We then deposed Denton, Daulerio, several company employees and expert witnesses. Gawker’s counsel did not adequately prepare their witnesses, and Daulerio, among others, made admissions that severely undermined the “newsworthy” defense and would later inflame the jury with their arrogance and defiance. Gawker took a “scorched earth” approach, deposing Bollea for three days, Bubba Clem for two days ..
.. Gawker sought invasive questioning regarding Bollea’s sex life with all partners throughout his lifetime, his entire medical history (including eight spinal surgeries) and every financial document in his possession. Judge Pamela Campbell in the state trial court placed reasonable limits on the scope of inquiry. My firm sought and obtained Gawker’s financials, advertising practices, internal emails and chats regarding Bollea, all of the hundreds of cease-and-desist demands received by Gawker Media from the preceding three years, and Gawker’s complex (and dubious) corporate and tax structuring, including a parent company in the Cayman Islands and a sister company in Budapest, Hungary. (The arrangement is peculiar given that the company and its owner, Denton — a dual citizen of Hungary and the U.K. — wrap themselves in the U.S. Constitution to try to evade liability for their tortious activity.)
.. Early on in Bollea v. Gawker, we heard that the person who sent the video to Gawker simultaneously sought to extort Bollea with the same and additional sex tape footage
.. On cross, Denton admitted the Bollea video was “pornography” and testified about his former pornography website, Fleshbot.com, which he sold earlier the same year that Gawker.com posted the Bollea sex video.
.. (1) Gawker.com increased in value by $15 million based on increased traffic to the site during the six months the video was posted there, according to our economist expert; (2) Bollea was entitled to a market-value license fee of $35 million, based on an analysis from our Internet expert that 7-plus million people watched the video on the web (two-thirds of them on porn sites), and the minimum price for access to an authorized celebrity sex video (at VividCeleb.com, the largest of these sites) is $4.95 for a four-day trial membership, thus additional damages of $35 million; (3) emotional distress damage