Blake Lively- Jason Baldoni and NYT - False Light claims

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Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


How are her options different now?
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Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Her position is somewhat stronger but it still ultimately depends on Justin. The issue you are missing is that ongoing litigation tends to immerse people and the longer it goes on, the more it can cause people to entrench. This is a win for her but she still has a lot of risk, and a continuing PR nightmare and exorbitant legal fees. Justin never depended on his image. She did and does. And he has a financial backer.

With all of that, I continue to think it is always better for her to try to settle.


The statement that Justin doesn't depend on his public image is bizarre. Justin's career is fully dependent on his public image. That's why he hired crisis PR in the first place, because he knew that allegations from Blake had the potential to destroy his entire career as a director, author, podcast host, and thought leader on masculinity and feminism issues.

If Justin's public image didn't matter, none of this would be happening because he never would have hired Melissa Nathan and Jed Wallace and those texts between Jen Abel and Nathan and Baldoni wouldn't exist, and Leslie Sloane never would have found out about them from Steph Jones, and there would never have been the VanZan subpoena, and probably never have been the CRD or the NYT article. We are all here because of Justin's public image.
Anonymous
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Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


DP and experienced lawyer. I’ve been in and out of this thread, but I’ve only seen rational discussion about these issues on this thread. As a former litigator (I now do compliance focused work), I know that good lawyers should always help their clients keep an eye on settlement. Litigation is costly and unpredictable. This is obvious.


So what would your settlement advice be for Baldoni? How much should he pay Lively to drop her SH and retaliation claims?


I think that depends on whether Blake is able to show anything showing sexual harassment or retaliation. So far, the evidence looks terrible for her, but perhaps there is missing intonation, idk.

As other smart posters on here have suggested, I believe a confidential settlement (maybe of a nominal amount or nothing or a donation) and a public statement together is the wisest course of action.
Anonymous
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Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP, taking notes on your considered thoughts on how reasonable Baldoni fans have been in this thread in talking about settlement a whole hour after you/someone just called me “brain damaged,” hang on.


Right. You’re a ‘victim’.


I’m no fragile flower and I hold my own here, but I do find it laughable when Baldoni supporters keep insisting how measured and reasonable they’ve been over the last several hundred pages when I’ve been right here. Lie all you want but don’t be shocked by the call outs.

(Remember the days before Lively supporters started insulting back? And the thread was a one way conduit of insults by Baldoni supporters? I think you miss those days.).
Anonymous
The end result of this has been telegraphed for months: Blake and Ryan will settle once they wise up and realize all the grifters around them and attorneys are just bleeding them for millions of dollars. Only in the minds of her deluded shut-in "fans" are any of these legal "wins" actually helping her. The public at large knows she and her evil husband cooked this hoax up to ruin a man's life and nothing will change that.
Anonymous
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Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Her position is somewhat stronger but it still ultimately depends on Justin. The issue you are missing is that ongoing litigation tends to immerse people and the longer it goes on, the more it can cause people to entrench. This is a win for her but she still has a lot of risk, and a continuing PR nightmare and exorbitant legal fees. Justin never depended on his image. She did and does. And he has a financial backer.

With all of that, I continue to think it is always better for her to try to settle.


This is obvious to most lawyers


I know I've never argued that she shouldn't settle at all under any circumstances, and I don't recall anyone arguing that; if anything, the categorical statements have been from the Baldoni side. I have argued that she should have held off on settling until the MTDs were decided and she had some discovery on financial damages. Are these not things that would be obvious to reasonable lawyers? How can the dismissal of most claims, with prejudice, not support those arguments?
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Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Her position is somewhat stronger but it still ultimately depends on Justin. The issue you are missing is that ongoing litigation tends to immerse people and the longer it goes on, the more it can cause people to entrench. This is a win for her but she still has a lot of risk, and a continuing PR nightmare and exorbitant legal fees. Justin never depended on his image. She did and does. And he has a financial backer.

With all of that, I continue to think it is always better for her to try to settle.


