Judge dismisses part of Judd's lawsuit against Harvey Weinstein

Harvey Weinstein asked a judge throw out a lawsuit from Ashley Judd

She alleged that Weinstein tried to get her to give him a massage and invited her to watch him take a shower.

She claimed he further blacklisted her from other movie roles, too, and eventually sued him under the legal theory of "sexual harassment in a professional relationship".

That code was amended in September 2018 to include relationships between directors and producers, but Gutierrez's ruling concluded that the change could not be applied retroactively.

U.S. District Judge Philip S. Gutierrez ruled Wednesday that Judd's sexual harassment claim isn't within the scope of a California statute. But he said she did not make the case for sexual harassment under the civil code that was in effect when her suit was filed, noting, "The Court makes clear that it is not determining whether Plaintiff was sexually harassed in the colloquial sense of the term".

That part of her lawsuit states that "Weinstein used his power in the entertainment industry to damage Ms Judd's reputation and limit her ability to find work".

The actress has accused the disgraced producer of sexual misconduct and maintains he worked to sabotage her career when she spurned his advances.Though the harassment portion of her case against the former movie mogul can not proceed, her allegations of defamation will be heard in court next year.

Despite "serious discussions to play a major role in the Lord of the Rings trilogy", court documents state, Judd wasn't cast in the film.

In the ruling he said that while the American actress' sexual harassment claim would be dismissed, her defamation case against the movie mogul could still go ahead.

Mr Weinstein's lawyer, Phyllis Kupferstein, welcomed the judge's decision.

"We have said from the beginning that this claim was unjustified, and we are pleased that the court saw it as we did".

"The burden on Weinstein has the potential of being dramatically and unfairly negative if the stay is denied".

Still, Judd will move forward with the defamation side of her suit against Weinstein.

Ashley's lawyer, Theodore J Boutrous Jr, countered: 'Nothing about today's ruling changes that Ms Judd's case is moving forward on multiple claims.

Mr Weinstein is to stand trial in May in NY on five charges, including rape, involving two other women. Dozens of women have accused the former Weinstein Company owner of varying levels of abuse, including harassment, assault, and even rape.

Weinstein vehemently denied trying to derail Judd's career, and in August, he filed a motion asking for the actress' case to be dismissed, declaring the accusations are based on unfounded speculation.

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