Danny Elfman is asking that what remains of a pianist’s defamation lawsuit filed against him be resolved in arbitration, but the plaintiff is contesting his request, saying he never raised the arbitration issue until recently.
Nomi Abadi’s attorneys filed court papers on Monday with Los Angeles Superior Court Judge William E. Weinberger in advance of an Oct. 23 hearing urging him to deny Elfman’s arbitration motion. Abadi’s lawsuit pertains to remarks Elfman made during a July 2023 Rolling Stone interview. Elfman’s denials of Abadi’s allegations of repeated sexual harassment and misconduct were included in an investigative piece about a settlement he made with his former mentee.
“Not once during the two-plus years since this defamation case was filed did Elfman so much as breathe the word `arbitration,”’ Abadi’s lawyers write in their pleadings. “Instead, he substantially invoked the litigation machinery of this court to seek decisions on the merits.”
Abadi’ s single claim for defamation does not fall within the narrow scope of the arbitration provision of the parties’ 2018 settlement agreement, which by its own terms pertains only to disputes related to the enforcement or interpretation of that accord and not an independent cause of action like defamation, according to Abadi’s attorneys’ court papers.
Elfman has admitted the arbitration provision is “narrow” and he would have an unfair strategic advantage if allowed to take a position that directly contradicts one he earlier argued on the same issue, the pianist’s attorneys further state in their court papers.
In a final ruling issued Christmas Eve 2024, then-Judge Gail Killefer rejected Elfman’s anti-SLAPP motion, which cited the litigation privilege. The state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
On May 27, a three-justice panel of the Second District Court of Appeal partially overturned Killefer’s ruling. In September, Elfman’s attorneys filed court papers asking that Abadi be ordered to arbitrate her defamation allegation. The Elfman lawyers note in their court papers that Elfman and Abadi are already awaiting arbitration of the woman’s claims in a separate lawsuit in which she alleges the film and television composer breached the terms of a sexual harassment settlement agreement and owes $85,000.
“Because the arbitration provision encompasses Ms. Abadi’s defamation claim, this action should be compelled to arbitration,” according to Elfman’s attorneys’ pleadings. “The parties can and should resolve their disputes in a single, unified proceeding, without needless duplication of time, money, and effort.”
In the alternative, Weinberger should refer the defamation case to the arbitrator for a decision and stay the action pending the arbitrator’s resolution of the entire matter, according to Elfman’s lawyers’ pleadings.
Abadi’s attorneys previously filed court papers with Judge Karine Mkrtchyan, who is managing the contract case, informing her that arbitration before retired federal Judge Carla Woehrle is scheduled to begin March 9-12, 2027.
The 73-year-old Elfman’s legal team includes attorney Camille M. Vasquez, who was Johnny Depp’s lawyer in his dueling lawsuits with former spouse Amber Heard. According to the composer’s attorneys’ court papers, once Abadi’s romantic aspirations were dashed, the plaintiff turned on Elfman and made up a story that he had “behaved inappropriately around her.”