Actress turned activist Rose McGowan has received a blow in her lawsuit against Harvey Weinstein. A federal judge has dismissed most of McGowan’s civil claims against Weinstein and his lawyers. However, the judge has allowed her to proceed with the claims of being defrauded when they tricked her into disclosing the details of her memoir.
Rose McGowan’s lawsuit, explained
Rose McGowan had filed a federal lawsuit in the civil courts in October of 2019 against Harvey Weinstein and his attorneys. In it, she accused Weinstein, and his attorneys Lisa Bloom and David Boies of conspiring to discredit her. Moreover, they also tried to suppress her claim that Harvey Weinstein sexually assaulted her.
This happened before Rose McGowan came forward with her allegations against Harvey Weinstein in 2016 and 2017. Back then, McGowan was approached by a woman who identified with the name of Diana Filip, who also claimed to be an advocate for women. Filip then gained McGowan’s confidence and was able to see McGowan’s memoir, Brave. This is the same memoir in which she accused Harvey Weinstein of assaulting her back in 1997, at the Sundance Film Festival. However, McGowan later found out that Diana Filip actually worked for Black Cube, which was a private intelligence agency with ex-Mossad agents hired by Weinstein and his attorneys.
In the lawsuit that McGowan filed, she included claims of civil racketeering, fraud, invasion of privacy, computer hacking, illegal recording, conversion, and intentional infliction of emotional distress.
The judge dismissed 9 of her 11 claims
However, in a ruling on Monday, Judge Otis Wright 9 out of these 11 claims. The reason for several claims being dismissed was because McGowan filed the suit after the two-year statute of limitations. Moreover, Judge Wright also dismissed the civil RICO charges too. This was because the Judge didn’t consider the trickery of getting a copy of the book as racketeering.
However, Judge Wright did allow McGowan to go forward with two claims. Weinstein’s attorneys did try to have the claims dismissed, saying that Black Cube was responsible for these wrongdoings. But the judge dismissed that argument on grounds that they themselves had hired Black Cube. McGowan further claimed that the fraud had resulted in significant harm. This included lost job opportunities, damage to professional relationships, and mental health issues. The Judge wrote:
Based on these allegations, the Court finds that McGowan adequately alleges she suffered concrete damages as a result of Defendants’ fraudulent conduct.
Furthermore, Judge Wright also gave McGowan a chance to amend and refile her claims. You can read the complete ruling here. Weinstein is currently in jail for multiple counts of sexual misconduct.