A Breakdown of the Proposed Weinstein Settlement

The attorneys for Harvey Weinstein, the board of directors of The Weinstein Co., and nearly 30 of Weinstein’s accusers have reportedly reached a tentative civil settlement. Pending approval by the presiding judges regarding two of his cases, a $47 million settlement of nearly all the civil lawsuits pending against Harvey Weinstein would compensate his accusers with approximately $25 million.

According to the proposed settlement, the insurance companies of The Weinstein Co. would be required to pay out $6.2 million, which would be paid to the 18 women who filed suit against Weinstein, alleging that he committed numerous acts of sexual misconduct ranging from sexual harassment to rape. The remaining $18.5 million would be allocated for a class-action lawsuit in New York that accuses Weinstein and The Weinstein Co.’s board of directors of systemically creating a pattern of sexual misconduct. The class-action allocation would not cut out those who would otherwise be prohibited from filing suit by the running of the applicable statute of limitations.

“Pending approval, the proposed civil settlement was reached just under two years since litigation commenced and meets mixed reviews amongst Weinstein’s accusers and their lawyers,” states Attorney Robert Marcus of Marcus & Mack. “Despite his accuser’s receiving monetary compensation, the negotiated settlement would not require Weinsten to admit any wrongdoing, which is often a critical component in many of these cases.”

Two accusers have made it known that they will challenge the proposed settlement. Additionally, the actress Ashley Judd’s civil case in California, which is not part of the proposed settlement, remains pending. What’s more, the five criminal charges – including rape and performing a forcible sex act – against Weinstein remain pending, and they are not affected by or part of the proposed civil settlement.

A recent bail increase regarding Weinstein’s criminal charges resulted from allegations that Weinstein improperly used his electronic ankle monitor, but he remained out of prison after posting a $2 million bond. Regarding the criminal matters, Weinstein pleaded not guilty and the trial is set for this January. If a civil settlement is not approved, it is possible that the civil litigation will be postponed during the criminal trial.