State Champ Radio Lawsuit
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The rock band Sublime has filed a legal malpractice lawsuit against the prominent music law firm King Holmes Paterno & Soriano LLP, accusing its former attorneys of a “pattern of self-dealing” that was rife with conflicts of interest.
In a complaint filed last week in Los Angeles court, Sublime claims that Howard King, Peter Paterno and Joseph M. Carlone committed a wide range of malpractice while representing the band, including brokering a merchandise deal with one of the firm’s other clients that the band alleges cost it millions of dollars.
The lawsuit claims that King Holmes — a storied music industry law firm with a star-studded list of clients — “failed in their ethical, fiduciary, and lawyerly obligations to protect the interests of their clients.”
“Behind their façade as music industry power brokers, KHPS’ number one priority was not their client Sublime’s legal and business goals, but rather KHPS’ own financial and business interests,” the band’s new attorneys write. “Despite holding themselves out to the public as highly experienced in the business side of music, … defendants engaged in a pattern of self-dealing that was rife with potential and actual, conflicts of interest.”
When reached for comment on the allegations Thursday, Howard King told Billboard simply: “Welcome to Fantasyland. Please enjoy the ride.”
The case was filed by Sublime’s surviving members, Eric Wilson and Bud Gaugh, as well as by the widow and son of Bradley Nowell, Sublime’s original lead singer who died of a drug overdose in 1996. The band’s corporate entities — Sublime Merchandising LLC and Jake And Troy Brand LLC — were also named as plaintiffs.
King Holmes Paterno & Soriano touts an eye-popping list of music industry clients, from Dr. Dre to Pharrell Williams to Blink-182 to the Tupac Shakur estate. King famously represented Williams and Robin Thicke in the “Blurred Lines” copyright case; Paterno represented Metallica in its legal battles against Napster over internet piracy.
But in its complaint, Sublime accuses King Holmes of “playing both sides” on multiple occasions. In one instance, the firm allegedly failed to disclose that it was representing both the band and former manager Dave Kaplan on the same transaction, even though the two sides had “adverse interests” in the deal. In another, the band claims that King Holmes steered the band into a merchandise deal without disclosing that the company was another one of the firm’s clients.
“Instead of negotiating the most lucrative terms for Sublime on the open market among multiple potential merchandising vendors, KHPS participated in self-dealing,” the band wrote. “KHPS misadvised SUBLIME which resulted in SUBLIME entering into an agreement with FEA, which triggered far less lucrative terms and merchandising royalties than Sublime would have otherwise gotten if they had been taken to the open market at that time.”
In another incident, Sublime claims that Paterno and Carlone failed to disclose that they had negotiated producer credits and fees for themselves on a documentary about the band, allegedly creating another undisclosed conflict of interest.
“Sublime never requested that Paterno make himself a producer, nor Carlone make himself a co producer on the documentary,” the lawsuit reads. “Paterno not only covertly insisted on and obtained this producer title and hefty sum of money, but he then shockingly billed SUBLIME thousands upon thousands of dollars in legal bills for time spent negotiating and obtaining the terms of his producer credit and fee.”
A federal judge ruled Wednesday (Jan. 31) that a tribute band sued by Earth, Wind & Fire for trademark infringement can continue to try to prove its bold counterargument: That the legendary R&B group abandoned the intellectual property rights to its name.
Faced with a lawsuit for using the name “Earth Wind & Fire Legacy Reunion” at concerts, the smaller act argued last summer that the original group had allowed plenty of other tribute bands to use its name without repercussion — so many, in fact, that it could no longer claim any exclusive legal rights to it.
Lawyers for Earth, Wind & Fire have called that argument meritless and demanded that it be dismissed, but in a decision Wednesday, Judge Federico A. Moreno refused to do so. Though he said Legacy Reunion might ultimately find it “difficult” to prove that “abandonment” argument, he said they had “done enough” to avoid having it tossed out entirely in the early stages of the case.
Earth, Wind & Fire has continued to tour since founder Maurice White died in 2016, led by longtime members Philip Bailey, Ralph Johnson and White’s brother, Verdine White. The band operates under a license from an entity called Earth Wind & Fire IP, a holding company owned by Maurice White’s sons that formally owns the name.
