Blake Lively- Jason Baldoni and NYT - False Light claims

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:But surely what Gottlieb really regrets now is that he has provided Freedman a roadmap for his remaining two claims instead of refraining to file any MTD at all. So I guess he sent them to the grocery store for milk, or the hardware store for nails, or something like that, and surely has deep regrets because although Gottlieb was able to obtain nearly everything on his list, now Freedman knows what’s on his list, or something like that.


Is this sarcastic? I think this was a good day for Lively but I think overall this case has been horrible for her, and I think a trial would be a big mistake. I think the Lively people on here will snark, but I objectively think this would be a great opportunity for her to push for a settlement and try to end this mess that she shouldn’t have started. And no, I’m not saying for 400 million. Maybe that each agree to withdraw claims and release a joint statement and donate a sum to some NFP. Unfortunately I wonder if her team is giving her smart guidance though


It sounds like HIS team gave him terrible guidance.


How so? He came out swinging and reset the conversation quite a bit. If I had just read that article, I would have thought he was a total creep. I have had random people send me the snark tik toks on Blake. People who are as liberal as they come and not misogynists. She misplayed this here, and a lot of people don’t like her now. I think you can admit that. If she had a legit claim, she should have brought it forward using Normal channels and not leaked a one sided piece to the NYT


Babe, he lost. It's crazy y'all can't see this. He filed a BS complaint and it got dismissed before discovery was complete. Do you realize how rarely cases get dismissed at the MTD stage? This is a HUGE loss for Baldoni and Wayfarer. You can look at all the tik toks slamming Blake you want (which would exist even if this case doesn't, because to paraphrase Baldoni's own PR team, people just really want to hate a woman) but it doesn't change this simple fact:

HE LOST


People *hate* Blake now. Justin won the PR war, regardless of what comes out of this legal mess.


Exactly. People can’t stand her and think she ‘won’ on a technicality


The technicality being he literally didn't have a case
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:But surely what Gottlieb really regrets now is that he has provided Freedman a roadmap for his remaining two claims instead of refraining to file any MTD at all. So I guess he sent them to the grocery store for milk, or the hardware store for nails, or something like that, and surely has deep regrets because although Gottlieb was able to obtain nearly everything on his list, now Freedman knows what’s on his list, or something like that.


Is this sarcastic? I think this was a good day for Lively but I think overall this case has been horrible for her, and I think a trial would be a big mistake. I think the Lively people on here will snark, but I objectively think this would be a great opportunity for her to push for a settlement and try to end this mess that she shouldn’t have started. And no, I’m not saying for 400 million. Maybe that each agree to withdraw claims and release a joint statement and donate a sum to some NFP. Unfortunately I wonder if her team is giving her smart guidance though


It sounds like HIS team gave him terrible guidance.


How so? He came out swinging and reset the conversation quite a bit. If I had just read that article, I would have thought he was a total creep. I have had random people send me the snark tik toks on Blake. People who are as liberal as they come and not misogynists. She misplayed this here, and a lot of people don’t like her now. I think you can admit that. If she had a legit claim, she should have brought it forward using Normal channels and not leaked a one sided piece to the NYT


Babe, he lost. It's crazy y'all can't see this. He filed a BS complaint and it got dismissed before discovery was complete. Do you realize how rarely cases get dismissed at the MTD stage? This is a HUGE loss for Baldoni and Wayfarer. You can look at all the tik toks slamming Blake you want (which would exist even if this case doesn't, because to paraphrase Baldoni's own PR team, people just really want to hate a woman) but it doesn't change this simple fact:

HE LOST


I disagree.

Oof. These are the sorts of comments I’m seeing in reactions online..

‘Lively group celebrating like they won... it was a technicality of how the lawsuit was filed.
Not to mention, the court that really matters here is Court of Public Opinion, and she lost already’


It is not a "technicality." The judge has said that there is no legal basis for the defamation and extortion claims. That's substantive. They were dismissed with prejudice. He's saying that even if they cured the group pleading issue (which they should have cured months ago anyway), the claims would fail because the aren't even alleging anything for which they could claim damages.

