Sexual Harassment Case Against Harvey Weinstein Dismissed In Federal Court, Then Filed In State Court.



A Federal Court lawsuit in the United States District Court for the Southern District of New York against Harvey Weinstein, filed by his former personal assistant Sandeep Rehal, has been dismissed.  In the lawsuit, Rehal, who was Weinstein’s personal assistant from February 2013 through February 2015, alleges, among other things, that Weinstein made her pick up used condoms, clean semen from his couch and maintain a supply of injectable erectile dysfunction drugs.  The Federal Court case was dismissed on jurisdictional grounds because Rehal could not allege the citizenship of the Weinstein Company defendants in such a manner as to come under the jurisdiction of the Federal Court.  In light of the fact Rehal was not suing under a federal statute, she was  required to allege the citizenship of each of the defendants.  In a letter to the Court, Rehal’s attorney informed the Court that she could not allege the citizenship of the Weinstein Company defendants.  Thereafter, the Court dismissed the case.

However, the story did not end with the Federal Court dismissal.  On February 27, 2018, Rehal filed her action in New York State Court.  In the State Court lawsuit, Rehal makes the same allegations as in the Federal Court case and claims that Weinstein violated the New York State and City of New York Human Rights Laws.  In light of the fact that those laws have a three year statute of limitations and Rehal alleges that she last worked for Weinstein in February 2015, it is possible that Weinstein may seek to have the State Court action dismissed on the ground it was commenced after the statute of limitations expired.

Stay tuned.  We will post further developments in this case.

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