If you don't see "ACLU" as a named defendant in the case caption – in the lawsuit Johnny Depp filed, whose defendants he chose – then they're entitled by law to their discovery expenses
It's statutory under New York law. See NY CPLR §3111 and §3122(d)
But even federally, cost-shifting happens all the time under FRCP 45 if the cost is more than insubstantial. You just can't lard it up with things outside reasonable costs of actual compliance
Many years back, I worked on a document-intensive multinational fraud case that ultimately settled for low 8 figures. Every lawyer in my firm at the time was putting in 8-hour days at $300/hr for weeks
The funny part is that several of the people insisting the amount is unreasonable are normally onboard with anti-SLAPP statutes because of how expensive litigation is
What's in poor taste about expecting someone to reimburse your costs of providing a service to them?
Depp could have named ACLU as a defendant if he wanted to, yet he didn't. So ACLU gets to have their expenses reimbursed for complying with his subpoenas
I didn't avoid your question at all, I asked you to explain what was in bad taste about it
If the ACLU ghostwriting an op-ed was such a big deal, Depp could have sued them. He didn't. It's weird that you think it's more of a big deal than he does.
I'd avoided it precisely b/c the people who tend to comment on it have zero interest in what the law actually is, and just want to go "nuh uh you're wrong" to people who've been litigating defamation cases professionally for far longer than they have
Basically yes, but not really the jury's fault. Whether a statement is capable of defamatory meaning is typically a legal question for the judge, and the judge here just said ":shrug: let's have the jury decide"
It's also common for juries to do weird things, hence JNOV+appeals
It's just an added layer of protection to guard against an unreasonable jury verdict. They're not granted often, but can be when "no reasonable jury could have reached" that particular verdict
On the criminal side, it's similar but called a Motion for Judgment of Acquittal
In the embedded QT here, you'll notice Andy started cropping out the ankles in the photoshopped pic so folks would stop pointing out it was an obvious fake:
In theory, yes. In practice, litigation is time-consuming and invasive even when you win, so it's rare for people to bother with it if they're not already rich
I'm paraphrasing, but the spokescritter randomly dropped into his statement something to the effect of "I can assure you none of the children were shot by our officers" completely out of the blue