The judge has reportedly allowed her to proceed with the argument that she was defrauded when she was tricked into revealing significant details of her yet-to-be-published memoir Brave.
McGown originally filed the suit over the events surrounding a woman known as Diana Filip—a supposed advocate for women who befriended the actress and became her confidante in 2016, right as McGowan was preparing to go public with her accusations against Weinstein. Filip, who was reportedly revealed to actually be working for Black Cube—a company that had been hired by Weinstein and his attorneys—even managed to secure a peep at McGowan's draft for Brave, in which she detailed the alleged 1997 assault.
Filed in October of 2019, McGowan's lawsuit included claims of civil racketeering, fraud, invasion of privacy, computer hacking, illegal recording, conversion and intentional infliction of emotional distress.
However, in the recent ruling, Judge Otis Wright dismissed most of the claims due to the suit being filed after the two-year statute of limitations. He also rejected her claim that the alleged scheme to trick her into turning over a copy of her draft book constituted as racketeering.
Though Weinstein's attorneys have sought to have the claims against them dismissed on the grounds that all activity was solely conducted by Black Cube, a judge had found plausible argument that they had hired the firm and were thus vicariously liable for their actions.
One of the claims that remain are that McGowan suffered significant harm as a result of the duplicity, including lost job opportunities, damages to professional relationships and mental health issues.
“What these people have done to my standing in the world has been systematic—it’s been evil,” said McGowan. “It’s one of the worst cases of gaslighting I’ve ever heard, and it’s starring me.”
One of the more troubling parts of this case has undoubtedly been the involvement of Lisa Bloom, daughter of esteemed feminist attorney Gloria Allred. Bloom, who has gained her own notoriety for defending victims of sexual assault, was revealed to have approached Weinstein when McGowan's plans to come forward became known.
In a leaked email, the lawyer allegedly wrote to her future client about how they could go about 'smearing' McGowan's reputation. "I feel equipped to help you against the Roses of the world, because I have represented so many of them," she said, adding, “We can place an article re her becoming increasingly unglued, so that when someone Googles her this is what pops up and she’s discredited.”
In a tweet responding to a New York Times story about the book She Said by Jodi Kantor and Megan Twohey which detailed her involvement, she made a public apology and reaffirmed that she left Weinstein's team when more accusers began to surface, writing: "I thank Jodi Kantor, Megan Twohey and Ronan Farrow for forcing me to confront the colossal mistake I made in working for Weinstein two years ago... My law firm has gone from 95% to 100% victim side and that's where we stay."
In March of this year, Weinstein was officially found guilty of rape and sexual assault in a New York courtroom and sentenced to a total of 23 years in prison.
He will also require five years of supervised release and will be registered as a sex offender.
Addressing the court, a feeble Weinstein remarked that he didn't understand the #MeToo movement. "I am totally confused,” he said. “I think men are confused about all of this… this feeling of thousands of men and women who are losing due process. I’m worried about this country. This is not the right atmosphere in the United States of America,”
He is yet to be sentenced in Los Angeles, where he faces a further 28 years in prison for five felony counts of sexual assault.
Weinstein also recently contracted the coronavirus while in prison—very unfortunate stuff.
