ABOUT THE CASE
Hagens Berman filed a lawsuit on behalf of a proposed class of actresses who met with Harvey Weinstein to audition or discuss involvement in a project in a lawsuit filed against Weinstein, Miramax and The Weinstein Company Holdings, stating these entities colluded together to perpetuate and conceal Weinstein’s widespread sexual harassment.
The lawsuit, filed Nov. 15, 2017, in the U.S. District Court for the Central District of California states that Miramax and The Weinstein Company (which Weinstein co-founded) facilitated Weinstein’s organized pattern of predatory behavior, equating to an enterprise that violates the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act, the same law brought against members of the Mafia for organized criminal behavior.
The lawsuit brings various charges against Weinstein and his companies for violating the RICO Act, mail and wire fraud, assault, civil battery, negligent supervision and retention, and intentional infliction of emotional distress.
HARVEY WEINSTEIN’S SEXUAL HARASSMENT ENTERPRISE
The lawsuit states that “under the guise of meetings ostensibly to help further Class Members’ careers or hire them for roles,” Weinstein isolated those bringing the suit, to engage in unwanted sexual conduct that took many forms: flashing, groping, fondling, battering, sexual assault, attempted rape and/or completed rape.
The suit highlights that at all times, Weinstein’s victims and those who met to discuss projects or audition for him “operated under duress and the threat of being blacklisted” by Weinstein and major producers at Miramax if they refused, or spoke up.
Weinstein and the companies he co-founded worked in unison with many other participants across various industries, and that this enterprise cover-up grew over time as Weinstein’s actions became more widespread and harder to conceal. Other participants named in the lawsuit included corporate risk and intelligence companies, lawyers and law firms that worked actively to keep news of Weinstein’s sexual harassment from being published, as well as other members of the entertainment industry.
The suit highlights reports from The New Yorker detailing “Weinstein’s Army of Spies” that he engaged to harass, threaten, extort, investigate and mislead his victims and the media to prevent the prosecution, reporting or disclosure of his sexual misconduct. These enterprise members also destroyed and concealed records and other evidence.
YOUR RIGHTS
The suit seeks retribution for class members’ loss of work opportunities and devastating damage to their careers, as well as damages for emotional distress, all of which can be tripled under RICO law. If you were in any way involved in discussions of projects with, or auditioned for Harvey Weinstein, find out your rights. Hagens Berman’s attorneys achieved a nationwide sexual harassment settlement on behalf of 16,000 women and also tried the first ever sexual harassment case in Washington state.
CASE TIMELINE
Judge Walrath approved a plan for liquidating the balance of The Weinstein Company estate that will earmark $17.1 million for women’s claims of sexual misconduct by Harvey Weinstein that occurred on or after June 30, 2005 citing the overwhelming voting support of Weinstein survivors in favor of the plan.
On Oct. 31, 2018, Hagens Berman filed an amended class-action complaint on behalf of sexual assault victims against Weinstein, Weinstein Company Holdings, Miramax, the Walt Disney Company, Miramax corporate officers and others, stating these entities conspired to perpetuate and conceal Weinstein’s widespread sexual harassment. The amended complaint adds a new unnamed victim alleging years of abuse and harassment starting at the age of 16.
