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Danny Elfman has lost a bid to dismiss the defamation lawsuit against him by fellow composer Nomi Abadi over statements he made to Rolling Stone.
Danny Elfman has lost his bid to dismiss the defamation lawsuit brought against him by fellow composer Nomi Abadi about statements he made to Rolling Stone. These comments, made in 2023, were included in an investigative piece about a secret sexual harassment settlement involving a former protégé.
The former Oingo Boingo singer tried to have Abadi’s lawsuit tossed out, alleging the comments made to Rolling Stone were protected free speech. He claimed he therefore enjoyed litigation privilege because they were made in anticipation of him suing Rolling Stone for defamation — which he never did.
But Los Angeles Superior Court Judge Gail Killefer ruled that Abadi’s case will move forward, because “the litigation privilege does not apply to defendant Elfman’s statements,” made in what amounted to a press release. “The court is not persuaded that litigation against Rolling Stone was seriously contemplated.”
“We respectfully disagree with the court’s ruling and are optimistic that the Court of Appeal will agree with us that this case ought to be dismissed,” Elfman’s attorney, Camille Vasquez, told Variety. Vasquez — who is known for representing Johnny Depp in his defamation battle against Amber Heard — said she and Elfman intend to appeal the judge’s decision.
Abadi sued Elfman in July 2023, alleging the composer defamed her when he “peddled appalling lies” in a letter to Rolling Stone. The alleged lies include statements that he never engaged in sexual misconduct toward Abadi. The filing blasts Elfman and his team for making Abadi out to be a “scorned woman seeking revenge and money because she was rejected by her idol.”
Elfman tried to frame his statements to Rolling Stone as opinion rather than fact in his motion to dismiss. The composer reportedly entered previously into a non-public settlement and nondisclosure agreement with Abadi after she accused him of multiple instances of sexual misconduct between 2015 and 2016. Abadi then sued Elfman for failure to pay the full settlement of $830,000. Elfman has denied the allegations against him.