In a March lawsuit, that company accused Legacy Reunion of trying to trick consumers into thinking it was the real Earth Wind & Fire. Though it called itself a “Reunion,” the lawsuit said the tribute band contained only a few “side musicians” who briefly played with Earth, Wind & Fire many years ago.
“Defendants did this to benefit from the commercial magnetism and immense goodwill the public has for plaintiff’s ‘Earth, Wind & Fire’ marks and logos, thereby misleading consumers and selling more tickets at higher prices,” the group’s lawyers wrote.
Tribute acts — groups that exclusively cover the music of a particular band — are legally allowed to operate, and they often adopt names that allude to the original. But they must be clear that they are a tribute band, and they can get into legal hot water if they make it appear that they are affiliated with or endorsed by the original. In 2021, ABBA filed a similar case against a what it called a “parasitic” band called ABBA Mania.
Facing the lawsuit filed by Earth, Wind & Fire, Legacy Reunion filed a response in August that listed out a dozen other tribute acts that allegedly feature “Earth, Wind & Fire” as part of their name. Legacy Reunion argued that since the original band had “taken no action to enforce its purported trademark rights,” it had legally abandoned them.
“Due to the unchecked third-party use of the phrase, [EW&F] has abandoned ‘Earth, Wind & Fire,’ and [the name] has lost its trademark significance,” wrote attorneys for Substantial Music Group, which operates Legacy Reunion.
In a response fired back in September, attorneys for Earth, Wind & Fire said the band had very obviously not abandoned its rights to the name, adding that the “bare allegations” made by Legacy Reunion, combined with just a “handful” of other tribute bands, falls “woefully short” of what they would need to prove.
Wednesday’s decision by Moreno rejected Earth, Wind & Fire’s motion to dismiss the abandonment argument, but it does not mean that Legacy Reunion has evaded the band’s infringement allegations. To the contrary, the smaller group must now actually prove that argument in future proceedings.
An attorney for the Earth, Wind & Fire did not immediately return a request for comment.
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A radio host is suing 50 Cent for a wild moment where he tossed a microphone into the audience that struck her in the face during one of his concert tour dates.
According to reports, 50 Cent has been hit with a lawsuit by a radio host who claims that a faulty microphone thrown off stage by the rapper struck her, citing that she had “severe and permanent injuries”. The lawsuit was brought by Bryhana Monegain, a radio host with Power 106 in Los Angeles, California. Monegain says that the “Get Free or Die Tryin’” rapper was performing at Crypto.com Arena during his “Final Lap Tour” on August 23, 2023, and had difficulties with his microphone. He threw it into the crowd, and she claimed it struck her in the forehead and wrist.
In the legal documents of the suit filed with the court, Monegain described being transported from the arena to a nearby hospital where she was treated for a forehead laceration, concussion, and pain in her left wrist. Video footage from the concert shows 50 Cent tossing the microphone off stage but it doesn’t precisely capture where it lands. Photos of Monegain show the alleged bruising from the incident, with her head wrapped in gauze. The radio DJ is suing for past and future wages lost, a repayment of her medical expenses, and her attorney fees. She had filed criminal charges against the 48-year-old mogul, but he was cleared of those last November.
“Let’s be very clear, as I told LAPD this afternoon, my client Curtis would never intentionally strike anyone with a microphone,” said Scott Leemon, 50 Cent’s attorney at the time. “Anyone saying something different doesn’t have all the facts and is misinformed.”
The case is currently still open under the supervision of the L.A. City Attorney’s office for a year from the date of the incident, and can be re-visited if there is contact between those two. 50 Cent has not offered any comment.
SiriusXM and Stitcher will not have to face a lawsuit from former Dawson’s Creek star James Van Der Beek accusing them of reneging on a $700,000 podcast deal.
Los Angeles Superior Court Judge Robert Broadbelt, in a tentative order issued on Friday, dismissed the suit, finding that the audio giant “did not enter into a contract” with the actor since they didn’t finalize the agreement.
Van Der Beek said he reached a deal over email with executives from SiriusXM to host 40 episodes in exchange for a $700,000 minimum guarantee and a 50 percent cut of the net ad revenue. He sued in 2022 after the company walked away from the agreement.