And trust me, the court of public opinion is going to be swayed by a bunch of headlines stating (truthfully) that Baldoni lost his great big legal action against Lively, Reynolds, the NYT, and her publicist. YOU hate her with the heat of a thousand suns, but most people don't care enough about any of it to hate her that much. This is much, much more damaging for Baldoni's public image than hers.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:But surely what Gottlieb really regrets now is that he has provided Freedman a roadmap for his remaining two claims instead of refraining to file any MTD at all. So I guess he sent them to the grocery store for milk, or the hardware store for nails, or something like that, and surely has deep regrets because although Gottlieb was able to obtain nearly everything on his list, now Freedman knows what’s on his list, or something like that.


Is this sarcastic? I think this was a good day for Lively but I think overall this case has been horrible for her, and I think a trial would be a big mistake. I think the Lively people on here will snark, but I objectively think this would be a great opportunity for her to push for a settlement and try to end this mess that she shouldn’t have started. And no, I’m not saying for 400 million. Maybe that each agree to withdraw claims and release a joint statement and donate a sum to some NFP. Unfortunately I wonder if her team is giving her smart guidance though


It sounds like HIS team gave him terrible guidance.


How so? He came out swinging and reset the conversation quite a bit. If I had just read that article, I would have thought he was a total creep. I have had random people send me the snark tik toks on Blake. People who are as liberal as they come and not misogynists. She misplayed this here, and a lot of people don’t like her now. I think you can admit that. If she had a legit claim, she should have brought it forward using Normal channels and not leaked a one sided piece to the NYT


Babe, he lost. It's crazy y'all can't see this. He filed a BS complaint and it got dismissed before discovery was complete. Do you realize how rarely cases get dismissed at the MTD stage? This is a HUGE loss for Baldoni and Wayfarer. You can look at all the tik toks slamming Blake you want (which would exist even if this case doesn't, because to paraphrase Baldoni's own PR team, people just really want to hate a woman) but it doesn't change this simple fact:

HE LOST


People *hate* Blake now. Justin won the PR war, regardless of what comes out of this legal mess.


Exactly. People can’t stand her and think she ‘won’ on a technicality


The technicality being he literally didn't have a case


Lmao. Yes.
Anonymous
Anonymous wrote:Oh man, just perusing Reddit comments on this and there's so much comedy gold.

Many posters are angry that Baldoni will never get "justice" for the Nicepool parody. Lol folks, making fun of someone via a parody is 100% legal. If it wasn't, do you really not think Donald Trump would have sued, uh, all of Hollywood into oblivion by now?

Also plenty of folks getting exposed for having the shallowest possible understanding of the law here. Lots of people saying that oh he can just amend and not understanding the defamation and extortion claims were dismissed with prejudice and are never seeing the light of day. The claims he can refile are ones for which he has already failed to provide legal basis after months of discovery (like his tortious interference claim for which he STILL has not produced a valid contract related to the claim, probably because no such contract exists or it contains provisions that would make it obvious this claim has no merit).

It's just thrilling to watch people who have so aggressively asserted wrong legal opinions for months be proven so completely and utterly wrong. It happens so rarely! Usually people spout incorrect nonsense on the internet all day long and they never get repudiated as fully as this. The schadenfreude is deep and soothing on this one.


I also feel this 💯. The mean girls on this site laughed and scoffed at us for hundreds of pages and told us over and over that leave to amend was granted freely in federal cases and there was no way these claims would get dismissed without leave to refile. Schadenfreude, indeed.

(PS to Baldoni supporters: shadenfreude is German expression that is commonly used on the internet to express the idea of the pleasure that one often feels from witnessing the misfortune of another, particularly the misfortune of people you disagree with. PP and I are different people.)
Anonymous
Could someone TL;DR the status of this case? Baldoni’s defamation case against Blake and NYT are both dismissed. Lively pulled her emotional distress claims. What’s left?
Anonymous
Many people supporting Baldoni did not even understand that Freedman chose not to move to dismiss any of her claims, so are completely shocked at this result which leaves all of her claims intact and nearly none of his. And the ones of his that remain will involve little in the way of monetary damages, because the film made so much money.
Anonymous
Anonymous wrote:Could someone TL;DR the status of this case? Baldoni’s defamation case against Blake and NYT are both dismissed. Lively pulled her emotional distress claims. What’s left?


