Wayne became pregnant after an August 2003 encounter with Simmons in a Washington hotel room. She gave birth to a boy in April 2004 and DNA tests showed it was Simmons' son.
But in a 2006 magazine interview, Simmons, without referring to Wayne by name, said she "raped" him while he slept. Wayne denied the claim, and said in a court hearing this year that she awoke to find Simmons on top of her, which led to consensual sex. She said she filed the lawsuit because "he lied to the whole world on me" about what happened.
Wayne was awarded the $1.5 million at a January hearing after Simmons failed to appear. But his lawyers challenged that claim, saying Wayne did not properly serve him with lawsuit papers and was unaware of the case against him.
Wayne's lawyer did not return a phone message seeking comment. Simmons' lawyer William "Hassan" Murphy III said Simmons "looks forward to proving her allegations to be wrong" if the case continues.
Simmons also faces criminal charges in Arizona for allegedly mistreating pit bulls found at his Phoenix home and felony drug possession. He pleaded not guilty last week.
