Ashley Judd’s sexual harassment case against Harvey Weinstein revived by court of appeals

Actor was one of the first women to come forward against Weinstein

Ashley Judd during a conference on 24 April 2018 in San Francisco, California. (Justin Sullivan/Getty Images)

Ashley Judd has been granted an appeal in her sexual harassment lawsuit against Harvey Weinstein.

A federal appeals court ruled on Wednesday that the actor can sue the disgraced producer under California law in the case.

The 9th US Circuit Court of Appeals in San Francisco found that Weinstein had considerable power over Judd’s career in 1997, when they held a general business meeting at his hotel and the alleged harassment occurred.

“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,” the opinion said.

The appeals court sent the case back to the lower court for further proceedings.

“This is an important victory not only for Ms Judd but for all victims of sexual harassment in professional relationships,” said Judd’s lawyer, Theodore Boutrous.

Judd was one of the first women who came forward against Weinstein in October 2017, in an interview with The New York Times. That piece, coupled with another by the New Yorker, revealed many allegations of misconduct against Weinstein and brought mainstream attention to the #MeToo movement.

Judd filed a lawsuit against Weinstein in April 2018, accusing him of smearing her reputation by discouraging director Peter Jackson from casting her in his blockbuster movie franchise The Lord of the Rings.

She brought her sexual harassment claim under a California law barring such conduct by a person in a “business, service or professional relationship” with another.

​In 2019, US District Judge Philip Gutierrez dismissed that claim, finding that Judd’s relationship with Weinstein was not covered by the California law.

Judd is also pursuing a defamation claim against Weinstein.

Weinstein was sentenced to 23 years in prison in March after being convicted in New York of a criminal sex act and third-degree rape.

His attorneys have said he intends to appeal. Weinstein is facing more charges in Los Angeles.

Reuters contributed to this report