Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument was recorded and can be found here.
In her lawsuit (Index No. 952107 / 2023), Ormond alleged that Harvey Weinstein sexually assaulted her in her apartment and that Defendants are liable for the assault. As Littler previously reported, Ormond’s complaint sought to plead negligent supervision and negligent retention against Miramax and Disney, and negligence and breach of fiduciary duty against her talent agency, CAA, in an attempt to hold them liable. Ormond alleged that Miramax and Disney employed Weinstein. None of the corporate defendants employed Ormond, but Ormond’s attorney advanced claims against them under theories generally brought by employees.
The companies moved to dismiss Ormond’s claims, arguing principally that her negligence theory does not create a duty of care to her that is normally reserved for employees. The companies argued that they had no duty of care to Ormond, that in any event the assault against her was not foreseeable, and further that they had no control over Weinstein’s conduct outside of work with a non-employee. However, the lower court denied the companies’ motions to dismiss and permitted the claims to move forward past the pleading stage. The companies appealed and the appeals are pending.
This case reflects a...
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