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Rachel Puryear posted: " By Rachel Puryear In the wake of a court victory for Johnny Depp against his ex-wife Amber Heard - one which raised First Amendment concerns from many legal experts, including my own; many now wonder if the verdict spells doom for the #MeToo movement," Free Range Life
In the wake of a court victory for Johnny Depp against his ex-wife Amber Heard - one which raised First Amendment concerns from many legal experts, including my own; many now wonder if the verdict spells doom for the #MeToo movement, and whether it will chill speech of ordinary survivors everywhere.
In short, not so fast.
The concerns are understandable, and indeed these events go to show how unpredictable litigated proceedings can be (as well as the impact of stardom). But this was no ordinary case, and does not necessarily indicate how other lawsuits will play out - if those lawsuits even occur.
Here's why:
Piece of torn white paper on red background with the text - "#metoo".
This Case Does Not Set a Precedent - Juries Don't Make Law
You may have heard that outcomes of trials produce future case law. There is some truth to that - however, precedents come from published cases only. Published cases are those which were appealed and decided in higher-level courts by judges - not juries - and then selected for publication. Juries decide facts only, and cannot make binding laws.
The findings of Depp v. Heard do not create any authority over future cases - it's not a published case, nor is it eligible for publication.
There's a Reason Depp Brought the Case in Virginia - It Has an Unusually Weak Anti-SLAPP Statute:
A Strategic Lawsuit Against Public Participation - also known as a SLAPP suit - is one brought in order to stop a defendant from saying things that the plaintiff doesn't want them saying.
Many plaintiffs who bring SLAPP lawsuits don't even expect to win, as the case typically lacks legal merit. Instead, the goal is to make it so expensive and cumbersome for the defendant to fight the lawsuit that they retract their statements - even if they were acting lawfully in the first place - because they cannot afford to continue the lawsuit.
In most states, laws exist to discourage SLAPP lawsuits - these are called anti-SLAPP statutes. These statutes can include provisions for the initial defendant to sue the person who brought the SLAPP lawsuit in the first place, and seek damages - also known as "SLAPP-back" laws.
Neither Depp nor Heard lives in Virginia, and the state does not have special significance for this case. However, it was an attractive venue for Depp, as he would not have been able to bring a lawsuit or succeed nearly as far in most other states - due to most other states having stronger anti-SLAPP protections than Virginia.
Depp's lawyers were nonetheless allowed to bring the case in this venue, because a Virginia paper had published Heard's op-ed which gave rise to the lawsuit - despite it being a weak argument for venue in Virginia. Appropriate venues are generally where either the plaintiff or the defendant lives, or where (the most of) the events underlying the lawsuit took place.
Accordingly, the same suit that Depp brought in Virginia could not be brought in most other states - or at least it wouldn't get far.
The suit would have been dismissed early on elsewhere because the op-ed giving rise to the suit was too vague and unlikely to support the very high burden of proof required for a celebrity defamation claim - as well as the existence of plenty of evidence to support mutual abuse, which defeats a defamation claim about abuse.
In law, pursuing a venue that's more strategically favorable to a party, despite it not being the logically appropriate venue; is known as "forum shopping". Judges are supposed to see through that, and not allow it.
That's what happened here, and it's another reason why this case is unusual.
A Trial Televised Live is Very Unusual, Especially With This Subject Matter
Most trials are not televised at all. What's even more unusual is televising live a case involving allegations of domestic violence and sexual assault. Good reasons to not do so should be quite apparent.
This judge should not have allowed cameras at all where the parties did not both agree to it. In every family court I have ever been in (quite a few, as a professional mediator), cameras and recording of any kind were strictly prohibited. I also have yet to meet a survivor in real life who would want cameras on them telling their story, if it wasn't necessary.
This case was televised live, and involved two prominent celebrities, plus a sensitive and controversial subject matter.
Furthermore, this jury was not sequestered, even though such prominent cases often are - to prevent the jury from being influenced by outside pressures. The judge should have known that this jury should be sequestered, due to its sensational nature.
Accordingly, few other cases involving this type of proceeding are subjected to the kind of intense social media follow-along and commentary that this one was.
However, cameras in the courtroom will, thankfully, not be the norm for most people bringing these kinds of allegations in the future. Legal proceedings will usually not be subject to the outside influence and pressures of the entire world.
It Costs a Lot of Money to Bring a Suit Like This
Only anyone who's ever been involved in litigated proceedings, either personally or professionally, realizes how insanely expensive a civil trial is. It's financially out of reach for most other people, regardless of merits.
Depp could easily afford this lawsuit, but most other people cannot. So an uptick in such suits is unlikely.
Frankly, for what it's worth, I think both parties came away from the trial looking pretty bad. Even having watched small clips of the trial, it's pretty clear they both have abusive and troubled personalities, and behaved badly during their relationship; and in my opinion, neither deserves much in the way of money, or public sympathy.
That said, I do think Depp's first lawyer was rightfully held liable. Members of the bar are held to a higher standard, and the states's Bar Association could discipline him - but we'll see.
Interestingly, rock singer Marilyn Manson - who is a close buddy of Johnny Depp's - is also now pursuing defamation proceedings against actress Evan Rachel Wood. This follows Wood speaking out and saying that the singer sexually assaulted and abused her during their former relationship. Several other women have also separately accused Manson of similar crimes, though, which greatly helps Wood corroborate her defense against defamation claims. Wood has publicly stated that she's not scared.
