Judd v. Weinstein, No. 19-55499 (9th Cir. 2020)
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The Ninth Circuit reversed the district court's dismissal of actor Ashley Judd's sexual harassment claim under California Civil Code section 51.9 against producer Harvey Weinstein. Judd alleged that, in the late 1990s, Weinstein sexually harassed her during a general business meeting and derailed her potential involvement in the film adaptation of "The Lord of the Rings" book trilogy.
The panel held that, 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. The panel explained that the relationship between Judd and Weinstein was characterized by a considerable imbalance of power substantially similar to the imbalances that characterize the enumerated relationships in section 51.9. The panel stated that, by virtue of his professional position and influence as a top producer in Hollywood, Weinstein was uniquely situated to exercise coercive power or leverage over Judd, who was a young actor at the beginning of her career at the time of the alleged harassment. Furthermore, given Weinstein's highly influential and "unavoidable" presence in the film industry, the relationship was one that would have been difficult to terminate "without tangible hardship" to Judd, whose livelihood as an actor depended on being cast for roles. The panel rejected Weinstein's arguments to the contrary and held that Judd sufficiently alleged a claim under section 51.9. Accordingly, the panel remanded for further proceedings.
Court Description: California Law / Sexual Harassment. The panel reversed the district court’s dismissal of a sexual harassment claim under California Civil Code section 51.9 brought by actor Ashley Judd against producer Harvey Weinstein. The panel held that, as alleged, section 51.9 plainly encompassed Judd and Weinstein’s relationship, which was “substantially similar” to the “business, service, or professional relationship[s]” enumerated in the statute. Cal. Civ. Code § 51.9(a)(1)(F) (1996). The panel held further that their relationship consisted of an inherent power imbalance wherein Weinstein was uniquely situated to exercise coercion or leverage over Judd by virtue of his professional position and influence as a top producer in Hollywood. The panel concluded that the California Supreme Court would reach the same conclusion, obviating the need to certify the question. The panel rejected Weinstein’s arguments. The panel held that the fact that the traditional balance of power in a relationship may be flipped in some scenarios did not negate the reality that a power imbalance nevertheless tended to exist in these relationships under normal circumstances. The panel also held that there was more than enough to allege a professional relationship at the time of the alleged harassment. JUDD V. WEINSTEIN 3 The panel held that whether Judd and Weinstein’s relationship was in fact an employment relationship outside the purview of section 51.9 was a question for the trier of fact. The panel remanded for further proceedings.
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