A wiretapping lawsuit against Tom Cruise has been thrown out by a U.S. judge.

Former Bold Magazine editor Michael Davis Sapir launched a $5 million (£3.3 million) legal battle against the Mission: Impossible star in 2009, accusing Cruise of hiring private investigator Anthony Pellicano, who is currently serving a 15-year sentence for wiretapping, to spy on him while the pair was embroiled in a defamation suit, which has since been settled.

Sapir also alleged Pellicano illegally taped conversations between the movie star and his then-wife Nicole Kidman, while they were in the process of getting a divorce.

But on Monday (18Mar13) Los Angeles Superior Court Judge Elihu Berle ruled that the statute of limitations had expired on the case, as some of the evidence dated as far back as 2003.