16h 15min, mar 27, 2020 y - DAILY MAIL EXCLUSIVE: Amber Heard loses bid to get $50 million defamation suit by her ex Johnny Depp thrown out as actor fights off claims he was a 'monster' who abused her

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EXCLUSIVE: Amber Heard loses bid to get $50 million defamation suit by her ex Johnny Depp thrown out as actor fights off claims he was a 'monster' who abused her

* Johnny Depp is suing Amber Heard for defamation over a Washington Post op-ed in which she said she was 'a public figure representing domestic abuse'
* He says he was portrayed as an abuser and it cost him his role as Captain Jack Sparrow in the Pirates of the Carribean franchise
* But her lawyers say he is not named and tried to have the case thrown out
* Judge in Fairfax County, Virginia, ruled that the case would go on although he dismissed one of the four parts of Depp's libel claim
Depp has always argued that he was the victim of an 'elaborate hoax' instigated by his ex-wife, who 'faked' her injuries with makeup
* Heard has previously responded with a 300-page filing of her own, cataloging the years of alleged abuse she suffered at the hands of 'the monster'

By BEN ASHFORD FOR DAILYMAIL.COM

Amber Heard lost her legal bid Friday to get a $50 million defamation suit brought by her ex-husband Johnny Depp thrown out, DailyMail.com can exclusively reveal.

The 33-year-old actress argued that statements made in a Washington Post op-ed detailing her experiences as a domestic violence survivor did not name Depp, 55, and were not defamatory.

But a judge rejected her motion to dismiss on the grounds that three of the four sentences the Pirates of the Caribbean star complained about could 'convey the alleged defamatory meaning that Mr Depp abused Ms Heard.'

The former couple met on the set of The Rum Diary, back in 2011, married four years later but split in May 2016 amid a slew of blood-curdling domestic violence allegations and tabloid headlines.

They looked to have put their feud behind them after agreeing to a $7 million divorce settlement in August of that year until Heard wrote an article in December 2018 about being a domestic abuse victim.

The article did not mention Depp by name but he filed for defamation in March of last year, saying it led to speculation that he was the abuser and caused him to lose the role of Captain Jack Sparrow.

Heard's legal team tried to persuade a court in Fairfax County, Virginia to grant a demurrer on the basis Depp had not presented an actionable claim.

Chief Judge Bruce D. White disagreed, concluding that statements such as: 'I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse' could be seen to refer to Depp.

He also said the statements 'I spoke up against sexual violence - and faced our culture's wrath' and 'two years ago, I became a public figure representing domestic abuse' could equally be taken as references to the Oscar-nominated actor.

The judge agreed with Heard that a section in her op-ed complaining about being hounded by tabloid photographers and receiving death threats was not defamatory.

But he rejected her claim the lawsuit had fallen outside of the statute of limitations, pointing out that it was filed within four months of the article's publication even though it dealt with allegations dating back to 2016.

Depp has always argued that he was the victim of an 'elaborate hoax' instigated by his ex-wife, who 'faked' her injuries with makeup after a blowout May 2016 fight that finally ended their toxic marriage.

Heard has previously responded with a 300-page filing of her own, cataloging the years of alleged abuse she suffered at the hands of 'the monster'.

The case is due to be heard in August.

Heard's attorney Roberta Kaplan said of the court's ruling: 'Today's decision leaves it to a jury to decide the meaning of Ms Heard's op-ed and the truth of what she said.

'As we have said all along, the courts have strong mechanisms in place for determining the truth.

'Here, we remain confident that Ms Heard will prevail at trial when the jury is presented with evidence on the question that the Court identified namely, whether 'Ms Heard was abused by Mr Depp'.'

The decision comes a day after DailyMail.com published exclusive images of Heard cuddling up to Elon Musk in the private elevator to Johnny Depp's former Los Angeles penthouse.

The Tesla mogul can been seen in one of the pictures, taken from surveillance camera footage, draping his arms around Heard - who appears to be wearing just a swimsuit and cover-up.

There are no time stamps on the images and Heard lived alone in the penthouse for six months after her split with Depp.

Musk insists the couple had gone their separate ways by the time he began seeing Heard and says their relationship didn't become romantic 'until some time later'.

However Depp's defamation lawsuit accuses the pair of starting an affair one month into his 2015 marriage and he has subpoenaed the Space X billionaire for his text messages.

He specifically wants to know what she told the tech tycoon about the May 21, 2016 fight that resulted in Heard seeking a restraining order, accusing Depp of hurling a phone at her and beating her.

DailyMail.com has also published a series of exclusive leaked audio tapes in recent months in which the ex-couple can be overheard discussing their various fights and bust ups.

In one such tape, Heard admitted to throwing pots, pans and vases at Depp, while in another she conceded she had 'clocked' him in the face.

Her lawyers insist Depp was always the instigator of the violence and that their client acted in self-defense.

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