NEW YORK — Nearly seven years following a significant investigation into sexual harassment claims, a New York State jury has made a landmark ruling against filmmaker James Toback, awarding $1.68 billion in damages to 40 women. The court found Toback liable for a series of accusations including sexual assault, false imprisonment, coercion, and psychological abuse, marking a significant moment in the ongoing #MeToo movement.
Jurors allocated $280 million as compensatory damages and a substantial $1.4 billion in punitive damages. This verdict underscores a robust statement against sexual misconduct within the entertainment industry and beyond.
“This will be his legacy, without a doubt, not his films. It’s hugely validating – a jury heard us and believed us,” expressed Mary Monahan, one of the plaintiffs significantly moved by the jury’s verdict.
Lead counsel Brad Beckworth conveyed that their appeal to the jury was explicit — to deliver a resounding message across various sectors that the #MeToo movement continues to push for accountability and change. “This kind of conduct is unacceptable, and it will not be tolerated,” Beckworth stated.
Toback, recognized for his Oscar-nominated screenplay for the 1991 movie “Bugsy,” maintained his absence throughout the weeklong trial. His attempts to dismiss the case were unsuccessful, and after a denial from the judge on his second dismissal request, Toback ceased participation in the proceedings, leading to a partial default judgment against him.
Initially named in the December 2022 lawsuit was also the prestigious Harvard Club of New York City. The venue, known for its association with Harvard University alumni, was where Toback allegedly met several of the plaintiffs. However, it was later removed from the case by mutual agreement.
Recounting the experiences, the lawsuit indicated that Toback lured women under the guise of offering auditions or interviews, which swiftly turned inappropriate. A total of 40 women testified, with half of them appearing in person and the others providing prerecorded video testimonials.
Reflecting on the trial, plaintiff Marianne Hettinger noted the emotional weight of sharing her story and the collective sense of validation that followed the jury’s decision. “It’s incredibly healing to finally be heard and acknowledged in such a human way,” Hettinger said.
The significant ruling drew on legal avenues provided by New York’s Adult Survivors Act, passed in 2022, which granted survivors of sexual offenses a one-year window to file civil claims, regardless of when the abuse occurred. Attorney Ross Leonoudakis highlighted the historical span of the allegations, which dated from as early as 1979 up to 2014.
This trial follows another high-profile lawsuit under the same Act against former President Donald Trump, marking it as the second major case invoking this new legislation. The Act has also seen legal actions initiated against other prominent figures such as Bill Cosby and Rudy Giuliani.
In defense, Toback had previously denied all allegations in 2017, citing health issues that he claimed made the alleged actions impossible. Despite his denial, the allegations led to an outpouring of similar claims by nearly 400 other women following the investigative report.
While the substantial financial judgment marks a victory, for many plaintiffs, like Monahan, the case was less about monetary compensation and more about seeking justice. “It’s not about the money. It was about standing up and being heard for the sake of justice,” Monahan remarked following the verdict.
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