A judge has rejected a $19 million Weinstein class action settlement that would have ended class action claims launched over Hollywood producer Harvey Weinstein’s alleged sexual abuses.

U.S. District Judge Alvin K. Hellerstein rejected the settlement on the basis that it managed to favor Weinstein over the alleged victims, and that the experiences of the women in the proposed class were too broad to be considered together. The judge rejected class certification, saying that the women’s allegations were better suited to individual lawsuits rather than a class action lawsuit.

In rejecting the proposed Weinstein class action settlement, Judge Hellerstein admonished the victims’ attorneys for the deal they had struck. He then quickly shut down a series of arguments to be brought forward by attorneys, saying “I don’t think there’s any need for objectors to speak and make an objection to a settlement I am not approving.”

Taking issue with the attempt to file a class action lawsuit in the first place, the judge declined to certify a proposed class of victims. He noted that the proposed Class Members had vastly different experiences with Weinstein, and asserted that a class action lawsuit would flatten this difference to the detriment of those who had experienced the most severe atrocities. 

According to the judge, he had expressed his objection to class certification “many times.” He called the attempt to request class certification despite his objection an attempt to pressure him into certifying the class “under the umbrella” of requesting settlement approval. According to Law360, expressing further frustration with the proceedings, he concluded, “This is not a class action. You want to test me? Make a motion.”

The judge joined a number of survivors and advocates in challenging the particular terms of the Weinstein class action settlement, even beyond the broad issue of class certification. A number of accusers objected to the settlement, noting that Weinstein himself would actually benefit from the settlement. Allegedly, Harvey Weinstein, Robert Weinstein, and former directors of The Weinstein Company would receive about $15 million from the settlement for legal fees and would be absolved of liability.

Judge Hellerstein echoed the shock expressed by objectors, saying “the idea that Harvey Weinstein can get a defense fund ahead of the claimants is obnoxious. I can’t subscribe to that.”

The victims note that though the Weinstein class action settlement was touted as a win for victims, who would supposedly be eligible for up to $750,000, most victims would not receive nearly that much. According to objectors, most victims would end up receiving around $$10,000 or $20,000. In the words of objectors, “although the deal speaks about individual awards up to $750,000 and the New York state attorney general has bragged about a ‘win’ for victims, that is all a cruel hoax.”

For their part, in light of the judge’s settlement rejection, the New York attorney general’s office has stated that it will review Judge Hellerstein’s decision and would decide how to proceed.

Even those survivors who did approve of the deal expressed reservations. Caitlin Dulaney, who spoke to Yahoo News about the settlement, is an actress who claims she was sexual assaulted by Weinstein in 1996. She stated “We know it’s not enough and it will never be enough for the women that were harmed. I don’t know if any amount of money is really enough. But the fact that we made it happen, hopefully, says something about preventing these kinds of situations in the future.”

Yahoo goes on to note that the terms of the settlement aimed to provide benefits for two tiers of victims — less for those victims merely willing to recount their story in a settlement form, and more for those willing to be interviewed about their abuse.

The settlement money was to be doled out based on this willingness and based on the type of abuse suffered. Per the terms of the settlement, a neutral and trauma-informed special master was to administer the settlement fund, explains Yahoo.

Reportedly, the $19 million was just one part of a total $24 million settlement, the other $5.4 million of which cases reached with victims who had filed 14 individual lawsuits over abuse by Weinstein. 

NPR explains that Weinstein is currently serving a 23-year prison sentence for rape and sexual assault in New York, and currently faces additional criminal charges on the other side of the country in Los Angeles.

The Weinstein Sexual Abuse Class Action Lawsuit is Case No. 1:17-cv-09554, in the U.S. District Court for the Southern District of New York. 

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