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Court overturns verdict in Ventura defamation case
Minneapolis Star Tribune ^ | 6/13/2016 | Randy Furst

Posted on 06/13/2016 10:11:07 AM PDT by 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.

(Excerpt) Read more at startribune.com ...


TOPICS: Breaking News; News/Current Events; US: Minnesota; War on Terror
KEYWORDS: americansniper; chriskyle; eighthcircuit; jesseventura; kyle; minneapolis; minnesota; navyseal; randyfurst; richardkyle; tayakyle; ventura
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1 posted on 06/13/2016 10:11:07 AM PDT by simpson96
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To: simpson96

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


2 posted on 06/13/2016 10:14:38 AM PDT by circlecity
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
Good! Open-borders a-hole!

3 posted on 06/13/2016 10:15:16 AM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
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To: simpson96
Oh, this should be good. Ventura's a nasty POS that can't handle the simplest differences of opinion.

He's likely to have a brain aneurysm over this.

4 posted on 06/13/2016 10:16:40 AM PDT by Calvin Locke
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To: simpson96
Ventura claims he was defamed, and he won his case. If Ventura was a decent person would have announced long ago that he was taking a $1 settlement, and waiving the rest.
5 posted on 06/13/2016 10:20:17 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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"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."


6 posted on 06/13/2016 10:21:48 AM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
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To: SunkenCiv
Is he? I stopped paying attention to him when he was promoting his tv show on Dennis Miller.

Miller asked him some question about the topic of the epi being pushed, and Ventura exploded and hung up.

A savvy promoter would have simply said "You'll have to watch the show at XXpm whenever on Tru TV to find out..."

7 posted on 06/13/2016 10:25:40 AM PDT by Calvin Locke
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To: simpson96
In previous interviews, Ventura vowed to move permanently to Mexico where he has a winter home, if he lost the case.

If only - he's probably like the other POS's who threaten this.

How could a federal judge have screwed this case up so bad?

8 posted on 06/13/2016 10:26:12 AM PDT by colorado tanker
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To: simpson96

A new trial for the original defamation lawsuit.

And if the outcome is not favorable to the more famous and powerful, maybe it will be dragged through the court system again. For a regular citizen, who has the money/time for all this?


9 posted on 06/13/2016 10:37:18 AM PDT by Sir Napsalot (Pravda + Useful Idiots = USSR; Journ0List + Useful Idiots = DopeyChangey)
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To: Sir Napsalot

They don’t. That’s why it is usually settled out of court.


10 posted on 06/13/2016 10:44:52 AM PDT by WilliamCooper1
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To: simpson96

Note that the court keeps the billable hours going for the scum lawyers involved in the case.


11 posted on 06/13/2016 10:48:02 AM PDT by Seruzawa (All those memories will be lost, like tears in rain.)
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To: simpson96

Too late. Hulk already spent the money.


12 posted on 06/13/2016 10:52:53 AM PDT by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: Calvin Locke

Wasn’t the defamation regarding Chris Kyle’s having punched him out in some bar?


13 posted on 06/13/2016 10:56:55 AM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
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To: colorado tanker

One mkre asshole in Mexico doesn’t help that country...


14 posted on 06/13/2016 11:06:43 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway - "Enjoy Yourself" ala Louis Prima)
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To: Calvin Locke

Perhaps the God that the atheist Ventura and his wife deny will strike both of them down, down, down in the pit in which Omar Mateen is burning for the rest of eternity.


15 posted on 06/13/2016 12:03:03 PM PDT by MIchaelTArchangel (Don't Shut Down the Government! Eliminate Major Parts of the Government!)
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To: SunkenCiv
I had to look it up. In Kyle's book, he relates the incident without naming Ventura, but then on his book tour, he says it was Ventura.

Supposedly, Ventura demanded an apology, Kyle refused or didn't respond, hence the lawsuit.

16 posted on 06/13/2016 12:05:04 PM PDT by Calvin Locke
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To: VanShuyten

“Too late. Hulk already spent the money.”

JV was ‘The Body’ - not ‘The Hulk.’

FYI.

Best.


17 posted on 06/13/2016 12:39:07 PM PDT by BBB333 (Q: Which is grammatically correct? Joe Biden IS or Joe Biden ARE an idiot?)
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To: Leaning Right

Good point!


18 posted on 06/13/2016 12:41:41 PM PDT by Bigg Red (Keep calm and Pray on.)
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To: BBB333

You’re right. Thanks.

I get confused after Andre the Giant, Gorgeous George, and Haystack Calhoun.


19 posted on 06/13/2016 1:10:11 PM PDT by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: VanShuyten

;-)


20 posted on 06/13/2016 1:17:02 PM PDT by BBB333 (Q: Which is grammatically correct? Joe Biden IS or Joe Biden ARE an idiot?)
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