Details on How Unsealed Documents Could Lead to the Verdict Being Overturned in the Hulk Hogan vs Gawker Case

According to CNN Money, who earlier today reported that Hulk Hogan was granted an additional $15 million in punitive damages in his case against Gawker, is reporting the jury was not privy to over 1,000 pages of sealed documents.

The documents will likely be vital to Gawker, who will be appealing the decision in the case, as they question the validity of Hogan’s claim that he was unaware he was being filmed having sex with Heather Clem. Additionally, the documents might reveal information that allows Gawker to argue Hogan was more concerned about the sex tape being released because the footage contained racial slurs, which are what lead to Hogan’s release from WWE.

Additionally, the newly unsealed documents reportedly contain information regarding Bubba the Sponge’s testimony, which was that Hogan was aware he was being filmed having sex. In other depositions, Bubba’s story has changed. The documents reportedly also prove that Bubba’s ex-wife Heather was aware she was being filmed having sex with Hogan, something she has previously denied in sworn testimony.

The documents apparently also contain details on text messages exchanged by Hogan and Clem, in which Hogan appears distressed that the sex tape could leak because they contain racial slurs, and NOT because of the sex footage itself. Gawker could use this to argue that Hogan was not distressed by the act of sex appearing on tape and being leaked to the public, but rather he was distressed by the racial slurs on the tape. If it is determined that Hogan suffered emotional distress due to his concern for the racial slurs and not the sex act on the tape, that could make the jury’s $60 million award for emotional distress highly questionable.