Appeals court rejects $1.8M award to Jesse Ventura | The Compost Bin | Forums

Wonder if it will even go to a new trial, wouldn't be surprised by an out of court settlement

MINNEAPOLIS – A federal appeals court on Monday threw out $1.8 million in damages awarded to former Minnesota Gov. Jesse Ventura, who said he was defamed by the late author Chris Kyle in the bestselling book "American Sniper."

The 8th U.S. Circuit Court of Appeals also sent a portion of the case -- Ventura's defamation claim -- back to the district court for a new trial, saying Ventura's attorneys made improper remarks and the trial court "clearly abused its discretion in denying a new trial."

Messages left with Ventura, his publicist and his attorney were not immediately returned Monday. An attorney for Kyle's estate had no comment and referred questions to publisher HarperCollins, which said it was reviewing the opinion and had no comment at this time.

Kyle is a former SEAL regarded as the deadliest sniper in U.S. military history with 160 confirmed kills. In his book "American Sniper," he wrote a subchapter called "Punching Out Scruff Face" in which he describes decking Ventura at a California bar in 2006 after Ventura made offensive comments about SEALs, including that the SEALs "deserve to lose a few" in Iraq.

Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, sued. He testified at trial that he never made the statements and that the confrontation never happened. He also said the book ruined his reputation in the tight-knit SEAL community.

Kyle, who was killed on a shooting range in 2013 by a troubled fellow veteran, gave sworn videotaped testimony before his death that his story was true. The case proceeded against his estate.

In 2014, a jury awarded Ventura $500,000 for defamation and $1.3 million for unjust enrichment. Kyle's widow, Taya Kyle, appealed, asking that the verdict be thrown out or that a new trial be ordered on First Amendment and other grounds. Ventura's lawyers, however, argued that jury got the verdict right.

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