Empire co-creator Lee Daniels and actor Sean Penn could be going head-to-head in a court of law. Penn is suing Daniels for $10 million in a defamation lawsuit, retorting Daniel's claims that Penn was abusive. In a Sept. 16 interview with the Hollywood Reporter, Daniels said that the public's attack of Terrence Howard, who has been accused of domestic abuse, was purely racial. "[Terrence] ain't done nothing different than Marlon Brando or Sean Penn, and all of a sudden, he's some f---ing demon," Daniels said. The lawsuit admits that Penn has had "brushes with the law," but claims he has never been arrested for domestic assault by his ex-wives, one of which is Madonna. Daniels hasn't responded to the lawsuit. [NBC News]

(l-r): Thomas Niedermueller/Getty Images, Frederick M. Brown/Getty Images

Penn filed the lawsuit in September after Daniels' compared Terrence Howard's alleged abuse to claims against Penn.

Taylor Lewis
Feb, 03, 2016

Five months after Sean Penn filed a defamation lawsuit against Empire co-creator Lee Daniels, Daniels has filed a motion asking a California judge to drop the case.

Philly.com reports that Daniels issued the request earlier this week.

Lee Daniels Expected to Pay Sean Penn’s Legal Fees

“Dismissal is required because the core of the complaint—that Daniels wronged Penn by falsely comparing Penn to someone else—is constitutionally (to quote Penn’s iconic movie character Jeff Spicoli) ‘bogus,’” Daniels’ complaint alleges.

Penn filed the lawsuit in September after Daniels dismissed abuse claims against Terrence Howard, comparing him to Penn.

Screen Actors Guild Sues Lee Daniels for $335k Over Unpaid Residuals

“[Terrence] ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden, he’s some f-ing demon,” Daniels said. “That’s a sign of the time, of race, of where we are right now in America.”

In November, Daniels was ordered to pay Penn’s legal fees, though the exact amount has not been publicized.