Thursday, 17 January, 2019

Ashley Judd’s sex harassment claim against Harvey Weinstein dismissed

A judge has dismissed one section of Ashley Judd's lawsuit against Harvey Weinstein but the rest remains headed toward trial A judge has dismissed one section of Ashley Judd's lawsuit against Harvey Weinstein but the rest remains headed toward trial
Stacy Diaz | 11 January, 2019, 22:46

Judd had previously accused Weinstein of defaming her in 1998 after she refused what she said were his sexual advances a year earlier. However, she can still litigate her defamation claim. But he said she did not make the case for sexual harassment under the civil code that was in effect when her suit was filed, noting, "The Court makes clear that it is not determining whether Plaintiff was sexually harassed in the colloquial sense of the term". But the judge ruled that lawmakers had "modified, rather than clarified" the 1999 law, making it inappropriate to apply its new standards retroactively.

"U.S. District Judge Philip Gutierrez ruled that Judd's relationship as an actress with the Hollywood producer was not covered under California law, nor under a 2019 amendment", Reuters reports. "The only question presented by the current motion is whether the harassment that Plaintiff allegedly suffered falls within the scope of the California statute that she has sued under".

"We have said from the beginning that this claim was unjustified, and we are pleased that the court saw it as we did", she said in a statement, adding: "We believe that we will ultimately prevail on her [Ms Judd's] remaining claims".

Mr Weinstein's lawyer, Phyllis Kupferstein, welcomed the judge's decision.

But Judd's attorney, Theodore J. Boutrous, Jr., said that this ruling does not upend Judd's complaint.

Still, Judd will move forward with the defamation side of her suit against Weinstein.

Judd, one of the first women to come forward with claims about the once-powerful Weinstein, alleged that during a meeting to discuss future movie roles, Weinstein "appeared in his bathrobe, and, instead of discussing film roles, asked if he could give her a massage". Judd says she didn't learn of a possible reason until 2017, when Jackson said in an interview that Weinstein had told him Judd was "a nightmare to work with" who should be avoided "at all costs".

Ashley Judd supports Times Up on the Oscars red carpet.

The disgraced Hollywood producer of movies such as Shakespeare in Love has been accused of sexual misconduct by more than 70 women.

The former movie mogul has denied engaging in nonconsensual sexual activity.

Harvey Weinstein (left) leaves State Supreme Court with his defense attorney Ben Brafman on Monday after pleading not guilty at an arraignment on charges that he committed a sex crime against a third woman on July 9, 2018 in New York City.

Mr Weinstein has denied all accusations of sexual assault, saying any sexual encounters were consensual. Weinstein has pleaded not guilty.