Laura Pennington  |  January 4, 2019

Category: Legal News

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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.

Female accusers who allegedly suffered by the sexual misconduct of Harvey Weinstein now want restrictions on how their communications with the former executive can be used in his bankruptcy case.

The Weinstein Company has currently filed for Chapter 11 bankruptcy, but the victims want additional protections placed on any emails between the women and Weinstein.

The plaintiffs in the Weinstein class action lawsuit want to review any email communications that might come up as part of his company’s bankruptcy before those emails are released to the public.

Currently, Weinstein has asked to reference these documents to defend himself against the proposed Weinstein class action lawsuit and in his criminal and civil cases.

The plaintiffs, however, argue that the protective order in place does not go far enough since it currently doesn’t shield all members of the Class.

The women taking the lead in the Weinstein class action lawsuit say that too many of the victims don’t know that Weinstein intends to release these emails however he sees fit.

The plaintiffs who brought that Weinstein class action lawsuit want their attorneys to be able to review the documents in question prior to any release.

The current protective order over that case allows the Class plaintiffs to request confidentiality if they choose and see the documents.

However, those protections do not currently extend to plaintiffs who brought their own cases against the defendant or chose not to be named.

The women fighting to extend protections for other victims in the Weinstein class action lawsuit argue that the former movie executive is attempting to make the emails a matter of public record and knowledge to try his case in a public forum.

One of the attorneys for the lead plaintiffs in the Weinstein class action lawsuit stated that Weinstein was collecting information to lodge a smear campaign against one of the victims and that a journalist had been contacted about that file.

The legal representatives for Weinstein argue that the communications are key for his cases, including the bankruptcy.

The Weinstein Co. has already filed for Chapter 11 bankruptcy even though Weinstein no longer sits on the board or works for the company following numerous allegations of sexual assault against him.

A motion to cite emails enabled Weinstein to reference them in civil issues, criminal matters, and insurance coverage cases without having to request individual permission from the bankruptcy court.

Plaintiffs in the Weinstein class action lawsuit, however, claim that this granted motion is being interpreted by Weinstein as a way to avoid federal civil procedure rules.

The proposed Class in the Weinstein class action lawsuit is represented by Elizabeth A. Fagan, Emily Brown, Steve W. Berman, Shelby Smith, and Jason Zweig of Hagens Berman Sobol Shapiro LLP.

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

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