The statement that Justin doesn't depend on his public image is bizarre. Justin's career is fully dependent on his public image. That's why he hired crisis PR in the first place, because he knew that allegations from Blake had the potential to destroy his entire career as a director, author, podcast host, and thought leader on masculinity and feminism issues.

If Justin's public image didn't matter, none of this would be happening because he never would have hired Melissa Nathan and Jed Wallace and those texts between Jen Abel and Nathan and Baldoni wouldn't exist, and Leslie Sloane never would have found out about them from Steph Jones, and there would never have been the VanZan subpoena, and probably never have been the CRD or the NYT article. We are all here because of Justin's public image.


Honestly his public image has only been bolstered by all of this. Ironic. People know him and LOVE him now.
Anonymous
Anonymous wrote:The end result of this has been telegraphed for months: Blake and Ryan will settle once they wise up and realize all the grifters around them and attorneys are just bleeding them for millions of dollars. Only in the minds of her deluded shut-in "fans" are any of these legal "wins" actually helping her. The public at large knows she and her evil husband cooked this hoax up to ruin a man's life and nothing will change that.


A settlement doesn't mean any money is exchanged, it's to simply turn off being bled by legal fees, PR, experts, tabloids, and all the other money-grabbers a crisis like this brings into your orbit.
Anonymous
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Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Excellent comment.


I also agree. Turns out all those urging from Baldoni supporters to Lively months ago to settle were terrible advice after all, as many of us said.
Anonymous
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Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Her position is somewhat stronger but it still ultimately depends on Justin. The issue you are missing is that ongoing litigation tends to immerse people and the longer it goes on, the more it can cause people to entrench. This is a win for her but she still has a lot of risk, and a continuing PR nightmare and exorbitant legal fees. Justin never depended on his image. She did and does. And he has a financial backer.

With all of that, I continue to think it is always better for her to try to settle.


This is obvious to most lawyers


I know I've never argued that she shouldn't settle at all under any circumstances, and I don't recall anyone arguing that; if anything, the categorical statements have been from the Baldoni side. I have argued that she should have held off on settling until the MTDs were decided and she had some discovery on financial damages. Are these not things that would be obvious to reasonable lawyers? How can the dismissal of most claims, with prejudice, not support those arguments?


I’m not sure you understand. Before the MTD, there was a risk that they could go a different way. And even now, Baldoni has the option to refile (4 out of 7 claims, I believe). And appeal two claims. It’s all about risk and trying to manage it, and considering the best possible outcome. Even if she manages to outrun all of his direct claims, she still risks her claims at trial, the millions she will spend and the damage to her rep. It’s huge.

Yes, of course if we have clear answers, we can state this or that. Hindsight is 20/20.
Anonymous
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Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Her position is somewhat stronger but it still ultimately depends on Justin. The issue you are missing is that ongoing litigation tends to immerse people and the longer it goes on, the more it can cause people to entrench. This is a win for her but she still has a lot of risk, and a continuing PR nightmare and exorbitant legal fees. Justin never depended on his image. She did and does. And he has a financial backer.

With all of that, I continue to think it is always better for her to try to settle.


“Justin never depended on his image”?!?!

What fresh hellscape of denial is this?

Baldoni’s image has been completely wrapped up in his male feminist “Man Enough” persona for years. That’s gone. How does he even return to acting or directing at this point? Who backs him besides Sarowitz? He has been in Hawaii for months, hiding.


Right, but the scale is just so different. He had a podcast but wasn’t trying to launch product lines and lifestyle brands (Blake’s brand closed after a year in 2015 and she tried to capitalize on the Barbie mania and launch another lifestyle brand in 2022 called Dreamhouse and she was shot down. ) she has a beverage line and hair line - that takes brand and doesn’t compare to what Justin was trying to do in get a few thousand people to subscribe to a podcast.

