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Judge dismisses majority of Lively's harassment claims
A federal judge has thrown out 10 of the 13 allegations in actress Blake Lively's sexual harassment lawsuit against her It Ends with Us co-star Justin Baldoni, allowing only three claims to proceed to trial.
Remaining claims set for May trial
Judge Lewis Liman ruled on Thursday that breach of contract, retaliation, and aiding and abetting in retaliation will be heard in a New York civil trial beginning 18 May. The dismissed allegations included harassment and defamation.
Lively's legal team, led by attorney Sigrid McCawley, stated the case remains focused on what they describe as "devastating retaliation" and efforts to damage the actress's reputation. McCawley emphasized that the sexual harassment claims were dropped due to a legal technicality, not because the allegations lacked merit.
"This case has always been and will remain focused on the devastating retaliation and the extraordinary steps the defendants took to destroy Ms. Lively's reputation."
Sigrid McCawley, Lively's legal team
Lively plans to testify at the trial, McCawley added, vowing to "shine a light on this vicious form of online retaliation."
Legal battle origins and counter-suits
The dispute began in 2024 when Lively sued Baldoni, accusing him of harassment and a smear campaign during the filming of It Ends with Us, a film adaptation of Colleen Hoover's best-selling novel. Baldoni denied the allegations and filed a $400 million counter-lawsuit against Lively, alleging civil extortion, defamation, and invasion of privacy.
A judge dismissed Baldoni's counter-suit last year, ruling that his legal team had not sufficiently proven wrongful extortion, describing Lively's actions as "legally permissible hard bargaining."
Judge's reasoning for dismissals
In his 152-page ruling, Judge Liman cited several reasons for dismissing the majority of Lively's claims. He determined that California's sexual harassment laws did not apply because the alleged misconduct occurred during filming in New Jersey, lacking the "substantial connection" required for jurisdiction.
Liman also ruled that Lively, as an independent contractor rather than an employee, was ineligible to bring certain harassment and retaliation claims. Additionally, he dismissed defamation allegations against Baldoni's lawyer, Bryan Freedman, stating that his public statements were directly tied to the ongoing litigation and thus not actionable.
"To be sure, much of what Lively complains about is not actionable. The Wayfarer Parties were entitled to engage public relations and crisis management specialists to protect their reputations. However, certain conduct at least arguably crossed the line."
Judge Lewis Liman
Allegations of coordinated retaliation
Lively's legal team accused Baldoni and his production company, Wayfarer Studios, of orchestrating a campaign to tarnish her reputation, including social media manipulation and planting negative narratives through friendly journalists. These claims were detailed in a New York Times article published before the lawsuit was filed.
Baldoni's counter-suit had also targeted Lively's husband, actor Ryan Reynolds, and their publicist, alleging they conspired to ruin his career. He claimed Lively threatened to withhold promotion of It Ends with Us unless her demands were met, an accusation the judge dismissed as lawful negotiation.
Notable details and next steps
Evidence in the case has included text messages between Lively and singer Taylor Swift regarding Baldoni. The trial, scheduled for 18 May, will focus solely on the three remaining claims: breach of contract, retaliation, and aiding and abetting in retaliation.
The BBC has reached out to Baldoni's legal representatives for comment but has not yet received a response.