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.”
(FOX)- 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.
In Monday’s ruling, a three-judge appellate panel reversed the unjust-enrichment award, saying the theory of unjust-enrichment “enjoys no legal support under Minnesota law” and fails as a matter of law.
The majority of the judges also vacated the defamation award and sent that portion of the case back to court for a new trial.
The majority found that Ventura’s attorneys improperly let the jury hear that publisher HarperCollins had an insurance policy to cover a defamation award and attorney fees. The majority said those comments prevented Kyle’s estate from receiving a fair trial and that Ventura’s attorneys deliberately referenced a “deep-pocket insurer” to try to influence the jury and enhance damages.
“From our review, these unsupported, improper, and prejudicial statements were not heat of the moment argument, but were strategic and calculated,” the judges wrote.