In a major setback to Lively's sexual harassment suit against Baldoni, a judge has thrown out 10 of her 13 claims, including claims of harassment, defamation...
Judge Lewis J. Liman granted in part Justin Baldoni’s motion for summary judgment and judgment on the pleadings U.S. District Judge Lewis J. Liman dismissed the majority of Lively’s claims, including harassment, defamation and conspiracy, while allowing a narrower set of allegations, including breach of contract and two retaliation-related claims, to move forward to trial.
Judge Liman wrote that certain claims could not proceed as a matter of law — including those dependent on Lively being classified as an employee — while others, particularly her retaliation-related allegations, were sufficiently supported to continue. The ruling dismisses some claims, including Lively’s Title VII retaliation claim and California Labor Code retaliation claim, as well as certain claims against individual defendants. It allows others — including her one retaliation claim against Wayfarer and related entities — to proceed. The case remains on track for trial on May 18.. She alleges Baldoni subjected her to sexual harassment and that he and the other defendants orchestrated a retaliatory smear campaign “to destroy” her reputation in connection withHe argued that Lively failed to meet the legal standard required to prove harassment, at one point calling the allegations “small potatoes.” Liman responded, “A whole bunch of little things can add up to a big thing.”Baldoni’s attorney, Jonathan Bach, argued the dispute stemmed from creative disagreements, not unlawful conduct. “This is a case about making a movie, one with highly charged romantic and sexual themes,” Bach told the court, noting that an intimacy coordinator was available and that the source material included sexual content. Lively’s attorney, Esra Hudson, countered that Baldoni’s conduct was “consistently inappropriate and crossing boundaries,” alleging he introduced sexualized material not in the script, including a birth scene and a dance sequence in which he allegedly “nuzzled” Lively.Hudson also argued that Lively faced retaliation after raising concerns, including when she declined to appear in photographs with Baldoni. “She said she did not want pictures with him. That was protected conduct,” Hudson told the court. Justin Baldoni and Blake Lively are seen on the set of"It Ends with Us" on January 12, 2024 in Jersey City, New Jersey.
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