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The ruling overrule overruled a minor court’s rejection of one of the actress’ court cases opposed to the now-imprisoned film mogul.
By Neil Vigdor
Actress Ashley Judd can sue for sexual harassment in a lawsuit against Harvey Weinstein, the film mogul jailed for sex offences and amid the #MeToo movement, an appeals court Wednesday.
A three-judge panel of the U.S. Court of Appeals in Pasadena, California, overruled a minor court’s rejection of sexual harassment of Judd’s lawsuit, which he filed in April 2018 opposing Weinstein.
Judd, who is known for her roles in “Double Jeopardy”, “Kiss the Girls” and “A Time to Kill”, accused Weinstein of undermining her film career after rejecting her sexual advances in the late 1990s. He also sued Mr. Weinstein for defamation and unfair business practices.
But Judd’s legal crusade struggled in January, when a U.S. district court ruled in Los Angeles ruled that she simply can’t claim sexual harassment under California law because she didn’t have an express business with Weinstein at the hour. she said a failure had occurred.
The judge’s interpretation of the state sexual harassment law was rejected Wednesday by the appeals court.
“Due to her professional position and influence as a leading manufacturer in Hollywood, Weinstein was preferably placed to exert coercive force or influence on Judd, who was a young actress early in her career at the time of the alleged harassment,” the judges wrote in the ruling. . “Further, given Weinstein’s highly influential and “inevitable” presence in the film industry, it would have been difficult to finish dating” without tangible traps “for Judd, whose livelihood as an actor depended on the selection of roles.”
Ms. Judd refused to register in a demand for elegance filed against Mr. Weinstein through dozens of women who accused him of sexual misconduct. He has long sought to have his day in court.
“This is a vital victory not only for Ms. Judd but also for all victims of sexual harassment in business relationships,” Theodore J. Boutrous Jr., Ms. Judd’s lawyer, said Wednesday. “The court rightly considers that California law prohibits sexual harassment and retaliation through film makers and others in vital positions, including outdoors in the work context, and we look forward to proceeding with this complaint against Mr. Weinstein at trial.”
Phyllis Kupferstein, Mr. Weinstein’s lawyer, said in a statement that his consumer would be justified in Judd’s accusations.
“We are pleased that Ms. Judd and Mr. Weinstein have their day in court, where we hope the fact will be revealed,” he said. “The minimum maximum investigation of the occasions will show that Mr. Weinstein did not defame Mrs. Judd, did not obstruct or interfere with her career, and that he never retaliated against her and, in fact, had nothing to reproach.
Ms. Kupferstein said that Mr. Weinstein “fought” for Ms. Judd as her first selection for the lead role in the 1997 film “Good Will Hunting” and arranged for her to fly to New York for the role. She didn’t notice it.
Weinstein was sentenced to 23 years for a felony in March after being convicted of rape and rape by offenders in another criminal case in Manhattan.
Ms. Judd alleges that Mr. Weinstein invited her to the Peninsula Hotel in Beverly Hills in 1996 or early 1997 to discuss film roles, but instead of meeting in a public place, Mr. Weinstein summoned her to her room. According to the lawsuit, Mr. Weinstein, who dressed in a bathrobe, asked Judd to give himself a massage and watch him take a shower.
After Judd refused, he says, he stayed out for the lead roles, adding casting in the “Lord of the Rings” films, which raised $2.5 billion in ticket sales and earned 30 Oscar nominations.
Judd filed a lawsuit after director and manufacturer Peter Jackson got ahead of the curve and said he got rid of Judd from the casting list of “Lord of the Rings” “as a direct result” of what he now believes is “false information” provided through Mr. Weinstein.
Judd’s lawsuit alleges that Weinstein already told Jackson a manufacturer that Weinstein had a “bad experience” with Judd and that she “is a nightmare to paint.”
Ms. Kupferstein that Mr. Weinstein had no authority over the “Lord of the Rings” franchise and that Judd had been selected for two of Mr. Weinstein’s projects, the 2002 film “Frida” and the 2009 film “Crossing Over”.
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