{"id":47927,"date":"2025-11-21T22:30:07","date_gmt":"2025-11-21T22:30:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/47927\/"},"modified":"2025-11-21T22:30:07","modified_gmt":"2025-11-21T22:30:07","slug":"don-henley-wins-dismissal-of-lawsuit-tied-to-stolen-eagles-lyrics-spat","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/47927\/","title":{"rendered":"Don Henley Wins Dismissal of Lawsuit Tied to Stolen Eagles Lyrics Spat"},"content":{"rendered":"

\n\tA judge has dismissed a wrongful prosecution lawsuit<\/a> brought by a rare books dealer, who was previously accused of trying to sell stolen copies of handwritten Eagles lyrics<\/a>.\u00a0<\/p>\n

\n\tGlenn Horowitz was one of three defendants in the criminal case<\/a> last year<\/a>, which prosecutors ultimately abandoned mid-trial<\/a> after admitting new information had come to light and that their \u201cconfidence in the merits of this case\u201d had faltered. Earlier this year, Horowitz filed a civil suit against the Eagles<\/a>\u2019 Don Henley<\/a> and the band\u2019s longtime manager, Irving Azoff<\/a>, accusing them of malicious prosecution, intentional infliction of emotional distress, and more.<\/p>\n

\n\tBut earlier this month, a New York State Supreme Court judge granted Henley and Azoff\u2019s motion to dismiss the suit. Kathleen Waterman-Marshall said the Manhattan District Attorney\u2019s Office had \u201cample probable cause\u201d to pursue a criminal case against Horowitz, noting that a grand jury had indicted him \u201cbased upon the\u00a0 DA\u2019s independent and years-long investigation.\u201d<\/p>\n

\n\tWaterman-Marshall also referenced the document dump that led to the abandonment of the criminal trial. She noted that none of the documents \u201cwere found to exculpate\u201d Horowitz, nor did their release \u201cresult from any bad faith conduct on the part of the defendants.\u201d\u00a0<\/p>\n

\n\tRather, as she stated in court proceedings, the prosecution\u2019s dismissal of the case was \u201cbased upon the inability of Mr. Horowitz\u2019s defense to be presented with certain information.\u201d She added that \u201cthere\u2019s no finding that that information was withheld by Mr. Henly or any of the Defendants for an improper purpose.\u201d\u00a0<\/p>\n

\n\tDan Petrocelli, a lawyer for Henley and Azoff, celebrated the decision, telling Rolling Stone in a statement, \u201cThe only malicious prosecution was Horowitz\u2019s own lawsuit, which the Court promptly and rightly dismissed.\u201d\u00a0<\/p>\n

\n\tHorowitz\u2019s lawyer, Caitlin Robin, said, \u201cWe are appealing\u00a0and moving to renew and reargue the judge\u2019s dismissal against Don Henley and Irving Azoff.\u201d She also noted that Horowitz is still pursuing a malicious prosecution suit against the city of New York.<\/p>\n

\t\tEditor\u2019s picks<\/p>\n

\n\tHorowitz was one of three defendants charged in the criminal case, which involved over 100 pages of allegedly stolen drafts of songs from the Eagles\u2019 Hotel California, written by Henley and Glenn Frey. When some of those pages were considered for auction in the 2010s, Henley claimed they were stolen, taking the case to the Manhattan DA\u2019s office, which indicted Horowitz and the two others in summer 2022.\u00a0<\/p>\n

\n\tIn his civil suit, Horowitz said he and a business partner, John McWhinnie, purchased the lyrics from writer Ed Sanders, who\u2019d obtained them in the late Seventies, when he was contracted to write a biography about the Eagles. (The book was scrapped, but Sanders held onto the material.) Horowitz said he and McWhinnie eventually sold the lyrics to Rock & Roll Hall of Fame curator Craig Inciardi and rock memorabilia dealer Edward Kosinski in 2012. Henley got involved when those two tried to put some lyrics up for auction; by then, Horowitz insisted, his affiliation with the lyrics was \u201cterminated\u201d and \u201cnever to be reassumed.\u201d\u00a0<\/p>\n

\n\tOver the next few years, Kosinski and Inciardi tried to sell excerpts from the lyrics on several occasions, and Henley kept trying to stop them. At one point, Horowitz claimed Henley filed a report with the Los Angeles Sheriff\u2019s Department \u201cin which he falsely alleged\u201d that the papers \u201cconsisted stolen property.\u201d And in 2016, the Manhattan DA\u2019s office got involved.<\/p>\n

\n\tHorowitz claimed that Henley \u201cknew or should have known\u201d that Horowitz\u2019s previous possession and sale of the lyrics was \u201clawful.\u201d Nevertheless, the rocker \u201cpursued and materially assisted in the commencement and continuation of criminal proceedings against [Horowitz] by making false statements to law authorities.\u201d\u00a0<\/p>\n

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\n\tBut in dismissing his suit, Waterman-Marshall said that Henley\u2019s \u201creport to law enforcement that his property had been stolen does not constitute the type of outrageous conduct\u201d that would legally be considered intentional infliction of emotional distress.\u00a0<\/p>\n

\t\tTrending Stories<\/p>\n

\n\tHenley, for his part, has maintained that the notepads were his property. He claimed that the contract Sanders signed to write the book stipulated that all \u201cmaterials\u201d given to him for his research remained the property of the Eagles, meaning he had no right to sell them.<\/p>\n

\n\tAlong with Horowitz\u2019s separate case against the city of New York, Henley has a pending lawsuit of his own in New York as he seeks to reclaim the lyrics sheets<\/a>. The handwritten notes have remained in the custody of the Manhattan DA\u2019s office since the conclusion of the criminal trial, pending a decision over their rightful owner.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"A judge has dismissed a wrongful prosecution lawsuit brought by a rare books dealer, who was previously accused…\n","protected":false},"author":2,"featured_media":47928,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[27104,4085,27105,75,84,83,9,24,63],"class_list":{"0":"post-47927","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-manhattan","8":"tag-don-henley","9":"tag-eagles","10":"tag-irving-azoff","11":"tag-manhattan","12":"tag-manhattan-headlines","13":"tag-manhattan-news","14":"tag-new-york","15":"tag-new-york-city","16":"tag-nyc"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/47927","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=47927"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/47927\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/47928"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=47927"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=47927"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=47927"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}