The Weinstein Co. Wants Out of Sexual Misconduct Class Action Lawsuit

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The Weinstein Company has requested that a New York federal judge throw out a class action lawsuit that brings claims against not only Harvey Weinstein, but others, for Weinstein’s misconduct.

A class action lawsuit brought to court in December 2017 claimed that media mogul Harvey Weinstein sexually harassed and/or assaulted hundreds of women.

The Weinstein class action lawsuit targeted not only Weinstein, but his businesses and partners, claiming they were complicit in covering up the violations and enabling them to continue for decades.

The Weinstein sexual assault class action lawsuit calls this alleged network of individuals and businesses that were complicit in covering up Weinstein’s actions the “Weinstein Sexual Enterprise,” and claim that this unofficial group is liable under the Racketeer Influenced and Corrupt Organizations Act (RICO).

According to the class action lawsuit, injuries against affected individuals include emotional damages and financial ones, given that the individuals Weinstein supposedly target feared that their careers would be impacted if they did not accept Weinstein’s advances.

Though six women initially brought charges against Weinstein, the Weinstein sexual misconduct class action lawsuit aims to represent a large group of individuals who met with Weinstein about professional projects, but were subjected to sexual harassment, assault, and rape.

In The Weinstein Co.’s move to dismiss the lawsuit, the company claims that the Weinstein sexual assault class action lawsuit possesses several “fundamental flaws.” Though the Weinstein class action implicates Robert Weinstein (Harvey Weinstein’s brother), the Weinstein Co. and Miramax Film Corporation, and others, The Weinstein Company argues that it is too far of a logical stretch to implicate others in crimes they claim were committed solely by Weinstein.

The company cites the fact that Miramax fired Weinstein when many allegations came to light as evidence that Miramax was not collaborating with Weinstein to cover up his misdeeds. The company then goes on to say that this fact means that the two entities cannot be considered for the same violations, as the Harvey Weinstein sexual misconduct class action lawsuit aims to do.

The Harvey Weinstein class action lawsuit claims that Miramax and The Weinstein Co. are liable under the Racketeer Influenced and Corrupt Organizations Act, but The Weinstein Co. claims that this isn’t the case.

The company argues that despite many women’s claims that Weinstein financially injured them and hurt their careers by making advances, they have failed to sufficiently prove this, and thus have failed to sufficiently prove that Weinstein’s actions were related to his professional role.

The company says the women’s allegations are “precisely the kind of speculative, unquantifiable injuries that are not actionable under RICO.” As a result, The Weinstein Co. claims that the companies could not have conspired with him for professional purposes, and RICO regulations do not apply.

The plaintiffs are represented by Jason Zweig, Steve Berman, Shelby Smith, Elizabeth Fegan, Emily Brown and Robert Carey of Hagens Berman Sobol Shapiro LLP, and M. Cris Armenta and Credence Sol of The Armenta Law Firm APC.

The Harvey Weinstein Sexual Misconduct Class Action Lawsuit is Louisette Geiss, et. al. v. The Weinstein Company Holdings LLC, et. al., Case No. 1:17-cv-09554-AKH, in the U.S. District Court for the Southern District of New York.

UPDATE: On Jan. 2, 2019, the women who filed a Harvey Weinstein class action lawsuit want advance notice if any of the emails between them and the accused will be released through bankruptcy court proceedings or other cases.