Bollea v. Gawker

Terry Gene Bollea v. Clem
Court Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida[1]
Full case name Terry Gene Bollea, professionally known as Hulk Hogan, Plaintiff, v. Heather Clem; Gawker Media, LLC aka Gawker Media; Gawker Media Group, Inc. aka Gawker Media; Gawker Entertainment, LLC; Gawker Technology, LLC; Gawker Sales, LLC; Nick Denton; A.J. Daulerio; Kate Bennert, and Blogwire Hungary Szellemi Alkotast Hasznosito KFT aka Gawker Media, Defendants[2][1]
Court membership
Judge(s) sitting Pamela A.M. Campbell[3]

Bollea v. Gawker is a Florida lawsuit in which Terry Gene Bollea, known professionally as Hulk Hogan, sued Gawker Media, publisher of the Gawker website, and several Gawker employees and Gawker-affiliated entities,[2] for posting a sex tape of Bollea with Heather Clem, at that time the wife of radio personality Bubba the Love Sponge. Bollea's claims included invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress. Prior to trial, Hogan's lawyers claimed that the privacy of many Americans was at stake, and Gawker's lawyers asserted that the case could hurt freedom of the press in the United States.[4]

Hogan sought $100 million in damages.[5] In March 2016, the jury found Gawker Media liable and awarded Hogan $115 million in compensatory damages and $25 million in punitive damages.[6][7] Gawker CEO Nick Denton said the company would appeal the verdict.[8]

Background

In 2006, Hogan was having sex with Clem while being videotaped without his knowledge or consent.[9] On The Howard Stern Show, Hogan told Stern that he had slept with Heather with Bubba Clem's blessing and his encouragement because he was so burnt-out from the trauma of his coming divorce that he finally gave in to the "relentless" come-ons from Heather who "kept going down that road". Hogan said that he knew Clems had "an alternative lifestyle" and that he had stopped by their house "just to say hello" when Heather tempted him.[10] Hogan later testified: "I was depressed. I gave up and gave in. I felt that those people loved me."[9]

Bubba testified that he burned the video to a DVD, wrote "Hogan" on it, and put it in a desk drawer.[11]

On October 4, 2012, Gawker editor AJ Daulerio published an extract from the video.[12]

In April 2013, Gawker announced that it would not comply with the circuit court order requiring the removal of the video because it deemed the order "risible and contemptuous of centuries of First Amendment jurisprudence." Gawker removed the video (but linked readers to another site hosting the video) and kept the post.[13]

Verdict

On March 18, 2016, a six-person jury – four women and two men – in St. Petersburg delivered a verdict in favor of the 62-year-old Hogan. The jury awarded him $115 million, which included $55 million in compensatory damages and $60 million for emotional distress.[14] The jury awarded Hogan an additional $25 million in punitive damages on March 21.[7] Gawker CEO Nick Denton said the company would appeal the verdict.[8]

In early April 2016, Gawker Media filed two post-trial motions in the trial court.[15] In one motion, the company seeks to throw out the jury verdict, arguing that "key evidence was wrongly withheld" and the jury instructions on the constitutional standards for newsworthiness were improper.[15] In another motion, Gawker argues that even if the verdict stands, the amount of damages should be greatly reduced.[15] A hearing on the motions is set for May 2016.[15]

References

  1. 1 2 Bollea v. Clem, et al., First Amended Complaint and Demand for Jury Trial (filed December 28, 2012).
  2. 1 2 Annie Youderian, Hulk Hogan Sues Gawker for $100M Over Sex Tape, Courthouse News Service (October 17, 2012).
  3. ↑ Anna M. Phillips, Trial judge in Hulk Hogan-Gawker case is most reversed in Pinellas, Tampa Bay Times (March 25, 2016).
  4. ↑ Madigan, Nick (March 4, 2016). "Hulk Hogan's Suit Over Sex Tape May Test Limits of Online Press Freedom". The New York Times. Retrieved March 10, 2016.
  5. ↑ Mahler, Jonathan (June 12, 2015). "Gawker's Moment of Truth". The New York Times. Retrieved March 10, 2016.
  6. ↑ Mullin, Joe (March 18, 2016). "$115 million verdict in Hulk Hogan sex-tape lawsuit could wipe out Gawker". Ars Technica (WIRED Media). Retrieved March 18, 2016.
  7. 1 2 Madigan, Nick (March 21, 2016). "Jury Tacks On $25 Million to Gawker’s Bill in Hulk Hogan Case". The New York Times.
  8. 1 2 "Jury awards Hulk Hogan $115 million as Gawker looks to appeal". capitalnewyork.com. POLITICO.
  9. 1 2 Madigan, Nick (March 7, 2016). "Hulk Hogan Takes Stand in His Sex-Tape Lawsuit Against Gawker". The New York Times. Retrieved March 12, 2016.
  10. ↑ Bustillos, Maria (2015-07-01). "Everything You Need To Know About Hulk Hogan vs Gawker". Vice. Retrieved March 12, 2016.
  11. ↑ Phillips, Anna (February 28, 2016). "Hulk Hogan's sex tape lawsuit against Gawker heads to trial". Tampa Bay Times. Retrieved March 12, 2016.
  12. ↑ Daulerio, A.J. "Even for a Minute, Watching Hulk Hogan Have Sex in a Canopy Bed is Not Safe For Work but Watch it Anyway". Gawker. Archived from the original on 5 October 2012.
  13. ↑ Cook, John. "A Judge Told Us to Take Down Our Hulk Hogan Sex Tape Post. We Won't.". Gawker. Archived from the original on 28 April 2013. Retrieved 19 March 2016.
  14. ↑ Paul Farhi (18 March 2016). "Jury awards Hulk Hogan $115 million in lawsuit against Gawker Media over sex tape". Washington Post.
  15. 1 2 3 4 Steven Perlberg, Gawker Begins Appeal of $140 Million Hulk Hogan Verdict, Wall Street Journal (April 5, 2016).
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