>Harvey Weinstein Might Have a Case Against Rose McGowan For Her Twitter Rape Accusations
>While it would be a monumentally bad public relations move, Harvey Weinstein‘s lawyers could go after actress Rose McGowan for her recent comments on Twitter accusing the fallen movie mogul of rape. He might even have a case against her and others who are speaking out. That’s because many of these women signed non-disclosure agreements.
>According to The New York Times, in 1997, McGowan reached a $100,000 settlement with Weinstein over an incident in a hotel room. Standard legal language in the contract stated that the settlement could “not be construed as an admission.” But more importantly, many (all?) of Weinstein’s alleged victims were asked to sign “non-disclosure agreements.” These agreements prohibit women, like McGowan, from saying anything about what happened or mentioning the fact that the case was settled privately.
>We got further proof that McGowan was under such an agreement with Weinstein when she initially refused to reveal her identity to Ronan Farrow citing legal concerns.
>If he wanted to, Weinstein could certainly bring suit against McGowan, and even try to recover some of the settlement money he paid her. This appears to be a breach of contract on her part.
Lol good luck enforcing NDAs concerning that subject.
Jayden Foster
It's not enforcing the NDA. It's getting back the $100k she agreed to when she took the settlement and signed the NDA to agree to never make rape accusations in the future.
She didn't have to take the money. But she did.
Cameron Mitchell
>Roasties think contracts mean nothing because muh fee fees If you accept the money then you've accepted the consequences. Don't fucking sign that shit if you want to be able to prosecute him later. You can't have your cake and eat it too you greedy fat cow.
I think Weinstein should get fucked but she's an idiot if she actually signed an NDA.
Kevin Ortiz
>implying you can sign away your legal rights
Yeah, if he raped her he has no right or expectation that she must honor any NDA he forced her to sign.
>In 1997, Mr. Weinstein reached a previously undisclosed settlement with Rose McGowan, then a 23-year-old-actress, after an episode in a hotel room during the Sundance Film Festival. The $100,000 settlement was “not to be construed as an admission” by Mr. Weinstein, but intended to “avoid litigation and buy peace,” according to the legal document, which was reviewed by The Times. Ms. McGowan had just appeared in the slasher film “Scream” and would later star in the television show “Charmed.” She declined to comment.
Christopher Reyes
imagine fucking prime rose
Andrew Barnes
imagine if rose was the only one who went to jail for this haha
Eli Martin
>imagine fucking a dumb whore who let a fat goblin kike finish inside her No thanks I'll stick to fucking men
Grayson Perry
That's not how it works. She had the option of bringing forth the rape charges and going to the police in 1997.
Instead, of her own free will, instead of charging him with rape she agreed to accept a $100k payout and sign an NDA saying that she would never talk about this incident again.
If she breaks the NDA she has to pay the money back.
Jayden Collins
Punished rose U N I S H E D
Nathaniel Miller
legally I dont think she broke an agreement we have not seen or read and that isnt public.
No countersuit would occur because it would involve documenting that agreement and due to there being no admittance of wrongdoing on Weinsteins part would as scope open that up for the record.
What we know as fact is in the agreement signed that Weinstein admits no fault, meaning any breach that would occur would require that the agreement be void which would leave Weinsteins exposure to direct testimony through arbitration a risk that no sane lawyer would suggest.
Like I said above, its all speculation without seeing the actual document and only the parties involved have access to that and neither party have released that document to the public for any review for a breach of that agreement. so in the end the article is clickbait trash for legal eagles and law students.
Daniel Campbell
>While it would be a monumentally bad public relations move At this point does that even matter?
Anthony Russell
Well if they can throw out prenups they should be able to do the same to NDAs under certain circumstances. Joe Schmoe who isn't a millionaire? Fuck him. The millionaire though his contracts are sacred. Litigation culture in general is a big cancer in America that can be linked to why med bills are so high if you want to delve that deep. Or it could be that she was the one actress even Big Bad Harv rejected from the couch, which would be hilarious from a wolf cryer like she seems to have been over the years.
Gabriel Ortiz
I love how hollywood is imploding over this shit
about time
Michael Clark
No that is how it works. If he tries to shut her down for breaking an NDA over a CRIME, then all he would be doing is adding conspiracy to pervert justice to the chargesheet against him.
Brandon Martin
You don’t go to jail for something like this. It’s a purely civil matter.
Austin Miller
Movies where the good guy wins?
William Flores
Yes, but if he actually gets a guilty verdict at some point he can take the money away from the victims right? Since then he has nothing to lose.
Caleb Sanders
Punished ben afflecki
Jonathan Jackson
I highly fucking doubt he gives a shit about the money. If he tried to go to court over this shit he'd just come off it even worse.
Grayson Hill
Oh my goodness you're gay. Have my condolences.
Dominic Thomas
Guys guys guys at the ramrod inn fort Lauderdale
Benjamin Price
If he gets her to sign an agreement for 100k saying "I am about to rape you, you cannot prosecute me later or talk about this" then you would be correct.
But that's not what happened.
She alleges he raped her. He says he didn't. Their lawyers came to an agreement that, without admitting guilt, Weinstein would agree to pay her $100k and in exchange she would drop the accusation, never talk about the accusation, and never talk about the fact she signed an NDA. She agreed to the conditions and took the money.
