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Weinstein class action settlement dismissed by judge

 


Monday, several women opposed the draft regulation, including one calling it “unjust and vile”.

Amid growing objections from women who accuse Harvey Weinstein of sexual assault and harassment, a New York federal judge rejected a proposed settlement that would resolve almost all civil claims against the producer, The Weinstein Company and several of its directors.

At a hearing on Tuesday, US district judge Alvin K. Hellerstein refused preliminary approval of a proposed settlement that had been presented in June by group counsel with the support of the New York Attorney General’s office. .

Objections poured in from several women on Monday who found the deal extremely unfair. The settlement, which included a fund of $ 18.875 million for victims to be paid by insurance companies, did not include any admission of wrongdoing by any of the accused. It also provided for a defense fund of $ 1.5 million to cover the costs of defending the charges of accusers who had not participated in the settlement. Also under the settlement agreement, the accusers are said to have released the accused forever, who include TWC board members, officers and Bob Weinstein, allegations of alleged sexual misconduct, and the office New York’s attorney general, Letitia James, was reportedly prevented from continuing any related action.

Douglas H. Wigdor and Kevin Mintzer, who represent several women who accuse Weinstein of abuse and harassment, were the first lawyers to issue a statement following Hellerstein’s decision. “We have been saying for over a year and a half that the terms of settlement were unfair and should never be imposed on victims of sexual assault,” he said. “We were surprised that the group’s lawyer and the New York attorney general did not recognize, but we are pleased that Judge Hellerstein quickly rejected the unilateral proposal. On behalf of our clients, we look forward to continuing the justice against Harvey Weinstein and his many facilitators. ”

John Clune, Zoe Brock’s lawyer, one of many women who opposed the settlement on Monday, sent The Hollywood Reporter a statement in response to the decision. “The judge was not even close to considering this proposed agreement for several reasons, including whether this case could be certified as a class action,” said Clune. “He said” this is not a class action “and said he had already said this to group counsel Beth Fegan. The judge also believed that the provision that Harvey Weinstein was getting money to defend against future trials was “heinous.” It never had a chance of being approved. Everyone wants a good result for these survivors, but this proposal was not the right one. “

Alexandra Canosa’s lawyer, Thomas Giuffra, also welcomed the decision. “Ms. Canosa and I are delighted with the decision to reject the class rules and the refusal of Judge Hellerstein to certify this case as a class,” he said in a statement to THR. “Justice Hellerstein acknowledged all the flaws in the agreement and the class. Ms. Canosa was one of the few at the outset of the Weinstein scandal who found the courage to stand up for what is right. She continued to show her worth being one of the few to oppose a false class action settlement that was only fair to lawyers who raked millions at the expense of victims. Ms. Canosa’s convictions were again confirmed after justice prevailed with today’s decision. The New York attorney general should be ashamed of himself for supporting such an unfair and punitive agreement. ”

A spokesman for the New York Attorney General’s office sent THR this statement: “We will review the decision and determine the next steps. Our office is fighting tirelessly to deliver justice to these courageous women and will continue to do so. “

Group lawyer Elizabeth Fegan and Steve Berman also made a statement to THR Monday. “We were disappointed with the judge’s decision this morning. We have long argued that we must find justice for all the women Weinstein exploited in a fair and just manner, “he said.” Now we have to focus on pursuing the individual cases of our clients. We will also seek to appeal a previous court decision that has excused the board of directors of The Weinstein Company, which we believe knew of Weinstein’s behavior and did nothing to stop it. We believe they should be held accountable for their silence and their inaction. The brave women who opposed Weinstein and brought this action deserve our admiration, and we will continue to fight on their behalf. “

A Weinstein representative declined to comment at this time.



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