Most of Rose McGowan's civil claims against Harvey Weinstein and his attorneys were dismissed by a federal judge on Monday. However, the judge allowed the actor to proceed with the argument that she was defrauded when she was tricked into revealing details of her memoir, reported Variety.
The Variety report added that McGowan was approached by a woman she knew as Diana Filip and Filip gained McGowan’s confidence and was able to see a draft of Brave, McGowan’s memoir, in which she accused Weinstein of assaulting her at the Sundance Film Festival in 1997.
The actor's lawsuit included claims of fraud, invasion of privacy, civil racketeering, computer hacking, illegal recording, conversion, and intentional infliction of emotional distress.
In the Monday ruling, Judge Otis Wright dismissed nine of the 11 claims, several of which were dismissed because the suit was filed after the two-year statute of limitations.
The judge also rejected the civil RICO charge on the grounds that the scheme to trick her into turning over a copy of her book was not racketeering activity.
The two claims of fraud were allowed by Judge Wright as he found a plausible argument that Weinstein and his lawyers had hired Black Cube and were thus vicariously liable for the spy firm's action. McGowan also argued that the fraud cases made her lose job opportunities, damage professional relationships, and cause mental health issues. The judge allowed McGowan to amend and refile cases that were dismissed.
The actor had filed a federal suit in October 2019, accusing Weinstein and attorneys Lisa Bloom and David Boies as well as private intelligence agency Black Cube of conspiring to discredit her and suppress her claim that Weinstein had sexually assaulted her.
McGowan had claimed that when she began working on her memoir, Brave, in which she planned to describe her allegations that Weinstein raped her in 1997, the media mogul enlisted Black Cube to obtain information about her book by spies posing as women's rights advocates and journalists to obtain a copy of the memoir, illegally record her conversations and smear her to those in the industry who were working on projects with her.
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