Austin Scott
>Yes, but if he actually gets a guilty verdict at some point he can take the money away from the victims right? Since then he has nothing to lose. If your saying that if he succeeded in pursuing a breach of the agreement with Rose and won could he take the money and win?
Not really, it just means that the same thing would have to be re adjudicated or worse due to the exposure since if he did "win" he would be removing the agreement between Rose and Weinstein that he admits no fault, meaning that now Rose could pursue actual fault.
Lawyers jobs are to minimize risk and the exposure of risk to clients. Hence no sane lawyer would give Weinstein advice to challenge the status of the agreement thus removing Weinsteins' no fault disposition.
Like I said its click bait legal trash for lawyers and pre law/law students like me. We can talk about it all day though in minutia but its all pointless speculation but hey that is how we roll :D
John Kelly
>Law Newz >with a "z"
Seems legit
Julian Smith
But she agreed that mum's the word, by blabbing she's now libel. Harvey Lawyer is well within his client's right to ask for 100k adjusted for inflation.
Anthony Thomas
Thanks for the warning.
Ryder Bailey
Thanks for the insight, gl with your education.
Ryan Cook
brofist
Hudson Bell
...
Jonathan Price
>Accepted money in exchange for being sexually assaulted Whore. >Agreed to keep quiet about a sexual predator who would go on to target future victims Accomplice. >Broke her NDA Crooked.
Henry Clark
>coming over all self-righteous when you took a hundred grand silver handshake
Adrian Cooper
He would be pretty stupid to sue because the amount of public backlash would be astronomical
Samuel Jones
not to mention she starred in a movie made by a convicted baby raper
Jonathan Rivera
>implying he will sue her
He's going to try and come across as a changed guy. There's no threat of her being sued.
James Rivera
Could he recover the settlement without admitting or implying guilt? Something happened otherwise there wouldn't have been an agreement in the first place and there is obviously something in place because she hinted at least troubles in the past. He doesn't have much of a reputation to protect so there shouldn't be anything keeping him from punishing her.
Nolan Wright
>Could he recover the settlement without admitting or implying guilt? Any breach must be arbitrated. The arbitration process is used to fact find for the underlying dispute to provide a legal remedy for either party.
This is a civil matter meaning a private person cant say make you sign a contract where you are fined 10$ everytime you make a typo for the rest of your life meaning no document grants cert to an individual over any other persons life no matter what they sign, any and all breaches or violations would need to be contested and arbitrated.
tldr Firstly, he cant just walk in and say she violated it and gibbe monie back plz. Secondly, through arbitration if there was a breach found it would nullify the original agreement requiring re-arbitration of that agreement. Meaning Rose could literally drag anyone and everyone in now and Harvey since its arbitration may be compelled to testify for the record in order to reach a satisfactory settlement among the 2 parties.
Right now with his wife leaving him under cali law, last thing he is worried about is the chump change Rose signed for, thats pocket money to Weinstein compared to his holdings and empire that now are at stake due to their kinda crazy marital laws for equity in California but I dont know enough about their state family law to be able to provide much help sadly.
Hudson Bennett
i cant take her seriously with that gi jane butch cut nor do i are about her in the least due to it.
Daniel Flores
So what prevented her from speaking out up until now? Does it not matter anymore because Weinstein has a million other things to contend with and McGowan is the last thing on his mind? And if he was innocent couldn't he have counter-sued in the beginning instead of essentially buying her silence or if she had an actual case couldn't she have just took it to court back in 1997?
Nathaniel Rodriguez
>100k Don't forget the interests, goy.
Christian Hernandez
You can't get more consentual than an signed nda. Boom goes the dynamite.
Nathan Diaz
CAN'T STEIN THE WEIN
Anthony Morris
more than likely she'll win any suit brought against her and it'll set a similar precedent, not to mention a lot of old white guys are gonna be out of a job in hollywood soon, and they'll be replaced by women, it's never been a better time to be a woman ;^)
Landon Reyes
>So what prevented her from speaking out up until now? its called hush money for a reason user :D
i dont know what is in her head, but personally anyone who takes money to keep quiet so some serial jewy perv go around raping more people gets no sympathy or support from me.
If Rose is going to slay anything maybe she should start by slaying her ego that demands her to behave like an attention whore, sadly that isnt a crime.... yet....
> if he was innocent couldn't he have counter-sued in the beginning instead of essentially buying her silence To counter sue she would need to sue him, this was basically a hush money agreement, as far as I know it did not stem from an actually opened legal case, no results I can find under her name with weinstein in the state of california on lexusnexus.
Sebastian Stewart
She took the money, stayed silent for 20 yrs and let this continue to happen, yet she is the hero of this story?
That disgusts me more than anything.
Sebastian Butler
except that all women hate each other, especially in the movie industry
David Scott
>fuck roastie >sue her for talking about it and take your money back+tip
Benjamin James
its chump change to weinstein. hed spend more in legal fees to do that anyways since we all know gloria allred will go all in for Rose since ya know lawyers love money and that weinstein he got alot of it!
Aaron Martin
>anyone who takes money to keep quiet so some serial jewy perv go around raping more people gets no sympathy or support from me. No question about it. Morally speaking what she did was horrendous. But we as a society have bought the lie that women can only be the victims so... what can you do? Almost everyone involved in this mess have quite a few skeletons in their closests.
> To counter sue she would need to sue him, this was basically a hush money agreement, as far as I know it did not stem from an actually opened legal case Gotcha. Thanks.
