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Evidence keyed to Fisher
Ventura v. Kyle
Citation:
825 F.3d 876 (2016)Facts
In October 2006, an alleged altercation occurred at McP’s bar in Coronado, California, following a SEAL funeral. Chris Kyle claimed in his book “American Sniper” that he punched Jesse Ventura after Ventura made offensive anti-American statements including that he “hates America” and the SEALs “deserve to lose a few.” Kyle later confirmed Ventura’s identity in radio and television interviews promoting the book, which became a bestseller with 1.5 million copies sold. Ventura denied any altercation occurred and sued Kyle for defamation, misappropriation, and unjust enrichment. At trial, Ventura presented witnesses who saw no altercation and photographs showing no visible injuries, while Kyle presented multiple SEAL witnesses who testified they heard the statements or witnessed a physical confrontation. During trial, Ventura’s counsel improperly questioned HarperCollins witnesses about insurance coverage and referenced insurance in closing arguments despite no evidence establishing an actual insurance policy covering Kyle. After five days of deliberation, the jury reached an 8-2 verdict awarding Ventura $500,000 for defamation and recommending $1.35 million for unjust enrichment.
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