After a federal ruling in New York criticized a proposed settlement for a multitude of lawsuits filed by women accusing Harvey Weinstein of other degrees of sexual misconduct, his legal team is seeking a revised plan, this time in a bankruptcy court.
The original proposed agreement, which provoked a rapid reaction from the accusers, included: a $18.875 million fund for the sick to receive payment through insurance companies; there is no popularity of irregularities through any of the defendants; a defense fund to cover prices to protect the prosecution of accusers who are not involved in the agreement; perpetual release of claims opposed to the defendants, which come with Harvey Weinstein, board members and executives of TWC and Bob Weinstein; and a provision prohibiting the New York Attorney General’s Office from Taking similar action.
Federal District Judge Alvin K. Hellerstein, at a July 14 hearing, dismissed the proposed agreement as “unpleasant” and whether the claims were appropriate for an action of elegance. On Friday, he gave written notice.
In addition to locating that the proposed elegance is too broad (potentially adding women who were not harmed by Weinstein) and too narrow (potentially excluding women who have been injured), it seriously opposes the fairness of the monetary design of the agreement. . Array adding that is to calculate how many women would get because there are too many unknown variables.
“The bankruptcy agreement proposes primary deductions of amounts that the plaintiffs would have to pay differently: $13,716,000 to cover the litigation prices of TWC officials and administrators and $1,500,000 to cover the Weinstein brothers’ litigation prices,” Hellerstein wrote. “At the initial approval hearing, I observed that favoring those teams over other people who were sexually abused through Harvey Weinstein was “abhorrent.” I’m still with that opinion. Further, I cannot fully assess the many points similar to the duration of prospective allocations because the proposed category is too indefinite and the proposed procedure through the parties does not provide sufficient clarity as to how the budget would be allocated.”
Now, TWC estate attorneys must provide a revised plan to Federal Bankruptcy Court judge Mary F. Walrath and remove Hellerstein from the equation.
The revised framework states that, from the elegant handling of sexual misconduct claims actions, such claims will be placed in a singles category in an Chapter 11 settlement plan and administered in the same way as many other cases of mass grievance. bankruptcy – without the need for a qualified organization in an action of elegance,” declares the presentation.” While this is not the appropriate reason to describe the full terms of the revised plan, for the purposes of the provision, it is vital to consider two things about this: first, according to the revised plan, downloads will only be granted in favor of Harvey Weinstein in one and a second, the overall agreement incorporated into the revised plan will be implemented only through the plan process overseen by the bankruptcy court , without additional participation of the District Court in the action of existing elegance.
Douglas H. Wigdor and Kevin Mintzer, who make up several women who have claims opposed to Weinstein and have heavily criticized the deal, issued a Tuesday in reaction to the presentation. “It turns out that Harvey and Robert Weinstein, their insurers, and their corporate facilitators are so desperate to get the deal that Judge Hellerstein promptly called ‘hateful’ that they will now ask the bankruptcy court to approve what Judge Hellerstein would not do. “This behavior is frankly offensive, and the New York Attorney General deserves to make it clear without delay that he will refuse to approve this plan from start to finish.”
Two of his clients, Dominique Huett and Wedil David, filed a move on July 21 to turn the bankruptcy of Chapter 11 of the TWC into a Chapter 7, which would liquidate the remaining assets. According to his movement, this would also allow “victims of grievances to [seek] reimbursement of the automatic suspension to pursue their claims, spend the day before a jury, and claim recoveries opposed to the insurance product.”
Weinstein’s case asks the court to postpone its ruling on the movement to give them time to outline the complexities of a new agreement. Lately, the hearing is scheduled for August 4, and you can summarize the main points of the revised plan through August 31.
“This is a case in which all parties to the agreement continue to interact in intelligent discussions about religion and are struggling to expand a mutually appropriate avenue of choice to reach the overall agreement,” the record, which is published below, says the record. This does not deserve to be a case in which two individual victims of sexual harassment who pursue their own schedule deserve to be allowed to hijack the procedure and deny all other stakeholders, adding dozens of victims of sexual harassment, the opportunity to establish and expand a plan option with broad support, adding from the Committee, which has fiduciary obligations with all unsecured creditors. “
In a message to the Hollywood Reporter, Weinstein’s lawyer Imran H. Ansari of Aidala Bertuna-Kamin defended the agreement. While some continue to denounce the agreement, the practical truth is that outside the gates of the agreement, the plaintiffs face a dubious monetary recovery, with the bankruptcy of The Weinstein Company and Mr. Weinstein jailed and protecting legal cases, facing debts and lawsuits, frostbite and a line of creditors seeking compensation,” Ansari said. “Mr. Weinstein’s current and long-term monetary scenario is far from healthy, not only has his non-public freedom, but also his monetary freedom, been taken away. Those who shout loudly seem to forget that many parties need this agreement to succeed, that they are not only Weinstein’s defendants, but also the plaintiffs themselves, who probably recognize that this is the path to a realistic recovery.”
Thomas Giuffra, the lawyer for former TWC worker Alexandra Canosa, who is suing Weinstein for sexual assault, also sent a message to THR in reaction to the presentation.
“After being thwarted by Judge Hellerstein, who declared that the ‘global’ agreement was a false organization and an unfair settlement for survivors, the lawyers for the elegance action, NYAG and insurance corporations are trying to make a definitive career to force this abominable and unfair settlement through the bankruptcy court,” Giuffra said. “They are reconditioning the same ugly agreement to review a time to get judicial approval. I suspect the bankruptcy court will recognize this shameful scam for what it is and prevent a serious injustice from occurring. It is so obvious that the elegance of the action Lawyers have no interest in taking legal action in such cases. But I’m just involved in chasing a payday at all costs. I am horrified that AG James, who claims to protect women, will continue to put the strength of his workplace into a survivor’s rights agreement and puts cash in the hands of a convicted rapist. I can’t say I’m surprised. This is what I expected from those interested cash thieves.
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