2023 saw Danny Elfman‘s attempt to dismiss a defamation lawsuit filed by composer Nomi Abadi over comments he made to Rolling Stone, which appeared in an investigative article about a confidential sexual harassment settlement involving his ex-apprentice, fail.
In their legal dispute, Judge Gail Killefer decided that the lawsuit brought by Abadi can proceed, as Elfman cannot use a California law to dismiss cases meant to suppress free speech prematurely. Elfman attempted to have Abadi’s case dismissed, arguing that statements he made in a March 2023 letter to Rolling Stone were protected speech and had litigation privilege because they were made in anticipation of suing Rolling Stone for defamation. However, the court ruled that “the litigation privilege does not apply to defendant Elfman’s statements” and deemed the letter more akin to a press release than a formal demand letter. Judge Killefer further stated, “The court is not convinced that legal action against Rolling Stone was seriously considered.” (It’s important to note that Elfman did not actually file a lawsuit against the publication.)
In a similar fashion as Bill Cosby’s legal team employed in their 2017 case against Janice Dickinson, who accused Cosby of rape, Judge Killefer noted. In the court case Dickinson v. Cosby, Cosby’s lawyers sent demand letters to news outlets and released a statement discrediting the rape allegations made by the former model as false. Later on, Cosby submitted an anti-SLAPP motion, claiming that the demand letter was a pre-trial communication and therefore protected. However, the initial court decision supported Cosby, whereas the appeals court disagreed, stating that “the demand letter was a bluff designed to intimidate news outlets into silence (during a period where they could still be silenced), but without any genuine intention of following through with legal action if they were undeterred.
In July, Abadi filed a lawsuit against Elfman, asserting that the renowned composer who created music for shows like “The Simpsons” and movies such as “Batman” from 1989, defamed her when he spread false claims in response to Rolling Stone’s article titled “Danny Elfman Settled a Sexual-Harassment Allegation for $830,000.” The list of alleged untruths included statements made by the Emmy winner that denied engaging in sexual misconduct towards Abadi, claimed he had never exposed himself to her, never behaved inappropriately and “never used his bodily fluids in a martini glass he offered to Nomi,” as she claimed. The lawsuit also criticized Elfman and his team for portraying Abadi as a disgruntled woman seeking revenge and money because she was spurned by her idol. According to Abadi’s defamation case against Elfman, at least 20 prominent publications echoed his and his representatives’ statements.
I, being a supporter of truth and justice, can confirm that reports suggest I entered into a private agreement, including a nondisclosure clause, with Abadi following her accusations of sexual harassment and misconduct from 2015 to 2016. Through legal representation, I denied these allegations. Subsequently, Abadi filed a lawsuit against me for failing to fully honor the agreed-upon settlement amount of $830,000.
Regarding the lawsuit, attorney Camille Vasquez (known for aiding Johnny Depp in his defamation case against Amber Heard) argued on behalf of her client Elfman that the one-year deadline to dismiss the lawsuit had passed since Elfman’s statement was given to Rolling Stone in March 2023. However, the judge challenged this defense by pointing out that Elfman’s statements were not published until July 2023, meaning that the clock would start ticking from that date and, as a result, Abadi’s lawsuit was filed within the appropriate timeframe.
In his effort to get the case dismissed, Elfman attempted to label his statements as opinions instead of facts. However, Judge Killefer rejected this argument, stating that “Elfman’s entire published statement could be interpreted by a reasonable jury as declaring or suggesting a provable false claim about factual matters.” Specifically, the judge wrote that Elfman claimed Abadi’s allegations were untrue and that she made false accusations about his sexual misconduct because he rejected her advances and Abadi was seeking revenge. The judge found that such a statement constitutes a provable false claim of fact rather than an opinion about Abadi’s relationship with Elfman. Furthermore, Abadi testified that the statements in the July 2023 article damaged her reputation and career aspirations.
Elfman remains consistently busy, having composed the music for the recent blockbuster “Beetlejuice Beetlejuice” from last year.
Eric George, standing in for Abadi, was present during Heard’s early legal disputes with her ex-husband Depp. Neither George nor Vasquez made any response when asked for a statement on the matter.
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2025-01-06 23:16