“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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Knecht v. Evridge

Citation: 2020 S.D. 9

Opinion Date: February 26, 2020

Judge: Salter

Areas of Law: Contracts, Real Estate & Property Law

The Supreme Court reversed the circuit court's dismissal of Plaintiff's deceit claim and affirmed the circuit court's rulings as to Plaintiff's breach of contract, negligent misrepresentation and fraud claims and as to Defendants' counterclaim seeking damages under two three-year lease agreements allowing Plaintiff to rent Defendants' ranch, holding that the circuit court erred in concluding that Defendants fraudulently induced Plaintiff to enter into one of the leases. Following disputes between the parties, Defendants refused Plaintiff's lease payments for the second year. Plaintiff filed suit, and Defendants counterclaimed. The trial court found one lease valid and binding and the other lease valid but voidable. A jury awarded damages to both parties. The Supreme Court reversed in part and otherwise affirmed, holding (1) the circuit court did not abuse its discretion in its evidentiary rulings and in its jury instructions; (2) the circuit court did not err when it found the second lease voidable instead of void; and (3) the circuit court erred when it granted Defendants' motion for summary judgment on Plaintiff's claim that Defendants fraudulently induced him to enter into the second lease. The Court remanded the case for a new trial on Plaintiff's deceit claim.