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Hulk Hogan v. Gawker (Marc Randazza Legal Analysis)

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Today in court Gawker learned what happens when Hulkamania runs wild on you after a jury ordered Gawker to pay $115 million dollars in compensatory damages to Hulk Hogan.

Marc Randazza, a free speech lawyer, spoke to me live after the verdict to share his thoughts on the case as well as to discuss Gawker’s next legal move.

Danger & Play Media hot takes:

  • Gawker had excellent legal counsel, this was simply a case no one could win.
  • New York snark does not translate well to judges and juries.
  • Gawker will need to post an appeal bond of 10% of the damages verdict.
  • The jury may award up to 3 times the $115 million in punitive damages, for a total award of hundreds of millions of dollars.
  • Gawker’s revenue last year were around $44 million. There’s no way Gawker can afford to pay this verdict.
  • Gawker owns several websites like Jezebel and Kotaku. Those sites may be sold off to the (lowest) bidder.
  • In order to appeal the verdict, Gawker must put up the full verdict amount, or pay 10% (non-refundable) to a company. Bottom line: Gawker will need to pay millions of dollars out of pocket to appeal the Hulk Hogan verdict.

Gawker might not get up from this atomic leg drop.

  • http://masculineepic.com/ Libertas

    The hilarious thing is is that Hulk Hogan was a childhood hero for many of us. Now we get to see him RUN WILD one last time on a major villain.

    So if I’m getting this right, they’re taking it directly to the federal level on appeal now?

    • anon1

      He’s an adulthood hero as well, i hope he’s sensible with his money and his witch of an ex doesn’t try to get her grubby mitts on any of it.

      i’m also not really a wwf/e fan anymore but if they got hulk’s name and credentials reinstated with wwe and for wrestlemania i’d be real fucking happy. Dude is such a legend, visits so many sick kids, you name it

  • JoeSmith06811

    Very happy to see one of GamerGate’s big enemies crash and burn.

    • NikFromNYC

      Gawker also owns Gizmodo, one is the most popular promoters of the climate scam. It was difficult to pull gamergaters over to overall skepticism of media, actually, so this and very much the anti-media Trump train are profoundly rewarding to witness.

      I hope Mike can monetize Gorilla Media though I do struggle with Breitbart’s wall of ads on my iPhone. Instapundit and PJ Media have been so anti-Trump, thank goodness for Twitter and the Milo/Mike feeds for good news.

      • Joshua Coleman

        I’m really hoping Brave Browser solve that problem, I would definitely put Gorilla Media in my top slot for ad revenue payouts.

      • Willy B Dilliams

        It was also difficult to convince them that jet fuel can’t melt steal beams. Sometimes bullshit remains bullshit.

  • http://wayoftheolympian.com/welcome-start/ Way of The Olympian

    I am glad to see Hogan getting some justice. He is good friends with my uncle and has been put through some hard times. Hogan has been a hero for a lot of people and is an overall great person.

    I’m glad to see Gawker put in this position to be honest.

    Great article Mike.

    Your friend,
    Dylan Madden

  • PeterW

    Bye Bye Gawker. Oh, and have a great weekend.

  • https://www.youtube.com/user/SuperCollabFunTime The Dank Wizard

    I am a real American.
    Fight for the rights of every man.
    I am a real American.
    Fights for what’s right. Fight for your life.

  • Bryan

    We don’t need Gawker.
    We have Danger and Play media

    Gawker – clickbait trash
    D&P/Gorilla mindset – a movement

  • Walt

    The “…when Hulkamania runs wild on you” reference was one of the funniest things I’ve read in a long time.

  • Faggory Daggory Doo!

    this makes me soo happy

  • Zero Beat

    Prediction: Whatever the legal equivalent of Hulkamania running wild is.

  • http://charlessledge.com/ Charles Sledge

    Haha ready to see Gawker crash and burn in addition to its other sites

  • Fenrir007

    Is that 10% non-refundable even if they win the appeal?

    • Randolph Carter

      It’s paid to a bond company who insures that the $115 million is available as needed. Presumably it’s much like a bail-bonds company that way.

