Judge Denies Mental Exam For Love
Courtney Love will not be required to submit to a court-ordered psychiatric evaluation, a Seattle judge ruled yesterday (April 24). In a written ruling, Washington State Superior Court Judge Robert AlCourtney Love will not be required to submit to a court-ordered psychiatric evaluation, a Seattle judge ruled yesterday (April 24). In a written ruling, Washington State Superior Court Judge Robert Alsdorf said that the former bandmates of late Nirvana founder Kurt Cobain failed to show that his widow suffers from "an identifiable mental problem" that would require the exam.
Lawyers for surviving Nirvana members Dave Grohl and Krist Novoselic had requested that Love undergo an examination in hopes it will prove their claim that she "is irrational, mercurial, self-centered, unmanageable, inconsistent and unpredictable" in her business dealings. The motion came in the midst of the duo's battle with Love over the rights to the Nirvana catalog. In 1997, Grohl, Novoselic, and Love formed the Nirvana LLC partnership to manage the band's assets.
Last year, Love obtained an injunction blocking the release of a Nirvana box set, and specifically the unreleased song, "You Know You're Right," recorded before Cobain's 1994 suicide.
In September, she filed a complaint against Grohl, Novoselic, and Universal Music Group, seeking a declaration that Nirvana's contract with the company is void and that all rights pertaining to the band revert to her. In December, Grohl and Novoselic filed a countersuit against Love in an attempt to have her complaint dismissed.
While noting that the characterization of Love as "mercurial" in her business dealings was "not entirely without reason," Alsdorf ruled that forcing Love to undergo the evaluation would likely "serve no purpose other than to contribute to a circuslike atmosphere to the trial." Although there was a clause in the Nirvana LLC agreement that allowed for the request of a mental exam by any of the parties, the judge said it was "not designed to provide a means of resolving marketing disputes, however deeply felt."
"It deals fairly with the issues that were raised," Love's lawyer, O. Yale Lewis Jr., told the Seattle Post-Intelligencer. "It's not appropriate to use something ... as invasive as a mental examination to gain leverage in a business dispute."
Alsdorf also dismissed, at Love's request, an earlier assertion that she was voluntarily incapacitated when she entered into the Nirvana LLC partnership, but warned that if she tries to revive those claims, the issue of a mental examination could be warranted.