Sexual harassment
Anonymous
Anonymous wrote:Could someone TL;DR the status of this case? Baldoni’s defamation case against Blake and NYT are both dismissed. Lively pulled her emotional distress claims. What’s left?


Happily.

Lively v. Baldoni et al: This case is still pending and scheduled to go to trial next March. They are in the middle of the first stage of discovery (focused on document production, have not gotten to depositions yet). Yes Lively is dropping two claims that specifically allege intentional infliction of emotional distress. However, her core claims are all still standing, including sexual harassment and retaliation, which are her core claims. This case is unaffected by today's decisions.

Baldoni et al v. Lively/Reynolds/Sloane/NYT: This case has been dismissed in full, however some claims have been dismissed with prejudice (meaning they cannot be refiled) and some have been dismissed without prejudice (meaning they could be refiled if the plaintiffs fix some of the problems).

Defamation and extortion claims are dismissed WITH PREJUDICE. Liman said the only actually defamatory statements alleged were within the CRD complaint, which is privileged. And there was simply no extortion alleged at all -- Baldoni et al failed to identify a single thing of value they were extorted out of of. The movie made them a ton of money. They still own the movie. The end, we're never hearing about this again.

There are two contract-related claims that have been dismissed WITHOUT PREJUDICE. These are the tortious interference claim and the breach of implied covenant. These were dismissed because the complaint failed to articulate a legal basis for these claims. In theory, they can file a second amended complaint outlining these claims. I think it's unlikely they will fill the tortious interference claim because I don't think there's an underlying contract breach (because I don't think William Morris violated its contract with Baldoni/Wayfarer when they dropped them as a client -- most agent contracts give agents broad leeway in dropping clients). The breach of implied covenant is similarly problematic but might be more viable, I'd have to look at it.

If Baldoni does not refile any claims, the case will proceed with Lively as the sole plaintiff, and Baldoni, Heath, Wayfarer, Jed Wallace, Jen Abel, and Melissa Nathan as defendants. The case would just be about whether or not sexual harassment occurred on the set, and whether Lively was retaliated against for raising SH concerns.

The New York Times, Leslie Sloane, and Ryan Reynolds are no longer parties to the lawsuit at all (and RR is the only one who could be dragged back in if they refile those contract claims based on his statements to WM reps about Baldoni's behavior).
Anonymous
Anonymous wrote:Where are all of the posters who argued with me when I scoffed at the notion that she should settle this claim... and for over $40 million no less?!? I hope you all enjoyed playing lawyer for a bit while accusing actual lawyers of being paid PR or bots because we wrote posts with multiple paragraphs.

But sure... tell me how this is secretly great for Baldoni and how Baldoni supporters have been neutral/fair when reviewing developments the entire time.


Also 💯
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:But surely what Gottlieb really regrets now is that he has provided Freedman a roadmap for his remaining two claims instead of refraining to file any MTD at all. So I guess he sent them to the grocery store for milk, or the hardware store for nails, or something like that, and surely has deep regrets because although Gottlieb was able to obtain nearly everything on his list, now Freedman knows what’s on his list, or something like that.


Is this sarcastic? I think this was a good day for Lively but I think overall this case has been horrible for her, and I think a trial would be a big mistake. I think the Lively people on here will snark, but I objectively think this would be a great opportunity for her to push for a settlement and try to end this mess that she shouldn’t have started. And no, I’m not saying for 400 million. Maybe that each agree to withdraw claims and release a joint statement and donate a sum to some NFP. Unfortunately I wonder if her team is giving her smart guidance though


It sounds like HIS team gave him terrible guidance.


