Just as a point of fact and in support of Myopia123 s comment above In the U S Legal system Trial Juries are Triers of fact The trial jury found that Kyle had defamed Ventura and Kyle was unjustly enriched by that defamation The case is under appeal there are those who hold that the trial was faulty and that the verdict should be overturned or a new trial given We are all entitled to our opinions of the trial verdict but for now the facts of the case are as the trial jury determined them to be based upon the evidence given in court under the rules of the U S Federal Court system I m not sure how one can get a fairer determination of facts than one that s been litigated for about three years