Malicious Prosecution Lawsuit Against Don Henley and Irving Azoff Dismissed

A malicious prosecution lawsuit against musician Don Henley and longtime Eagles manager Irving Azoff has been dismissed by a New York court. The case stemmed from allegations made by rare book dealer Glenn Horowitz, who sought millions in damages after being charged with attempting to sell what were claimed to be stolen lyrics from the Eagles’ iconic 1976 album, Hotel California.

Background of the Case

In February 2022, Horowitz alleged that Henley and Azoff had manipulated New York prosecutors to charge him along with two others—former Rock & Roll Hall of Fame curator Craig Inciardi and rock auctioneer Edward Kosinski—despite their claims of innocence. However, the case was abruptly dismissed during trial last year after Henley failed to provide evidence confirming the lyrics had been stolen.

Judge’s Ruling and Findings

The New York County Supreme Court judge, Justice Kathleen Waterman-Marshall, highlighted the circumstances surrounding the dismissal. She noted that while the dismissal was influenced by the lack of evidence presented by Horowitz’s defense, there was no finding that Henley or any of the defendants had withheld information for improper purposes. “The dismissal was based upon the inability of Mr. Horowitz’s defense to be presented with certain information,” she explained.

How Did the Eagles Lyrics Originally Go Missing?

The handwritten lyrics in question were initially owned by journalist Ed Sanders, who claimed that Henley had given them to him for a proposed book about the Eagles that was never published. Sanders later sold the lyrics to Horowitz, who then passed them on to Inciardi and Kosinski. When Henley discovered the lyrics listed for auction, he filed a complaint, leading to the indictment of the three men in 2022. Both Henley and Azoff contended that the subsequent criminal case had merit but was dismissed on a technicality.

Probable Cause and Grand Jury Indictments

Justice Waterman-Marshall underscored that there was “ample probable cause” for the District Attorney to bring charges against Horowitz, indicating that a grand jury’s indictment was based on an extensive, independent investigation. She emphasized that the dismissal did not arise from any bad faith on the part of Henley or Azoff.

Upcoming Appeals and Future Proceedings

Horowitz, along with Inciardi and Kosinski, faced charges related to conspiring to sell nearly 100 pages of allegedly stolen Eagles lyrics, collectively valued at over $1 million. During his testimony in February 2024, Henley revealed that he had previously bought back some pages but opted not to do so when more surfaced later. “I’d already been extorted once,” he stated, expressing his reluctance to repeat that experience.

Next Steps for Horowitz

Horowitz’s attorney has indicated plans to appeal Justice Waterman-Marshall’s dismissal decision. Additionally, Horowitz has a pending malicious prosecution lawsuit against the city of New York. In response to the court’s ruling, Henley’s attorney, Dan Petrocelli, remarked that “the only malicious prosecution was Horowitz’s own lawsuit, which the court promptly and rightly dismissed.”

Conclusion

The dismissal of this high-profile malicious prosecution lawsuit marks a significant legal victory for Don Henley and Irving Azoff. As the case evolves, with appeals on the horizon and additional lawsuits pending, it remains a pertinent topic in the intersection of music, law, and intellectual property rights.

FAQs

What sparked the lawsuit against Don Henley and Irving Azoff?

The lawsuit was initiated by Glenn Horowitz, who was charged with attempting to sell allegedly stolen lyrics from the Eagles’ Hotel California.

What was the outcome of the lawsuit?

The lawsuit was dismissed by a New York County Supreme Court judge due to a lack of evidence presented by Horowitz’s defense.

Will there be an appeal?

Yes, Horowitz’s attorney has indicated plans to appeal the court’s decision.

What were the allegations against Horowitz and the others?

Horowitz, along with Inciardi and Kosinski, were accused of conspiring to sell nearly 100 pages of lyrics valued at over $1 million, with Horowitz facing additional charges related to possession of stolen property.

What did Don Henley testify about during the trial?

Henley testified that he had previously bought back some of the lyrics but refused to do so again due to previous extortion attempts.