Blake Lively's 'It Ends With Us' Case to Go to Trial Without Sexual Harassment Claims
Justin Baldoni and Blake Lively filming 'It Ends With Us.'
Jose Perez/Bauer-Griffin/GC Images
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Justin Baldoni will not have to face most claims in Blake Lively‘s lawsuit over alleged sexual harassment on the set of It Ends With Us. The decision significantly narrows the scope of the case as it marches toward trial.
U.S. District Judge Lewis Liman on Thursday dismissed the majority of Lively’s case, including claims for defamation, conspiracy and sexual harassment. Absent a last-minute settlement, the trial will center on allegations of breach of contract, retaliation by Baldoni production company Wayfarer, and aiding and abetting retaliation by the public relations shop hired by the director.
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While the core claim for sexual harassment will not be considered by a jury, the court signaled that actions taken by Baldoni’s camp in the wake of the allegations could be problematic.
“Certain conduct at least arguably crossed the line,” wrote Liman. He added, “There are limits to the response that the accused can make in response to claims of harassment. There comes a point where the accused stops simply defending him or herself and starts taking action that a reasonable jury could view as retaliation for the fact that the accuser had the temerity to make the accusations.”
Lively claimed in her lawsuit that Baldoni orchestrated a retaliatory campaign in the press and on social media after she publicized allegations of sexual harassment on the set of the movie.
While the It Ends With Us director was entitled to protect his reputation, the court found that some of the allegations advanced by Baldoni could constitute an attack on Lively’s reputation. It pointed to key messaging points in Baldoni’s public relations campaign that the actress had a “less than favorable reputation in the industry span[ning] decades,” and that “production members lost their jobs due” her alleged takeover of the film. There’s evidence that could lead a jury to conclude that Wayfarer planned more aggressive meant to destroy her career, according to the ruling.
According to court documents, Melissa Nathan, Baldoni’s crisis communications specialist, said that she can’t send certain documents “that could get us in a lot of trouble” due to concerns over them ending “up in the wrong hands.” She added, “You know we can bury anyone.” Wayfarer founder Steve Sarowitz similarly stated, “There will be two dead bodies when I’m done.”
Wayfarer has maintained that any actions it took was meant to defend itself and that they never ended up taking many of the offensive action they contemplated, though the court said that some of those plans were put into action. This includes Baldoni requesting his public relations representatives to amplify a video criticizing Lively as insensitive to domestic violence survivors.
The dismissal of the sexual harassment claim stemmed from Lively’s failure to meet legal requirements, some of which concern the contracts governing the production.
“Ultimately, Lively fails to confront what is the central dilemma in her claim,” wrote Liman, adding that the actress “cannot identify when exactly there was an agreement and what that agreement specified.”
In a statement, Sigrid McCawley, a lawyer for Lively, said the case has “always been and will remain focused on the devasting retaliation and the extraordinary steps the defendants took to destroy Blake Lively’s reputation because she stood up for safety on the set.” She added, “For Blake Lively, the greatest measure of justice is that the people and the playbook behind these coordinated digital attacks have been exposed and are already being held accountable by other women they’ve targeted.”
Lively is set to testify in the trial, which is scheduled for May. It’ll put clashing narratives advanced by the actress and Baldoni against each other. One tells a story of sexual harassment and retaliation by a filmmaker backed by a billionaire funding a unscrupulous network of public relations professionals. The other is the tale of an A-list actress, aided by some of the biggest celebrities in the world who include husband Ryan Reynolds and friend Taylor Swift, scheming to rip away control of a di