Don Henley Cleared in Malicious Prosecution Lawsuit Over Stolen Eagles Lyrics Dispute
A New York State Supreme Court judge has dismissed a malicious prosecution lawsuit filed by Glenn Horowitz, a rare books dealer accused of trying to sell stolen copies of handwritten Eagles lyrics. The decision comes after prosecutors abandoned the criminal case last year due to new information and lack of confidence in its merits.
Horowitz had sued Don Henley, the Eagles' songwriter, and longtime manager Irving Azoff, alleging they had maliciously prosecuted him over the dispute. However, Judge Kathleen Waterman-Marshall granted their motion to dismiss the suit, stating that the Manhattan District Attorney's Office had "ample probable cause" to pursue a criminal case against Horowitz.
Waterman-Marshall also noted that none of the documents released during the trial exonerated Horowitz, and the prosecution's dismissal was based on the inability of his defense team to present certain information. She added that there was no finding that this information was withheld by Henley or any other defendant for an improper purpose.
Henley's lawyer, Dan Petrocelli, hailed the decision as a victory, saying "The only malicious prosecution was Horowitz's own lawsuit, which the Court promptly and rightly dismissed." Horowitz, however, plans to appeal the decision and reargue against Henley and Azoff.
The dispute began when Kosinski and Inciardi tried to sell excerpts from the lyrics on several occasions, prompting Henley to file a report with the Los Angeles Sheriff's Department. The Manhattan DA's office eventually got involved, and Horowitz claimed that Henley had pursued and materially assisted in his prosecution by making false statements to law authorities.
However, Judge Waterman-Marshall ruled that Henley's report to law enforcement did not constitute intentional infliction of emotional distress, which is the claim underpinning Horowitz's lawsuit. The case remains ongoing, with Horowitz still pursuing a malicious prosecution suit against the city of New York and Henley seeking to reclaim the lyrics sheets.
The handwritten notes, which include over 100 pages of allegedly stolen drafts of songs from the Eagles' "Hotel California," have remained in the custody of the Manhattan DA's office. A decision on their rightful ownership is pending.
A New York State Supreme Court judge has dismissed a malicious prosecution lawsuit filed by Glenn Horowitz, a rare books dealer accused of trying to sell stolen copies of handwritten Eagles lyrics. The decision comes after prosecutors abandoned the criminal case last year due to new information and lack of confidence in its merits.
Horowitz had sued Don Henley, the Eagles' songwriter, and longtime manager Irving Azoff, alleging they had maliciously prosecuted him over the dispute. However, Judge Kathleen Waterman-Marshall granted their motion to dismiss the suit, stating that the Manhattan District Attorney's Office had "ample probable cause" to pursue a criminal case against Horowitz.
Waterman-Marshall also noted that none of the documents released during the trial exonerated Horowitz, and the prosecution's dismissal was based on the inability of his defense team to present certain information. She added that there was no finding that this information was withheld by Henley or any other defendant for an improper purpose.
Henley's lawyer, Dan Petrocelli, hailed the decision as a victory, saying "The only malicious prosecution was Horowitz's own lawsuit, which the Court promptly and rightly dismissed." Horowitz, however, plans to appeal the decision and reargue against Henley and Azoff.
The dispute began when Kosinski and Inciardi tried to sell excerpts from the lyrics on several occasions, prompting Henley to file a report with the Los Angeles Sheriff's Department. The Manhattan DA's office eventually got involved, and Horowitz claimed that Henley had pursued and materially assisted in his prosecution by making false statements to law authorities.
However, Judge Waterman-Marshall ruled that Henley's report to law enforcement did not constitute intentional infliction of emotional distress, which is the claim underpinning Horowitz's lawsuit. The case remains ongoing, with Horowitz still pursuing a malicious prosecution suit against the city of New York and Henley seeking to reclaim the lyrics sheets.
The handwritten notes, which include over 100 pages of allegedly stolen drafts of songs from the Eagles' "Hotel California," have remained in the custody of the Manhattan DA's office. A decision on their rightful ownership is pending.