Ruling in favor of SiriusXM on summary judgment, the court concluded that the two sides aren’t bound by an April 2022 document outlining the terms of the deal. It pointed to the first page of the proposal, which states that it’s for “discussion purposes only, is not a binding commitment in any respect, and is not to be interpreted in any respect as a binding commitment to negotiate.”
There was extensive evidence presented to the court referencing the need to sign a definitive, longform agreement contemplated in the initial proposal. Included among them was an email from Stitcher’s Associate Director of Business Development Leah Reis-Dennis, who stated in an April 2022 email “we are ready to call terms officially closed and (finally!) get the longform started.”
Van Der Beek argued that the proposal constitutes a valid, binding contract because Reis-Dennis made various comments indicating that the terms were “closed.”
“However, in those emails, Reis-Dennis also stated that Defendants would be working to begin drafting the longform agreement or request that the longform be drafted,” stated the order, which noted that the actor’s transactional lawyer also discussed having to sign the document to lock down the deal.
Broadbelt also rejected arguments that SiriusXM should be bound by the April 2022 document because the company already started to fulfill some of its terms by beginning the process of hiring a senior producer and requesting Van Der Beek’s payroll information.
In a declaration to the court, Reis-Dennis testified that she requested “loanout info” in order to set up payments to the actor but clarified that she would pay him only “if that agreement was signed.”
The order explained, “Plaintiff has not presented any evidence or argument showing that Reis-Dennis’s request for information to set up payments in the future (1) is inconsistent with the earlier statements that the parties would be bound only upon the execution of a longform agreement, or (2) constitutes an outward manifestation that Defendants intended to be bound by the terms of the April 28 Proposal without such a longform agreement.”
Van Der Beek brought claims relating to breach of contract and sought damages exceeding the $700,000 agreement.
SiriusXM, which was represented by Jordan Susman of Nolan Heimann, didn’t respond to a request for comment.
This article was originally published by The Hollywood Reporter.
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Ice Spice will now have to defend her name in a court of law. One of her peers says she lifted a large part from his song for “In Ha Mood”.
Digital Music News is reporting that the Bronx, New York native is being sued by a Brooklyn MC for allegedly shark biting. On Wednesday, Jan. 17 D. Chamberz (born Duval Chamberlain) filed a lawsuit at Brooklyn Federal Court against Ice Spice. He claims that her 2023 hit “In Ha Mood” took elements from his 2021 single “In That Mood”. The submitted paperwork details his complaint saying “by every method of analysis, ‘In Ha Mood’ is a forgery. Any proper comparative analysis of the beat, lyrics, hook, rhythmic structure, metrical placement, and narrative context will demonstrate that ‘In Ha Mood’ was copied or principally derived from ‘In That Mood.’”
His legal team would also allege that the resemblances have been noticed by Hip-Hop fans prior to the filing. “Non-expert listeners have independently pointed out that Defendants ‘stole’ ‘In That Mood’ in creating ‘In Ha Mood,’” his lawyer wrote. “The two songs clearly employ numerous noticeably similar composition elements and lyrics, which result in a sound and feel that are very much alike.”
They also speculate that Ice Spice’s producer RIOTUSA was familiar with “In That Mood” saying that he posted an Instagram Story of him listening to New York radio station HOT97 minutes prior to the song being played. Additionally the lawsuit points to RIOTUSA’s father DJ ENUFF, a radio personality on HOT97, that “actively engaged with D. Chamberz’s social media content.”
Ice Spice has yet to publicly comment on the matter. You can listen to “In That Mood” below.
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Madonna is facing a federal class action lawsuit because she allegedly started three New York City concerts later than scheduled, a delay that her accusers say caused real legal harm to ticket buyers who “had to get up early to go to work” the next day.
In a complaint filed Wednesday (Jan. 17) in Brooklyn federal court, ticket buyers Michael Fellows and Jonathan Hadden claim the Material Girl breached her contract with concertgoers and violated New York state laws by starting three December shows past 10:30 rather than the scheduled 8:30.
“Defendants’ actions constitute not just a breach of their contracts … but also a wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices,” attorneys for the two men write.
