Ashley Judd receives a good and a bad in her case against Harvey Weinstein

adminJanuary 10, 2019

(CNN) – Ashley Judd's versatile legal battle against Harvey Weinstein came to a crossroads on Wednesday.

The US district judge Philip S. Gutierrez rejected Judd's sexual harassment case against the film gossip, claiming in CNN's decision that Judd's legal team had insufficiently claimed that his relationship with the defendant was covered by the law. "

But Gutierrez expects Judd to continue with his defamation against Weinstein, saying he barred his career after she rejected his alleged sexual advances in the 1990s.

Gutiérrez's verdict states that Judd's allegations of defamation, intentional interference in possible economic benefits and violations of California's unfair competition law could continue.

But she said she did not adequately state the case of sexual harassment under the civil code that was in force when the complaint was awarded, noting that "the court clarifies that it is not a matter of deciding whether the plaintiff was sexually harassed in the concept of health The only issue that is concerned with the current movement is whether the harassment allegedly suffered from the plaintiff, falls within the scope of the California Statute for which she has filed a lawsuit. "

This code was changed in September 2018 to include relationships between board members and producers, but Gutiérrez's decision concluded that the change could not be applied retroactively.

Weinstein's lawyer in this case, Phyllis Kupferstein, said in a statement to CNN: "We have said from the outset that this charge was unjustified, and we are pleased that the court has seen it so. We believe that in the end we will overcome their remaining claims ".

Judd's lawyer, Theodore Boutrous, was optimistic about the judge's decision. "Nothing in today's decision changes the fact that Ms. Jud's case is advanced in several of the allegations," he said, adding: "While we respectfully disagree with the Court's decision on the only claim that was governed today, we hope to continue with the three claims for damages that the court has already ruled can continue. "

Judd's lawsuit was filed in April. In it he claimed that he had lost several film roles because of Weinstein, including one in the saga "Lord of the Rings." Judd says Weinstein told director Peter Jackson and his production partner, Fran Walsh, not to work with Judd, an act that not only "torpedo" his chance to star in the Oscar-winning saga, but cost him an extra job. Weinstein has denied these charges.

Judd filed his lawsuit after Jackson in a December 2017 article on New Zealand's news site, Stuff, had Weinstein made these claims about Judd.

Judd appeared in "Frida", distributed by Miramax de Weinstein in 2002, and starred in "Crossing", distributed by The Weinstein Company in 2009.

Judd was one of the first Hollywood women to charge Weinstein for sexual abuse in a series of reports published by the New York Times and New Yorker in October 2017. Since then, over 80 women have accused Weinstein of various degrees of inappropriate behavior, including harassment and rape . He has denied all charges of "non-consensual sexual activity".

Weinstein is waiting for a preliminary hearing in March in a criminal case in New York. He faces five felony counts: Two counts of predator sexual assault, one count of first degree criminal sex and one count of first degree violation and third degree violation. Weinstein has not claimed to be guilty.

Rob Frehse and Elizabeth Joseph of CNN contributed to this report.

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