Danny Elfman defamation lawsuit to move forward after judge blocks bid for dismissal
Composer Danny Elfman has lost a bid to dismiss the defamation lawsuit levelled against him by a former protégé.
Composer Nomi Abadi filed the suit regarding on-the-record comments Elfman made to Rolling Stone in 2023 that were featured in a piece about a secret sexual harassment settlement that was made between her and her former mentor.
Elfman, who has frequently composed scores for Tim Burton and who has earned three Emmy Awards, a Grammy, and four Oscar nominations, tried to block the case from moving forward, arguing that his statements to Rolling Stone were protected under California’s law against silencing or chilling free speech. He also claimed that his statements fell under the protection of “litigation privilege,” a rule that covers statements made about a potential lawsuit.
The composer claimed that he was planning to sue Rolling Stone for defamation at the time, though a lawsuit never materialised.
In her ruling, Los Angeles Superior Court Judge Gail Killefer blocked Elfman’s bid, saying that litigation privilege did not apply because the letter he wrote to the publication that contained his on-the-record statements “functions more as a press release than a demand letter.” The judge also said that the court was not persuaded by the composer’s team that he had “seriously contemplated” bringing a lawsuit against Rolling Stone.
Elfman also tried to claim that his statements had been opinion rather than fact, but the judge rejected this line of reasoning as well, saying that, by stating that “Ms Abadi’s allegations are simply not true” and that she made “wholly false allegations” he was making a provable false assertion of fact rather than a mere subjective opinion.
Abadi’s case is now free to continue through the courts, though Elfman’s attorney, Camille Vasquez, who also represented Johnny Depp in his successful defamation suit against actor Amber Heard, said that they plan to appeal the decision.
Abadi sued Elfman in July, claiming that he “peddled appalling lies” in a Rolling Stone article that detailed the alleged $830,000 settlement between them. According to Abadi, the composer lied when he categorically denied a litany of instances of sexual misconduct, including that he masturbated in front of her, touched her inappropriately, and “placed his bodily fluids in a martini glass he presented to [her].”
In her suit, Abadi pointed to at least 20 publications that repeated Elfman’s denials and called him out for framing her as a scorned would-be lover whose advances he rejected.
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