The three concerts at Brooklyn’s Barclays Center, stops on Madonna’s Celebration Tour, were originally scheduled for July but rescheduled to December due to the singer’s illness. Fellows and Hadden say they expected their show (Dec. 13) to start on time, and “would not have paid for their tickets had they known that the concerts would start after 10:30 p.m.”
“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised,” attorneys for the two men write.
Leaving Barclays Center after 1:00 a.m., the two men say ticket buyers were “left stranded in the middle of the night,” some “confronted with limited public transportation” options and others with increased prices for ride-share services. They also point out that the concert took place “on a weeknight,” meaning they “had to get up early to go to work and/or take care of their family responsibilities the next day.”
In addition to Madonna herself, the lawsuit also names Live Nation and Barclays Center as defendants. In technical terms, the complaint alleges breach of contract; violation of New York’s business practices and false advertising laws; and several other forms of wrongdoing, including unjust enrichment.
The lawsuit also includes a claim of so-called negligent misrepresentation, saying the concert organizers “knew or should have known” that the concerts would not start at 8:30 because of alleged past instances of Madonna taking the stage late — and should have warned fans.
“Madonna has a long history of arriving and starting her concerts late, sometimes several hours late,” attorneys for Fellows and Hadden write. “This history occurred throughout her 2016 Rebel Heart Tour, her 2019-2020 Madame X Tour, and prior tours, where Madonna continuously started her concerts over two hours late.”
Reps for Madonna and Live Nation did not immediately return requests for comment.
Read the entire lawsuit against Madonna here:
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R. Kelly is pushing back against a $10.5 million lawsuit settlement against him, claiming that he could not address the lawsuit because he can’t read, among other reasons.
On Tuesday (January 16), legal documents were disclosed revealing R&B artist R. Kelly is challenging a $10.5 million settlement from a lawsuit that he lost in August 2023. Besides stating that he was unaware of it due to the number of lawsuits filed against him, Kelly claims he relies on his legal team to explain the lawsuits against him. “I rely on my lawyers to explain things to me because I cannot read or understand words beyond that of a grade-schooler,” Kelly said in the documents.
R. Kelly also reportedly argues in the documents that the co-defendant and former manager Donnell Russell should be solely responsible for paying the $10.5 million judgment that the court rendered. The lawsuit was filed by six women who claimed that in 2018, Kelly and Russell attempted to stop a screening of the documentary series Surviving R. Kelly in New York City, with Russell being accused of calling in a mass shooting threat to the movie theater where the screening was to take place. Kelly denied his involvement, saying that Russell wasn’t even his manager. “He did that for his own reasons,” the documents read.
Each woman in the lawsuit is slated to receive between $1.1 and $2.5 million from the judgment. These damages would be added to payments that the disgraced singer was ordered to pay out by U.S. District Judge Ann Donnelly from his royalties. R. Kelly is currently in prison in North Carolina and is expected to serve out sentences totaling up to thirty years after being convicted of sex trafficking and racketeering. Russell was sentenced to one year in prison after being convicted of violent intimidation.
A statement from Kelly’s lawyer, Jennifer Bonjean, offered some clarification to the reports. “We are absolutely pushing back on the $10.5 million default judgment that was entered against him without notice and without a sound legal justification,” the statement began. “It would be simplistic and silly to write that the basis for our motion to vacate the windfall judgment relates solely to his illiteracy (although he is in fact functionally illiterate per formalized testing). The more significant problem is that there was no legal basis to enter the default judgment on the merits.”
Mötley Crüe co-founder Mick Mars has won a court order against his former bandmates, but the legal battle over his exit from the band is far from over.
In a decision Tuesday (Jan. 16), a Los Angeles judge ruled that the band should have handed over financial records, operating agreements and other key information earlier — and that Mars was therefore entitled to be repaid the legal bills he spent suing to win access to those files.
“The requests were not burdensome. Yet, Mars was compelled to file suit, and it appears plain that production would not have occurred without it. Mars is entitled to attorney fees,” Los Angeles Superior Court Judge James C. Chalfant wrote in the ruling, which was obtained by Billboard.
Since the band ultimately ended up handing over those files in December, the judge ruled Tuesday that Mars’ court case is now legally moot. But he ruled that the band’s delay had been improper, meaning they owed Mars reimbursement: “These documents should have been produced without the need for prodding by Mars.” The total amount of legal fees will be decided in future proceedings.
