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Old 06-13-2016, 02:18 PM
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Default Appeals court rejects $1.8M award to Jesse Ventura in 'American Sniper' case

Appeals court rejects $1.8M award to Jesse Ventura in 'American Sniper' case | Fox News

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A federal appeals court on Monday threw out $1.8 million in damages awarded to former Minnesota Gov. Jesse Ventura, who said he was defamed by the late author Chris Kyle in the bestselling book "American Sniper."

The 8th U.S. Circuit Court of Appeals also sent a portion of the case -- Ventura's defamation claim -- back to the district court for a new trial, saying Ventura's attorneys made improper remarks and the trial court "clearly abused its discretion in denying a new trial."

Messages left with Ventura, his publicist and his attorney were not immediately returned Monday. An attorney for Kyle's estate had no comment and referred questions to publisher HarperCollins, which said it was reviewing the opinion and had no comment at this time.

Kyle is a former SEAL regarded as the deadliest sniper in U.S. military history with 160 confirmed kills. In his book "American Sniper," he wrote a subchapter called "Punching Out Scruff Face" in which he describes decking Ventura at a California bar in 2006 after Ventura made offensive comments about SEALs, including that the SEALs "deserve to lose a few" in Iraq.

Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, sued. He testified at trial that he never made the statements and that the confrontation never happened. He also said the book ruined his reputation in the tight-knit SEAL community.

Kyle, who was killed on a shooting range in 2013 by a troubled fellow veteran, gave sworn videotaped testimony before his death that his story was true. The case proceeded against his estate.

In 2014, a jury awarded Ventura $500,000 for defamation and $1.3 million for unjust enrichment. Kyle's widow, Taya Kyle, appealed, asking that the verdict be thrown out or that a new trial be ordered on First Amendment and other grounds. Ventura's lawyers, however, argued that jury got the verdict right.

In Monday's ruling, a three-judge appellate panel reversed the unjust-enrichment award, saying the theory of unjust-enrichment "enjoys no legal support under Minnesota law" and fails as a matter of law.

The majority of the judges also vacated the defamation award and sent that portion of the case back to court for a new trial.

The majority found that Ventura's attorneys improperly let the jury hear that publisher HarperCollins had an insurance policy to cover a defamation award and attorney fees. The majority said those comments prevented Kyle's estate from receiving a fair trial and that Ventura's attorneys deliberately referenced a "deep-pocket insurer" to try to influence the jury and enhance damages.

"From our review, these unsupported, improper, and prejudicial statements were not heat of the moment argument, but were strategic and calculated," the judges wrote.

The judges also wrote: "Ventura's counsel's closing remarks, in combination with the improper cross-examination of two witnesses about Kyle's insurance coverage, prevented Kyle from receiving a fair trial."

Judge Lavenski Smith dissented, saying Ventura's attorneys mentioned insurance coverage only after Taya Kyle testified she'd be responsible for damages. He noted that Ventura's attorneys argued Taya Kyle should not be allowed to "plead poverty if an insurance company is going to pick up the tab."

Smith said any error in allowing Ventura's counsel to ask about insurance was harmless and non-prejudicial. He also found that the $500,000 award for defamation was not excessive.

The hit movie based on Kyle's book did not depict the alleged incident.
Poor jesse the jerk will lose this time around, and if that is so should have to pay all court and attorney fees.
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Old 06-13-2016, 03:20 PM
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Default Re: Appeals court rejects $1.8M award to Jesse Ventura in 'American Sniper' case

Jessie is an unmitigated asshat.


It's about time the court got this one right.
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Old 06-13-2016, 05:44 PM
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Default Court overturns verdict in Ventura defamation case

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Court overturns verdict in Ventura defamation case

Appeals court throws out $1.8M judgment and orders new trial on defamation claim.

By Randy Furst Star Tribune JUNE 13, 2016 — 2:18PM

The U.S. Eighth Circuit Court of Appeals Monday overturned a jury’s decision to award $1.8 million to former Minnesota Gov. Jesse Ventura in a 2014 defamation case.

Appeals court overturns verdict in Ventura defamation case - StarTribune.com

GOOD!
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Old 06-13-2016, 05:44 PM
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Default Re: Appeals court rejects $1.8M award to Jesse Ventura in 'American Sniper' case

He is an asshat because Kyle lied about him? How does that work? HE has every right to an award and he will get one. If you read the story it ain't over. They just didn't think the jury should have known the publisher had insurance in case Kyle was the liar he turned out to be.
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Old 06-13-2016, 07:09 PM
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Default Re: Court overturns verdict in Ventura defamation case


Keep posting up the good news Cindy! Your making my day!

Poster of the week is yours, and it is Monday!

Regards, Kirk
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Old 06-13-2016, 08:40 PM
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Default Re: Court overturns verdict in Ventura defamation case

Did you not read it? Technicality about the money with minn law also about jury knowing about insurance. It is not the evidence that is in question. That is solid.Kyle butt lied to enrich himself while defaming someone's character. Of course lawyers r going to try to get the money instead of have it awarded. Thats their job. It will remain as decided, but now jessie has to disrupt his life again and go back through the whole process because two judges were lazy. So be it. He will still win. The evidence has not changed.
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Old 06-13-2016, 09:29 PM
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Default Re: Court overturns verdict in Ventura defamation case

Very good. Ventura is scum. Suing a widow because you got your ass beat in a bar is despicable.

Next time Jesse won't be so fast to run his mouth around real heroes.
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Old 06-13-2016, 09:34 PM
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Default Re: Court overturns verdict in Ventura defamation case

It's sad that many on the Left believe that idiot Ventura rather than an American Hero, Chris Kyle.
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Old 06-13-2016, 09:38 PM
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Default Re: Court overturns verdict in Ventura defamation case

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Originally Posted by CindyB View Post
It's sad that many on the Left believe that idiot Ventura rather than an American Hero, Chris Kyle.
Yeah. There's some on the left that respect the military but most blindly go along with the liberal rhetoric and do what they can to demonize our men and women in uniform.
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Old 06-13-2016, 10:39 PM
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Default Re: Court overturns verdict in Ventura defamation case

Quote:
Originally Posted by CindyB View Post
It's sad that many on the Left believe that idiot Ventura rather than an American Hero, Chris Kyle.

Chris Kyle.
The guy who claimed to be shooting looters post-Katrina?
The 'American Sniper's' preposterous post-Katrina New Orleans story: Jarvis DeBerry | NOLA.com
Or this...
http://www.politicalwrinkles.com/ope...ents-show.html

Being a hero doesn't make everything that comes out of your mouth the truth.
The discussion on Ventura and Kyle has been hashed out in other threads.
The reasoning for the courts overturning the verdict don't revolve around Kyle being truthful about his account.


Quote:
Originally Posted by Hairy Jello
There's some on the left that respect the military...
Knock this juvenile crap off.
Having respect for the military, as a whole, and thinking one particular member lied about some of his accounts are two entirely separate issues.

It would be just as ridiculousto accuse the right of attacking the military when they go after Bergdahl.


Quote:
Originally Posted by saltwn View Post
Did you not read it? Technicality about the money with minn law also about jury knowing about insurance. It is not the evidence that is in question. That is solid.Kyle butt lied to enrich himself while defaming someone's character. Of course lawyers r going to try to get the money instead of have it awarded. Thats their job. It will remain as decided, but now jessie has to disrupt his life again and go back through the whole process because two judges were lazy. So be it. He will still win. The evidence has not changed.
Exactly!
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