Accordingly, this lawsuit should not stop anyone from pursuing justice if they've been abused or assaulted. It's always scary and humiliating to do so no matter what, unfortunately, - and justice in such matters still doesn't happen nearly as much as it should.
But we cannot let abusers and predators get away with it, because of the outcome of one celebrity trial in which the judge botched their job multiple times.
Thank you, dear readers, for reading, following, and sharing. Here's to fairer trials.
Got a question you'd like to see addressed on this blog? Submit your question to me here - and if you don't already, please request to subscribe to the Free Range Life newsletter while you're there!
roguewatson posted: "A review copy of "The Weird Deck of Many Wyrds" was provided by the publisher. Find more DMs Guild Reviews on my website and YouTube channel. Support my work by using my affiliate links and pledging via Patreon. https://youtu.be/HO4u6qi0Uuc Designed by" RogueWatson
In one what may be a first for my DMs Guild Reviews, The Weird Deck of Many Wyrds is a magic item supplement that features only a single magic item! But it's a doozy.
Inspired by the Deck of Many Things, this Weird Deck contains 26-cards of absolute chaos in all the best ways. Read more of this post
nancyrubin posted: " Customer loyalty is becoming more important to marketing strategies. For some businesses, customer loyalty is the main driver of success and other means of differentiation in their market. Also, it's imperative in today's competitive market. Whether runn" nancyrubin
Customer loyalty is becoming more important to marketing strategies. For some businesses, customer loyalty is the main driver of success and other means of differentiation in their market. Also, it's imperative in today's competitive market. Whether running a retail store, taking care of your customer service needs, or even managing a business with cash flow, it's crucial to keep your customers happy and to come back for more. Here are five strategies to help you boost customer loyalty.
1. Improve Customer Service
Customer service is a good way to determine how successful your brand is. You can do this by providing quality service or even a great price. It is a very effective way to increase customer loyalty because you're showing your customers you care about them by providing them with the services they need. They'll be more likely to become loyal to your brand by using your products and services and eventually purchasing them again. Also another way to keep your customers happy is to ensure that your customer service department is staffed by employees that understand the importance of treating customers well. You also want to keep an eye on how many complaints you receive from your customers and improve things as necessary. If you care about the customer and show it, you'll have greater profits and happier customers.
2. Offer Rewards to Your Customers
Offering customers rewards is an excellent way to keep them returning for more since everyone loves a good reward. After all, what's better than spending money on something and being rewarded later? It's a great way to keep your customers returning and boost their loyalty. Finding a reward system that will work best for your business is important. You can offer discounts or free products in exchange for points. It's also a good idea to send out emails about your rewards program or send messages to your loyal customers.
3. Use Mystery Shopping
So, what is mystery shopping? Mystery shopping is a form of market research, it is a method used to collect information about a business or specific service. It's typically used for businesses that sell goods or services to the public. Mystery shopping programs are usually managed by third-party companies that specialize in this type of market research. For example, you could purchase goods from a company and then submit a report on how excellent you believe their customer service was during your transaction and how quickly the goods were delivered. This type of report could be used to help improve the business and its employees. It's easy to improve customer loyalty by knowing what needs to be done to keep customers happy.
4. Have an Online Presence
There are many ways that you can have an online presence to helpboost customer loyalty. An online presence can help you stay in contact with your customers and let them know what's happening in your business. Also, it can make it easier for customers to contact your business and complain if something is wrong. You also want to ensure that you're posting the information your customer will find important, like special offers, events, and new products if applicable. Also, ensure you're using social media to your advantage to get more attention and share more information with your customers.
5. Make Smart Purchases
Another way to keep your customers happy is to make sure you're thinking about the financial aspect of your business and making smart purchases. You need to spend money on not only supplies and products but also on training your employees. Your employees are key in ensuring the success and growth of your company. If they're not doing their best to help sell things or do what they're asked, customers will be unhappy and not come back.
Conclusion
You can help boost customer loyalty and make your company successful in many different ways. There are many different aspects of your business that you should look at when it comes to boosting customer loyalty. By boosting customer loyalty, you can increase sales and make a greater profit in the long run. Remember to keep your customers happy and interested in your business's products or services, as this will keep them coming back.
Just the Right Book posted: "Whether you're traveling or not this summer, right now is the perfect time to catch up on all the great books that have recently been published. In this episode of Just the Right Book with Roxanne Coady, Roxanne talks with critic and book reviewer Bill Go" Literary Hub
Whether you're traveling or not this summer, right now is the perfect time to catch up on all the great books that have recently been published. In this episode of Just the Right Book with Roxanne Coady, Roxanne talks with critic and book reviewer Bill Goldstein to guide you through which books you want to read, have read, are thinking about reading, or you should know about.
Bill Goldstein, the founding editor of the books site of The New York Times on the Web, reviews books and interviews authors for NBC's "Weekend Today in New York." He is also curator of public programs at Roosevelt House, the public policy institute of New York's Hunter College. He received a PH.D in English from City University of New York Graduate Center in 2010, and is the recipient of writing fellowships at MacDowell, Yaddo, Ucross and elsewhere. Bill is the author of The World Broke in Two: Virginia Woolf, T. S. Eliot, D. H. Lawrence, E. M. Forster and the Year that Changed Literature.
Roxanne Coady is owner of R.J. Julia, one of the leading independent booksellers in the United States, which—since 1990—has been a community resource not only for books, but for the exchange of ideas. In 1998, Coady founded Read To Grow, which provides books for newborns and children and encourages parents to read to their children from birth. RTG has distributed over 1.5 million books.