The decision is a win for Mars, who claimed in court filings that Mötley Crüe was trying to make sure he “spends as much money as possible” so that he would be “starved out.” But it does not mean he has won his case against the band. The real battle, over whether his bandmates breached their contract by kicking him out, is going to take place in a private arbitration case that remains pending.
The civil war within Crüe first burst into the open in April, when Mars filed his lawsuit claiming he had been unceremoniously terminated by his “brothers of 41 years.” Though technically only seeking access to the band’s records, the lawsuit disclosed for the first time that the two sides were already locked in arbitration proceedings over his exit from the band.
In the complaint, Mars argued the band had moved to illegally deprive him of his 25% ownership stake in the group, a move he claimed came after he made the “tragic announcement” that he could no longer tour due to an arthritic condition called ankylosing spondylitis.
The band quickly responded, saying it “did not owe Mick anything” under existing band agreements and had done nothing wrong. They cited sworn declarations in which numerous touring staffers stated that Mars had repeatedly made serious errors on stage before he exited the band, including suddenly “playing a different song in a middle of another one” and “forgetting chords and songs.”
With that core dispute still unresolved and set to be decided by an arbitrator later this year, both sides portrayed Tuesday’s court ruling as a victory.
The band’s lawyer, Sasha Frid, pointed to the fact the judge declared Mars’ case moot: “The case is over. That’s the key takeaway. By denying the petition as moot and ending the case, the court found that the band turned over all the documents to Mars and there is nothing more to do. The band went above and beyond its obligations by providing much more documents than the statute required.”
Mars’ lawyer Ed McPherson, meanwhile, sharply rejected that interpretation: “If it makes the band feel better to say that they won, that is fine — but they apparently haven’t read the judge’s decision. When the judge says that they failed to produce documents ‘without justification,’ and he orders them to pay Mick’s attorneys’ fees, that does not feel like a win for the band to me!”
A year after the legal battle over Prince’s estate was finally settled, the music legend’s heirs are now suddenly back in court again, battling amongst each other over allegations that certain family members are trying to wrongfully seize control.
The lawsuit, made public Wednesday (Jan. 10) in Delaware court, amounts to a civil war among the members of Prince Legacy LLC, one of the two holding companies created to run the star’s $156 million estate. (Primary Wave, which owns the other half of the estate, is not involved in the dispute.)
The case was filed by L. Londell McMillan and Charles Spicer, two longtime Prince friends who serve as managers for Prince Legacy, over allegations that four of Prince’s family members have been improperly trying to force them out of the company. They say such a move not only violates the group’s operating agreement but would cause massive damage to efforts “to preserve and protect Prince’s legacy.”
“The Individual defendants lack any business and management experience, have no experience in the music and entertainment industries, and have no experience negotiating and managing high-level deals in the entertainment industry,” McMillan and Spicer wrote in the complaint, obtained by Billboard. “They have a documented history of infighting. Based on the amount and complexity of the work that Prince Legacy is involved with, they are simply not capable of stepping in and managing its business.”
The lawsuit targets Prince’s half-sisters Sharon Nelson and Norrine Nelson, as well as his niece Breanna Nelson and his nephew Allen Nelson. None of the defendants could immediately be located for comment, and attorneys who have previously represented them did not return requests for comment.
If Sharon and Norrine “install themselves” and oust McMillan and Spicer, the lawsuit claims that “their interference and intervention will make it impossible to carry on the business of Prince Legacy and will cause irreparable harm to the Company’s good will, existing relationships, and revenue streams.”
Prince died of a fentanyl overdose in April 2016 at the age of 57. Though legendary for his tight control over his intellectual property rights, the iconic artist died without a will, sparking a complex process known as probate in which courts decide how to disperse a deceased person’s estate. Six of Prince’s half-siblings were named as heirs, three of whom later sold their shares to Primary Wave.
The court case finally wrapped up in August 2022 when the estate was formally divided evenly between Prince Legacy (owned by McMillan, Spicer and the remaining heirs) and a similar company called Prince Oat Holdings LLC, which is owned entirely by Primary Wave. At the time, both sides vowed to work together to bring Prince’s music and legacy to a new generation of music fans.
