how she was to be believed that it wasn't her fault, coupled with the realization that in a flash, her fame, fortune and celebrity status had just exploded. We could hear her fluctuating between distress and manipulation. One tell tale sign of maintaining her innocence was how she tried to convince Jerry about the two baggies of cocaine residue and it belonging to Johnny. She emphasized her lie, by what I believe to be a red flag in manipulation.....she instructs him with, "Let me explain this to you". She even tired to secure his trust with "sticking up for him" when, as she claims, he was on the brink of being fired. Jerry was not stupid and saw right through her sly misdirection. For that reason she insisted on someone else to fly to the states with her. Amber wouldn't be able to put one over on Jerry in any situation and he was her biggest threat within Johnny's circle.
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Through the years, for the many xoxo's, giggles & kindness...
thank you & love you Johnny.