Larry Flynt's estate won't send 'single penny' to Kentucky brother after lawsuit dismissed

The younger brother of Larry Flynt, who helped the porn mogul get "Hustler Magazine" and his business empire off the ground decades ago − before settling down in Eastern Kentucky − has dropped his bid for a piece of his late sibling's trust.

In a federal lawsuit filed last year in California, Jimmy Ray Flynt argued he's owed half of the Larry Flynt Revocable Trust, formed more than three decades before the two brothers' relationship fractured in 2009. That account held the Hustler Enterprise and other assets. Elizabeth Flynt, Larry Flynt's fifth wife, is the primary beneficiary.

But earlier this month, a judge ruled the case should be dismissed with prejudice, meaning the matter is permanently resolved and not subject to appeal.

Brother of Hustler Magazine publisher Larry Flynt will not be paid any money after lawsuit dismissed

Jimmy Flynt was not paid any settlement money to close the case, according to a statement from Whitney Z. Bernstein, an attorney representing Larry Flynt's widow.

Robert Hojnoski, a lawyer who represented Jimmy Flynt, did not respond to requests for comment. Bernstein called the dismissal "a complete victory for Liz Flynt and a vindication of her refusal to be shaken down or bullied."

More: Larry Flynt's Kentucky brother sues widow after being excluded from Hustler mogul's trust

"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," Bernstein said. "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 Larry Flynt’s legacy."

The lawsuit was filed by Jimmy Flynt in early 2022, about a year after his older brother's death.

In the case, filed in federal court in California, his attorney argued Jimmy Flynt had held all of the company's financial titles while Hustler's brands were getting off the ground in the 1970s due to his clean legal records. Larry Flynt served as the face of the brand.

After a lawsuit between the pair was settled in 1988, Jimmy Flynt spent most of the next three decades opening and running several Hustler-brand retail stores, while Larry Flynt consistently promised he'd be "taken care of" for life through a company trust fund.

The two split again in 2009, though, after Jimmy Flynt's two sons tried to start their own adult entertainment company using the Flynt family name. Jimmy Flynt was ousted from the Hustler business by Larry Flynt after he was unable to convince his sons to drop the name from their company, the lawsuit claimed, and the two were estranged until Flynt's death in early 2021.

More: Some of the biggest trials in Cincinnati history, from George Remus to Larry Flynt

While Jimmy Flynt's attorneys argued their client had been given assurances throughout his life that he would be a beneficiary in the trust, Elizabeth Flynt's lawyers said in court filings that such an arrangement should not be held valid because it was not in writing and "even if an agreement existed, it would be void and unenforceable because the alleged terms are too indefinite."

Her attorneys had also pushed for Hojnoski and Jimmy Flynt to be held in contempt of court this spring, claiming the pair had missed several filing deadlines throughout the case before eventually submitting more than 2,300 pages of documents they said supported Jimmy's case after Elizabeth's attorneys had already responded to previous opposition. Those documents, Hojnoski wrote, included deposition quotes from Larry that supported Jimmy's case.

Born in Eastern Kentucky in the 1940s, the Flynt brothers built an adult entertainment empire in 1970s under the "Hustler" brand name. Larry Flynt became an international celebrity during the company's heyday, frequently appearing in court to defend Hustler's pornographic content, and his life and trials were at the center of the 1996 film "The People vs. Larry Flynt."

The case settled this month had at one time been scheduled to go to trial in August 2023.

Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: Larry Flynt brother's lawsuit over Hustler trust fund dismissed