Hulk Hogan is accustomed to a good fight—and Gawker Media is ensuring that he gets one.
The second round of the legal rumble between Gawker and Hulk Hogan has just begun. The New York news and gossip site filed two motions yesterday challenging the verdict that could cost it $140 million for posting excerpts from a sex video featuring the former pro wrestler.
Last month a Florida jury found that Gawker had violated Hogan's privacy and awarded him $140.1 million in total damages to be paid by Gawker, founder Nick Denton, and former Gawker.com editor A.J. Daulerio. The multimillion dollars awarded could be hugely damaging to Gawker's business.
In court documents filed yesterday, Gawker argues that it deserves a new trial and that, even if a new trial is not granted, the multimillion dollar damages awarded should be "vacated or greatly reduced." Gawker also filed a motion requesting a judge to overturn the decision of the jury.
At its root, Gawker maintains that "key evidence was wrongly withheld" from the jury during the trial. The company also believes that the jury wasn't "properly instructed on the Constitutional standards for newsworthiness."
"We expect to be fully vindicated," the company said in a statement. "And even if the verdict were to stand, there is no justification for awarding ten of millions of dollars never seen by victims of death and serious injuries.”
Throughout the trial, Gawker maintained that the company posted an edited video clip of Hogan having sex with his former best friend's wife because it was a "matter of public concern," meaning it was newsworthy. The company argued the post was therefore protected speech.
Hogan's legal team maintained that the video was private and that posting it led to emotional distress, and the jury agreed. "We emerged victorious once and we plan to do so again," David Houston, Hogan's legal counsel, said in a statement. "It is apparent Gawker is unable to accept responsibility for their actions or demonstrate any intention of correcting their behavior."
