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Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute

In reinstating actress Ashley Judd's sexual harassment suit against former Miramax Films top executive Harvey Weinstein, the U.S. Court of Appeals for the Ninth Circuit found that Cal. Civ. Code §51.9, which bars such harassment in business-relationships, applied to a business development meeting between Judd and Weinstein. Judd v. Weinstein, 19-55499. The U.S. District Court for the Central District of California had dismissed Judd's complaint in which she claimed that, after she rebuffed Weinstein's sexual advances at a meeting in Weinstein's hotel room in the mid-'90s, Weinstein ruined the potential for her to work in The Lord of the Rings film productions. Judd alleges Weinstein told Rings films director Peter Jackson that Judd was, among other things, "a nightmare to work with." Judd argued that Weinstein was "a dominant figure in the film business and the gatekeeper to many desirable roles and film projects" and "that alienating or offending him could damage her career." The appeals court noted: "Judd's claim arises out of the alleged retaliation that followed their meeting, not merely Weinstein's sexual advances. Notably, Weinstein does not argue that a professional relationship did not exist at the time of the alleged retaliation. … Judd alleged that she established a professional relationship with Weinstein after working on the 1995 Miramax film Smoke, and went to the Peninsula Hotel [in Beverly Hills] in hopes of building upon that existing relationship to discuss future professional endeavors." The appeals court concluded: [As] alleged, section 51.9 plainly encompasses Judd and Weinstein's relationship, which was 'substantially similar' to the 'business, service, or professional relationship[s]' enumerated in the statute."