New York’s attorney general, Letitia James, said in a statement that this agreement would resolve the suit the New York A.G.’s office filed two years prior against the Weinstein Company LLC, Harvey Weinstein, and Bob Weinstein, for maintaining a hostile work environment at the company. “After all the harassment, threats, and discrimination, these survivors are finally receiving some semblance of justice,” James wrote on Twitter Tuesday night.
But Wigdor and Kevin Mintzer, who also represents a number of women with their own suits against Weinstein, aren’t buying it. They called the settlement “deeply unfair” and “a complete sellout of the Weinstein survivors.” Wigdor and Mintzer criticized the settlement because “Weinstein accepts no responsibility in this deal; Weinstein is not paying any money toward the settlement; and others named in the suit, notably the ‘director defendants, who we allege had knowledge of Weinstein’s behavior, will be receiving millions of dollars to reimburse their defense costs.”
Another attorney who represents several victims with claims against Weinstein, Jordan Merson, agreed. “The sexual abuse victims of Harvey Weinstein should not be forced into a settlement. Each survivor should be able to make a choice as to whether to participate or not, and this agreement appears to deny victims that choice.”
Merson suggested the issue is that generally in mass tort cases under N.Y. law, plaintiffs have the right to opt out and pursue justice on their own. “That right appears to be taken away by this settlement, which is compounded by the fact that this is a case for sexual abuse victims.”
Fegan said, “They can opt out if they are Miramax-era victims but not if they are TWC-era, due to the bankruptcy and the limited funds available.”
One main criticism of the settlement is that if hundreds of women or more come forward, it’s possible that, after fees and costs, it would leave only a few thousand dollars per victim. If approved, it could mean a tougher road forward for women pursuing their own individual claims against Weinstein.
But the belief among the women in the settlement is that there is some $250 million in claims against Weinstein, and there is simply no more money that could be squeezed out of anyone. “That’s the reality,” said Geiss. “There was nothing more to grab on to.”
Only a forensic accounting of his finances can answer that for certain. But we may get some clues, as Weinstein will have to answer to both the Delaware bankruptcy court and the N.Y. district court in regard to his personal assets in the coming weeks, people involved in the matter told Vanity Fair.
Thompson added, “We were always in this together and didn’t settle for a result that allowed for exclusion. While no dollar figure can equate to justice for all of these women, I hope all survivors hold their heads high—we reached the best settlement we could given the circumstances, and most importantly, we did not leave anyone behind.”
Geiss said she supports others with their own cases against Weinstein, but for her, this was the only way forward. “We all interviewed with the New York A.G., the police department, and all that stuff, but we were past the statute. So then what are you left with? You know, money is power. And if we take the root of his power, hopefully we can make a difference. And I was hoping we would get to the directors too, so that people learn: Don’t protect this kind of guy. You know, stop looking away and do something.”
Caitlin Dulany, another plaintiff in the case, didn’t mince words. “Harvey Weinstein terrorized and attacked women for decades. The fact that he could hurt so many women, over such a long period of time, is horrific. It’s the stuff of nightmares, and we lived it. We were assaulted, terrified, coerced, and hurt by this man—in his offices and in hotel rooms that were paid for and events that were sponsored by Miramax and the Weinstein Company. This settlement is for all of these women, many of whom, including myself, whose claims are outside the statute of limitations. We will never see our day in court. It is a measure of relief and justice that we would otherwise not see.”
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