Ex-Madonna Friend Wants Lawsuit Thrown out Due to Underwear Giveaway

A former friend of Madonna asked a judge today to throw out the pop star's case against her for selling unlicensed memorabilia.

Darlene Lutz, who had a falling out with the Queen of Pop over a decade ago, has been trying to sell Madonna's property to an online auctioneer called Gotta Have It! Madonna's lawyer argues that the items aren't Lutz's to sell, but today, Lutz's lawyer pointed out that Madonna herself gave away a pair of underwear in the collection years ago.

The underwear in question was actually sold off by Peter Shue, an ex-boyfriend of the "Material Girl" singer and a convicted drug dealer. It came with a handwritten note that read "My underwear for you," including hearts and symbols.

Shue sold the undergarments to Gotta Have It! in a completely separate transaction from Lutz, and her lawyer argues that if Madonna and her lawyers can't even identify which items are being contested, the suit is pointless.

“They weren’t careful, the plaintiff wasn’t careful in bringing these claims,” said Judd Lutz's attorney, Judd Grossman. “For example the underwear, lot No. 10. There was a handwritten note... My client never had anything to do with that lot.”

Madonna and her lawyer, Brendan O'Rourke, conceded that the underwear didn't factor into their case. Yet they're still demanding the return of nineteen out of the twenty-two items originally brought into question.

Lutz says she acquired the collection when Madonna moved out of her home in Miami. The pop star allegedly asked Lutz to store some things for her. After their friendship ended, the keepsakes sat in Lutz's possession until she rediscovered them a few years ago, and decided to sell them off. The inventory includes an old checkbook, a hairbrush with Madonna's hair tangled in it, and two letters — one from Rosie O'Donnell, and one from Tupac Shakur.

“She didn’t even realize she had a Tupac letter until 2008 or 2009," O'Rourke argued. "The letter is worth an estimated $100,000. It wasn’t her letter to sell."

The judge has yet to issue a decision.