But according to Wednesday’s lawsuit, tensions quickly rose at Prince Legacy behind closed doors. McMillan and Spicer, installed as managing members of the company, claim that Sharon became “disgruntled” because they refused to comply with her “unreasonable demands” about the operations of the estate, and was “offended” her actions were subject to approval from the rest of the company.
“For example, Sharon sought (unsuccessfully) to replace the entire staff of Paisley Park with individuals of her choosing and take charge of Paisley Park,” the lawsuit claims, referring to Prince’s famed Minnesota mansion. “Her demands for lavish events held at Paisley Park at the expense of Paisley Park were likewise rejected.”
Breanna, meanwhile, allegedly became displeased when similar efforts were rejected. Among other demands, the lawsuit claims she to tried to “appoint her son as an intern of Paisley Park in the marketing department” and make other key hires without consulting the company.
Rather than raise their grievances in an appropriate manner, McMillan and Spicer claim that Sharon and Breanna instead “harassed and disparaged” the two managers while demanding that they resign. They say Sharon threatened to publish “false allegations” and sue them unless they would step down.
Perhaps most notably, the lawsuit claims that both women then attempted to unilaterally sell their shares in the holding company to Primary Wave — a contentious subject that evokes the years of messy litigation and dealing that it took to finally resolve the estate case in the current 50-50 structure.
In the lawsuit, McMillan and Spicer say such a sale could not be made without unanimous consent of the members of Prince Legacy. Faced with that limitation, the lawsuit claims that the heirs have been trying to change the company’s bylaws — both to remove McMillan and Spicer as managers and to lower the threshold required to let a member sell their shares to a third party.
The lawsuit is seeking an immediate injunction, blocking any such changes from taking place on the grounds that it would leave the company “irreparably harmed” if allowed to proceed.
“The Individual Defendants’ conduct threatens the myriad business undertakings of Prince Legacy, currently being managed by McMillan and Spicer and threatens the Company’s relationship with third parties and its leverage in negotiating those deals,” the lawsuit says.
Nigel Lythgoe has stepped down as a judge of So You Think You Can Dance amid a lawsuit by Paula Abdul accusing him of sexual assault, Variety reported on Friday (Jan. 5).
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“I have informed the producers of ‘So You Think You Can Dance’ of my decision to step back from participating in this year’s series,” Lythgoe, who is also an executive producer of the show, said in a statement to the publication. “I did so with a heavy heart but entirely voluntarily because this great program has always been about dance and dancers, and that’s where its focus needs to remain. In the meantime, I am dedicating myself to clearing my name and restoring my reputation.”
Fox, 19 Entertainment and Dick Clark Productions added in a statement the upcoming season, which will premiere on March 4, “will proceed, although without Nigel Lythgoe, to ensure the show remains committed to the contestants, who have worked incredibly hard for the opportunity to compete on our stage.”
Allison Holker and Maksim Chmerkovskiy have been previously announced as judges on the upcoming 18th season.
Lythgoe’s departure comes amid a lawsuit from Paula Abdul, filed in Los Angeles County Superior Court on Friday (Dec. 29) and obtained by Billboard, claiming that the former American Idol and So You Think You Can Dance producer sexually assaulted her on two occasions. The first instance allegedly occurred during one of the early seasons of American Idol and the second took place in 2014 when she was in talks to judge So You Think You Can Dance.
Abdul alleges in the suit that Lythgoe first sexually assaulted her in an elevator of a hotel where they were both staying while traveling for one of Idol‘s “initial seasons.” It does not state a specific year the alleged incident occurred.
Abdul’s complaint claims that Lythgoe sexually assaulted Abdul again in 2014 when she was approached for a judging position on So You Think You Can Dance. The alleged incident took place during a dinner at his home where the two were supposed to discuss her professional opportunities, according to the lawsuit. See the full details of her lawsuit here.
Lythgoe denied the claims, saying in a statement that he was “shocked and saddened” to hear of the allegations made by Abdul, who he said he considered a “dear” and “entirely platonic” friend, The Associated Press reports.
“While Paula’s history of erratic behavior is well-known, I can’t pretend to understand exactly why she would file a lawsuit that she must know is untrue,” Lythgoe said in the statement. “But I can promise that I will fight this appalling smear with everything I have.”
