Don Henley and his longtime manager Irving Azoff are facing a lawsuit from a man previously charged with a crime but later exonerated. The plaintiff alleges that they engaged in a ?malicious prosecution? concerning the attempted sale of handwritten lyrics related to the Eagles’ iconic 1976 album Hotel California. This legal action claims that the lawsuit has caused significant harm to his personal and professional reputation, alongside financial losses and emotional distress. The case highlights the complexities surrounding intellectual property and the music industry, underlining the potential consequences of wrongful allegations in such high-profile scenarios.
The lawsuit, officially filed in New York state court on Thursday (Feb. 6), names Henley, Azoff, and their legal representatives?Manatt, Phelps & Phillips and Loeb & Loeb. In the complaint, Horowitz contends that these parties falsely accused him and his co-defendants of having knowledge that the lyric sheets were ?unlawfully obtained? while they allegedly attempted to profit from them through an online auction. Horowitz asserts that both he and his legal representatives were aware that the lyrics in question were actually acquired through legitimate means, raising critical questions about the integrity of the accusations made against them in this high-stakes legal battle.
Horowitz, known as a rare book dealer, along with his co-defendants?Rock & Roll Hall of Fame curator Craig Inciardi and memorabilia auctioneer Edward Kosinski?were charged criminally in 2022. This charge stemmed from an alleged conspiracy to resell the handwritten lyrics attributed to Henley during the creation of the Eagles? legendary album, Hotel California. Prosecutors accused the trio of concealing the fact that the documents had been stolen from Henley?s home, allegedly taken by Ed Sanders, a journalist hired by Henley and Azoff to author a book about the Eagles that was never published. The intricacies of this case illuminate the ongoing issues related to ownership and theft in the world of music memorabilia.
In a dramatic turn of events in March 2024, Manhattan prosecutors dropped the case after Henley presented new evidence that had previously been kept under attorney-client privilege. This evidence significantly undermined the allegations made by Henley and Azoff. Following this revelation, the presiding judge dismissed all charges against Horowitz and criticized Henley, Azoff, and their legal teams for ?obfuscat[ing] and hid[ing] information that they believed would be damaging to their position.? This development raises serious concerns about the ethical conduct of those involved in the prosecution and the standards of evidence required in such high-profile cases.
Horowitz?s attorney, Caitlin Robin, claims that the evidence presented by prosecutors and the judge?including a series of emails exchanged between Henley, Azoff, and their legal team?demonstrates their awareness that Sanders had obtained the lyric sheets legally while working on the never-published book about the Eagles. Robin argues that Henley and Azoff deliberately chose to withhold this critical information to protect their own interests, knowing it would exonerate Horowitz and dismantle their fraudulent claims against him. This situation highlights the potential misuse of legal power and the ramifications of failing to disclose exculpatory evidence in legal proceedings.
As a direct result of what he describes as an ?unjust prosecution,? Horowitz asserts that he has been stripped of his liberty and has endured significant humiliation, defamation, media harassment, and damage to his reputation. He estimates his losses?both financially and emotionally?exceed ten million dollars ($10,000,000.00), including mental anguish and feelings of indignity and frustration. Furthermore, the complaint includes claims from Horowitz?s wife, Tracey, who is also a co-plaintiff, asserting that she too has suffered humiliation, defamation, media harassment, and emotional distress stemming from her husband’s legal troubles. This case emphasizes the profound personal impact that legal disputes can have on individuals and their families.
In a statement provided to Billboard, the attorney for Henley and Azoff, Dan Petrocelli, remarked, ?Don Henley was a witness and a victim in a criminal trial brought by the Manhattan District Attorney after a formal indictment of Glenn Horowitz by a New York grand jury. The indictment shed light on the troubling aspects of the memorabilia industry, which exploits the unauthorized acquisition and sale of Mr. Henley?s handwritten lyrics. The only malicious prosecution at play here is the one initiated by Mr. Horowitz against my clients.? This statement reflects the complexities and competing narratives that often arise in high-profile legal disputes involving public figures.
The Horowitz family is seeking damages that exceed the jurisdictional limits of all lower courts in the State of New York, indicating the severity of the claims being made and the potential implications for all parties involved.
As of now, Manatt, Phelps & Phillips and Loeb & Loeb have not responded to Billboard?s inquiries for comment regarding the ongoing litigation and the allegations presented.