      • John Edwards Cummings

        Okay, can you go through that one more time and slowly for the lawyercraft-impaired.

        They have to provide 115 million to a third party

        And even if they win the case, the third party will keep 10% from 115 million which is 11,5 million dollars?

        With <50 million dollars yearly *revenues* (aka, not *profits*) ?

        That about right?

        • anon1

          yeah i wanna understand correctly as well.

          on the upside imagine hollywood hogan having a media network

        • Randolph Carter

          In order to appeal a verdict like this, you have to make the money available.
          You have two choices.
          1. You have $115 million dollars available. You put it in an escrow account and sign it over to the court, it draws interest, you can’t touch it. If you lose the appeal, the court takes it.
          2. You don’t have $115 million dollars available. You go to a ‘bond company’ who evaluates you as a credit risk. If they think you are worth it, you pay them 10% of the total fee, and THEY put $115 million in the escrow account. The 11.5 million dollars you pay them is their fee for locking up their money in the bank and taking a risk on you. If you lose the case, the court takes their money, and you now pay them back the $115 million dollars they just spent.

          This is how bail bonds work for normal criminals, although the numbers are usually much smaller.

          The Gawker companies likely don’t have that kind of money to put up the bond. Nick Denton, the owner does personally, but he’ll likely have to sign over his house – theoretically his net worth is 300 million but who knows how liquid it is.

  • http://antidem.wordpress.com/ AntiDem

    What’cha gonna do, Gawker, when this $115 million dollar verdict comes for you?

    • Doctor Mayhem

      With potential 345 mil as punitive damages! 24 IN PYTHONS COMING FOR YOU, BROTHER!

  • http://banterloud.com/ armenia4ever

    HULK SMASH. #GamerGate, we had the last word.

  • ray

    GG’s got an unusual niche clout, very effective when advising and, if necessary, limiting various Cathedral attempts to build political speed-traps around the netways. GGs make useful associates and poor enemies. The Cathedral is now so Establish-mented in the West that the diffuse, guerilla, monkeywrenching tactics of the GG effect admirably. Plus, the GGs are just fun to watch, as they discomfit various SJWs.

  • http://www.acefiction.com/ Khalid

    Hah, great news to start the day.

  • Hrondir

    This is glorious! When Nick Denton is getting fucked by a fat greasy Italian man for rent money. The only comfort he’ll have to cry himself to sleep with will be the knowledge that no one could ever fuck him as hard as Hulk Hogan did.

  • http://greyenlightenment.com/ greyenlightenment

    IF they lose the appeal they will probably file bankruptcy

  • Gaz

    This just made my fucking day.

  • purple

    In an era where almost anyone can be declared a public figure (i.e. your facebook page), this is a very good and important ruling.

  • Kyle Searle

    Why would a bond company put up the bond if Gawker doesn’t have the ability to re-pay it if they lose? Do they have any liquid assets? Getting 10 % of the bond sounds like a lot of money to a bond company, but damn is that risky.

  • anon1

    I was so fucking happy for this verdict.

    If you listen to Hulk on howard stern, he has had such a shit time of it due to his cunt of a car wrecking son, and his horrible horrible scumsucking teenager-fucking whore of an ex wife. Really bad divorce settlement too.

    Guy is so nice, mellow, has a lovely girlfriend now and has raised so much positivity all over the world.

    So i am legit fucking happy he’s getting paid. hope he returns to wrestlemania

    I am also very glad gawker is being comprehensively destroyed, kotaku needs to be sold off, stripped of cuck staff members and refurbished, The rest can rot and wither into nothingness.

    Legitimately made my day. Time to put on the sunglasses, listen to this, https://www.youtube.com/watch?v=RKM1AAzeRCg and enjoy the evening

  • Anubhav

    What are you gonna do brothers (gawker) when hulkmania runs wild on you man I could not stop laughing after all Jezebel is going to be sold

  • anon1

    The media seem to be currently arguing that the decision could yet be reversed in an appellate court, I wonder is that’s possible? 😮

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