
The technicality being he literally didn't have a case |
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. |
Lmao. Yes. |
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.) |
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? |
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. |
Sexual harassment |
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). |
Also 💯 |
This is the bottom line. |
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. |
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. |
She'll live. She and Ryan are not Amber Heard |
No, the significant parts of her case are sexual harassment and retaliation and she did not drop either. |