Elizabeth Flynt, the widow of media mogul and First Amendment defender Larry Flynt, and Bienert Katzman Littrell Williams LLP client, scored a complete victory in the lawsuit filed against her by Mr. Flynt’s estranged brother, Jimmy Flynt. The federal court partially granted BKLW’s motion to dismiss, substantially narrowing Jimmy’s claims. Almost immediately, Jimmy then entered into a walkaway settlement with Mrs. Flynt where he dismissed all of his claims with prejudice, gained nothing, and was precluded from appealing or bringing the meritless suit again, ending years of harassment towards Mrs. Flynt and the Hustler companies.

The BKLW defense team, led by Partner Whitney Z. Bernstein, kept pressure on Jimmy and his counsel by continuously holding them accountable for repeated missed deadlines, incomplete filings, and violations of discovery orders. Jimmy and his counsel, who had been ordered to show cause why they should not be held in contempt and sanctioned, instead surrendered on the eve of the hearing with a settlement agreement and general release barring Jimmy, his heirs, and anyone else associated with him from suing Mrs. Flynt and the Flynt entities at any time in the future.

“This is a complete victory for Mrs. Flynt and a vindication of her refusal to be shaken down or bullied,” said Whitney. “Jimmy Flynt and his team recognized that they had no choice but to surrender and dismiss their claims with prejudice without receiving a single penny.”

Jimmy filed the lawsuit in federal court in California in early 2022, a year after Mr. Flynt’s passing, claiming he was owed half of Mr. Flynt’s vast estate based on an alleged verbal agreement from decades earlier. But after a year and a half of litigation, Jimmy remained unable to point to any evidence supporting his story and eventually admitted in his deposition that no documentation of any alleged promise ever existed.

“My client is glad to be able to put this frivolous lawsuit behind her and to remain squarely focused on the future of her company and honoring Mr. Flynt’s legacy,” Whitney said after the dismissal.

In addition to Whitney, the BKLW defense team included partners Thomas H. Bienert, Jr. and Michael R. Williams; attorneys Anne A. Uyeda and Nancy J. Sandoval; paralegal Toni Thomas; and project assistant Michelle Dillon.

Read more about BKLW and Mrs. Flynt’s victory in the press:

Related Insights

Oct 15, 2024 Case Successes

BKLW secures dismissal of appeal of bankruptcy court lawsuit seeking more than $10 million in damages

Bienert Katzman Littrell Williams LLP partner Tony Bisconti and associate Carlos Nevarez successfully obtained an order from the U.S. District Court for the Central District of California dismissing an appeal arising from a...
Jun 29, 2024 Case Successes

Anti-child trafficking rescuer dismissed with prejudice from alleged abuse case

On June 27, 2024, a Utah Court dismissed all claims against Bienert Katzman Littrell Williams LLP’s client Timothy Ballard with prejudice. BKLW partners Thomas H. Bienert, Jr. and Whitney Z. Bernstein, associates Alexis...
May 14, 2024 Case Successes

Motion to dismiss secured for high-profile client in alleged abuse case

On May 9, 2024, a Utah Court dismissed the case against Bienert Katzman Littrell Williams LLP’s client Katherine Ballard with prejudice under Utah’s newly enacted Uniform Public Expression Protection Act (Utah.Stat. §...