The Milk star filed a $10 million (£6.25 million) lawsuit with the State Supreme Court of New York last month (Sep15), alleging the Empire co-creator made "false and defamatory statements" about him in relation to domestic abuse when he defended his Empire leading man Terrence Howard after he confessed to lashing out at his ex-wives in a new Rolling Stone interview.

While commenting on Howard's remarks, Daniels said, "He (Howard) ain't done nothing different (sic) than Marlon Brando or Sean Penn, and all of a sudden he's some f**kin' demon... That's a sign of the time, of race, of where we are right now in America."

In response, Penn called Daniels' remarks "reckless and malicious", while his lawyer declared the actor has "been the subject of scandalous, scurrilous and baseless attacks" for years.

On Wednesday (21Oct15), Daniels requested to move the case from New York, where Daniels lives, to a federal district court. Penn is requesting to have the lawsuit remain at the state level, as per the law, which reportedly permits the case to remain in the state the defendant lives in, if it is filed in the same state. The actor is also seeking to have his attorneys fees and costs paid.

Penn has often lashed out at the paparazzi and he has been prosecuted for his actions, but he has never been charged with hitting a woman.