How so? He came out swinging and reset the conversation quite a bit. If I had just read that article, I would have thought he was a total creep. I have had random people send me the snark tik toks on Blake. People who are as liberal as they come and not misogynists. She misplayed this here, and a lot of people don’t like her now. I think you can admit that. If she had a legit claim, she should have brought it forward using Normal channels and not leaked a one sided piece to the NYT


Babe, he lost. It's crazy y'all can't see this. He filed a BS complaint and it got dismissed before discovery was complete. Do you realize how rarely cases get dismissed at the MTD stage? This is a HUGE loss for Baldoni and Wayfarer. You can look at all the tik toks slamming Blake you want (which would exist even if this case doesn't, because to paraphrase Baldoni's own PR team, people just really want to hate a woman) but it doesn't change this simple fact:

HE LOST


People *hate* Blake now. Justin won the PR war, regardless of what comes out of this legal mess.



This is the bottom line.



Anonymous
Anonymous wrote:Many people supporting Baldoni did not even understand that Freedman chose not to move to dismiss any of her claims, so are completely shocked at this result which leaves all of her claims intact and nearly none of his. And the ones of his that remain will involve little in the way of monetary damages, because the film made so much money.


What was even the strategy for that? Most cases I follow will usually try to dismiss claims even if it doesn't work
Anonymous
Anonymous wrote:
Anonymous wrote:Many people supporting Baldoni did not even understand that Freedman chose not to move to dismiss any of her claims, so are completely shocked at this result which leaves all of her claims intact and nearly none of his. And the ones of his that remain will involve little in the way of monetary damages, because the film made so much money.


What was even the strategy for that? Most cases I follow will usually try to dismiss claims even if it doesn't work


Blake just dropped a significant part of her case last week, no MTD required.
Anonymous
I left hundreds of pages ago but saw the headline and knew the thread would pop back up. I see the Baldoni Fan Club is still as delusional as ever! If Likely wins the harassment case the public’s view of her will shift positive again.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:But surely what Gottlieb really regrets now is that he has provided Freedman a roadmap for his remaining two claims instead of refraining to file any MTD at all. So I guess he sent them to the grocery store for milk, or the hardware store for nails, or something like that, and surely has deep regrets because although Gottlieb was able to obtain nearly everything on his list, now Freedman knows what’s on his list, or something like that.


Is this sarcastic? I think this was a good day for Lively but I think overall this case has been horrible for her, and I think a trial would be a big mistake. I think the Lively people on here will snark, but I objectively think this would be a great opportunity for her to push for a settlement and try to end this mess that she shouldn’t have started. And no, I’m not saying for 400 million. Maybe that each agree to withdraw claims and release a joint statement and donate a sum to some NFP. Unfortunately I wonder if her team is giving her smart guidance though


It sounds like HIS team gave him terrible guidance.


How so? He came out swinging and reset the conversation quite a bit. If I had just read that article, I would have thought he was a total creep. I have had random people send me the snark tik toks on Blake. People who are as liberal as they come and not misogynists. She misplayed this here, and a lot of people don’t like her now. I think you can admit that. If she had a legit claim, she should have brought it forward using Normal channels and not leaked a one sided piece to the NYT


Babe, he lost. It's crazy y'all can't see this. He filed a BS complaint and it got dismissed before discovery was complete. Do you realize how rarely cases get dismissed at the MTD stage? This is a HUGE loss for Baldoni and Wayfarer. You can look at all the tik toks slamming Blake you want (which would exist even if this case doesn't, because to paraphrase Baldoni's own PR team, people just really want to hate a woman) but it doesn't change this simple fact:

HE LOST


People *hate* Blake now. Justin won the PR war, regardless of what comes out of this legal mess.



This is the bottom line.





She'll live. She and Ryan are not Amber Heard
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Many people supporting Baldoni did not even understand that Freedman chose not to move to dismiss any of her claims, so are completely shocked at this result which leaves all of her claims intact and nearly none of his. And the ones of his that remain will involve little in the way of monetary damages, because the film made so much money.


What was even the strategy for that? Most cases I follow will usually try to dismiss claims even if it doesn't work


Blake just dropped a significant part of her case last week, no MTD required.


No, the significant parts of her case are sexual harassment and retaliation and she did not drop either.
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