Gawker Says Hulk Hogan Jury Was Denied Key Evidence

Gawker was hit with more than $25 million in additional damages today on top of the $115 million already awarded, but the site is confident it will prevail
Image may contain Green Word Text and Symbol

Gawker was hit with more than $25 million in additional damages today on top of $115 million already awarded by a Florida jury that found the site violated Hulk Hogan's privacy by posting a video of him having sex.

But Gawker said it remains confident it will ultimately prevail, arguing that evidence from an FBI investigation and testimony from a key witness not introduced to the jury would sway an appeals court in its favor.

"There is so much this jury deserved to know and, fortunately, that the appeals court does indeed know," Heather Dietrick, president and general counsel of Gawker Media, said in a statement. "So we are confident we will win this case ultimately based on not only on the law but also on the truth."

Jurors in the three week trial did not see evidence from an FBI investigation into an alleged extortion attempt against Hogan unsealed shortly before they returned a verdict in the case. The judge presiding over the case also ruled that Bubba Clem, whose then-wife Heather Cole was recorded having sex with Hogan in the video, did not have to testify. Dietrick said the investigation evidence, along with Clem's testimony and previous court rulings in Gawker's favor, would vindicate its First Amendment argument in the case.

In 2012, Gawker.com editor A.J. Daulerio posted an edited video reel that included several seconds of Hogan having sex with Cole. Hogan sued the site, founder Nick Denton, and Daulerio for invasion of privacy. Throughout the four years of legal wrangling, Gawker has maintained that the story and video are protected by the First Amendment. On Friday, the jury sided with Hogan, awarding him $115 million in compensatory damages. Today, the jury awarded an addition $25.1 million in punitive damages, including $15 million from Gawker Media, $10 million from Denton, and $100,000 from Daulerio.

"We are extremely happy with the verdict and Mr. Bollea feels vindicated," Hogan's legal team said in a statement. "Our victory will also deter others from victimizing innocent people. This verdict now requires those organizations to respect privacy and if not pay the price for failing to do so."