Weinstein FAQ

Find answers to your most frequently asked questions about the lawsuit against the Harvey Weinstein Sexual Harassment Enterprise. The answers below are questions we've received from victims and have been answered by the Hagens Berman legal team.

ABOUT THE CASE:

What is the case about?

This case is brought on behalf of women in the entertainment industry who were raped, sexually assaulted, battered, threatened, and blackmailed by Harvey Weinstein and those who enabled his behavior. The lawsuit seeks to hold Harvey Weinstein, The Weinstein Company, Miramax, and members of The Weinstein Company’s Board of Directors liable for violating the Racketeering Influenced and Corrupt Organizations (RICO) Act through witness tampering and mail and wire fraud, and for assault, civil battery, negligent supervision and retention, and intentional infliction of emotional distress.

What is the intended outcome?

We want justice. This lawsuit seeks to hold Weinstein and his complicit colleagues accountable for their actions. The plaintiffs are women who have bravely chosen to hold Weinstein accountable for widespread sexual misconduct that has damaged the lives and careers of countless individuals. Our clients are taking a stand to effect industry change.

What types of damages are you seeking in the class action?

The plaintiffs serve as a proxy for the proposed class of hundreds of other women in the entertainment industry who were raped, assaulted, and harassed. No woman should have to trade sex for work. The suit seeks retribution for class members’ loss of work opportunities and devastating damage to their careers, the damages for which can be tripled under RICO law. Plaintiffs also seek damages for the significant physical and emotional distress they endured then, and continue to endure now.

How does a class action work?

In a class action, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the case to be decided after presenting the facts related to a representative plaintiff’s experience. This way, the rights of hundreds of people can be efficiently decided without each person having to present their individual case to the court. If the Court finds Defendants did engage in wrongdoing or a class-wide settlement is reached, all class members will have an opportunity to prove-up their damages.

My local attorney recommended that I sue Weinstein on my own. What are the benefits of being part of a class-action lawsuit?

There are many benefits to participating in the class action: 

• Harvey Weinstein engaged in a pattern and practice of harassment – including forceful demands for sex in exchange for work. And his network both facilitated the sexual assaults and killed careers during the cover-up. Being able to collect and present this evidence on a class-wide basis demonstrates the extent to which Harvey Weinstein and his colleagues would go to support power and money. Each women’s story – put together with the pattern of assault suffered by all class members – has the potential to take back the power and money from predators in Hollywood. Harvey was successful because he singled women out for years; it’s time to stand together collectively against him.
• You do not have to pay any advance or hourly fees to your attorneys, and your attorneys will be among the finest and most respected plaintiffs’ lawyers in the country.
• Your attorneys will pay all fees and costs associated with prosecuting the lawsuit, which are only recoverable if you are successful;
• your attorneys will have the collective bargaining power of hundreds of class members.
• If a class-wide settlement is obtained, you will have the right to review the proposed settlement and then decide whether or not to be included in it. If you decide not to participate, you will retain the right to sue (or continue to sue) on your own. For many claims, the statute of limitations will begin to run only after you exclude yourself from the settlement; the law in some states may differ.

What is the statute of limitations on a case like this?

The statute of limitations can vary depending upon the state law applicable and the causes of action asserted. However, in this case, it was not until The Weinstein Company fired Harvey Weinstein and took his power in the industry away that his victims felt comfortable enough to come forward. We believe that the statute of limitations was tolled until Weinstein was fired, which led to the resignation of four Weinstein Company board members and the unveiling of his heinous acts.

If I am involved in the class action, can I still sue on my own?

If a class action is certified, and you do not opt out of the class or a proposed class settlement, then you will not be able to sue Weinstein for the same claims that were resolved in the class action. However, if you choose not to accept a proposed settlement, or choose to opt out of the class, then you will retain whatever rights to sue you had prior to the class action.

What if I was sexually harassed by Harvey Weinstein when I was an employee of Miramax and/or The Weinstein Company?

You may have different time limits and requirements for filing certain claims than non-employees. Therefore if you intend to pursue this matter, it is important that you speak with legal counsel right away.

REPRESENTATION:

If I submitted my information to you on your website or by email, do you represent me in this lawsuit?

In a class-action lawsuit, when the case is first filed, the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed.  However, we will speak with you if you submitted information to us, and discuss with you whether we should enter a formal attorney-client relationship.

ABOUT HAGENS BERMAN:

Why should I contact Hagens Berman?

Hagens Berman Sobol Shapiro LLP is a class-action law firm with 9 offices across the country. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. 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. More about the law firm and its successes can be found at hbsslaw.com.

WHAT TO EXPECT:

If I sign up with Hagens Berman, what can I expect?

You can expect that our firm will fight vigorously for your rights as a victim, and right the wrongs that Weinstein, his companies, and members of The Weinstein Company’s Board of Directors committed.

How long will it take to resolve this?

It is hard to predict how long it will take a case to resolve. We will ask the court to establish an aggressive schedule that moves the case forward.

How much money can I expect?

Hagens Berman will fight for the largest possible recovery for class members.  At this early stage of the litigation, it is difficult to predict what compensation each class member will ultimately receive.

CONTACT:

How do I ask questions about the case?

You may email our legal team directly using [email protected] or call 1-888-381-2889.