She seemed to be trying to revive her acting career and that requires the public being willing to pay money to see her on screen. The scale for Justin is just very different.
Anonymous
Anonymous wrote:
Anonymous wrote:The end result of this has been telegraphed for months: Blake and Ryan will settle once they wise up and realize all the grifters around them and attorneys are just bleeding them for millions of dollars. Only in the minds of her deluded shut-in "fans" are any of these legal "wins" actually helping her. The public at large knows she and her evil husband cooked this hoax up to ruin a man's life and nothing will change that.


A settlement doesn't mean any money is exchanged, it's to simply turn off being bled by legal fees, PR, experts, tabloids, and all the other money-grabbers a crisis like this brings into your orbit.


DP Yes, I’m not sure why the Blake stans keep denying this.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
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Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


Excellent comment.


I also agree. Turns out all those urging from Baldoni supporters to Lively months ago to settle were terrible advice after all, as many of us said.


Because a lot of them just want the dopamine hit of being able to scream that settling is an admission that she lied, not to protect her vast fortune...
Anonymous
Judge Liman today denied Brett Douglas McDowell his motion to intervene as his interest in Dogpool or Nicepool is not sufficiently related to this suit. Dogpool was never mentioned, and Nicepool’s relevance has been quashed. Can bring a separate suit if he wishes. Judge ignored McDowell’s request to hold a ruling until after amended complaint afaict, though there would be nothing in the amended complaint that would touch upon his claims tbh.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Who knew a judge’s ruling was the end all be all on this sub forum. Page after page of whining over how Johnny Depo dodged accountability and “won” in court only because he was the more famous A-lister with all the connections. The whiners continue to call Johnny an abusive sociopath. Same dynamic here: Blake and notably her husband are A-listers with exponentially more wealthy and Hollywood connections. Blake gets a court “win” and we’re supposed to forget she and her husband manufactured this hoax from thin air?


This forum has more lawyers per capita and many of us are interested in the legal case, not a particular side. This is a big deal for us, we're nerds.


You've repeated this line for months ("forum with the most lawyers and journalists per capita") and I believed it since I'm fairly new here, yet I'm a journalist, and in the past, when I asked for other reporters' input on some elements of this case, there were crickets, lol. With the exception of one poster who magically was a "fact checker" in the past.


DP but PP above didn’t say “the most lawyers and journalists” above, she just said lawyers.


Whatever, she's always said some variation of that line, and just like she's wrong about the amount of journalists, she's also probably wrong about the amount of lawyers on here, too.


DP but I’ve been on this thread for months and people in the thread have been commenting since the beginning that there are an outsized number of lawyers (or people who claim they are lawyers) in the thread compared to a regular thread, and that seems correct to me. Not sure re journalists. YMMV.


Stop spamming your bullshit disinformation. None of the spamming losers are successful attorneys.


And yet they correctly predicted dismissal.


Yes, it was always an uphill battle. That doesn’t absolve these hoax scam artists. Just as OJ wasn’t innocent.


Huh, I don't remember it being called an uphill battle when the JB side was insisting BL should immediately settle these cases for tens of millions.


Right? Where has this person been for the last four months of discussion Baldoni’s supposedly strong and persuasive claims worth $400M? It was not discussed by Baldoni supporters as an “uphill battle.” They have been urging Luvely to settle for tens of millions of dollars and a statement of contrition for months.


Dp. I’m one who has often recommended settlement and it is so astounding to me that despite the fact I correct you EVERY SINGLE TIME this issue arises, you still revert back to the same fake twisted statement- that Baldoni supporters are insisting she settle ‘ASAP!’ for ‘400M!!’ even though ‘they haven’t even proved damages!!!’ and ‘they insist she gives a statement of contrition!!!. That has NEVER been said. Yet you repeat it again and again. Why? Are you brain damaged? Or is it just some strategy?

What I have said, and seen, on this topic is reasonable and intelligent people commenting that this litigation has been a PR nightmare for her, is likely costing millions and her claims seem extremely weak. Any decent professional would see this, and advise their client to find an exit ramp such as a confidential settlement (no one would need to know how much or how little was exchanged), some sort of word salad statement where neither side took blame and said they’ve decided to settle their differences privately and blah blah.

This happens ALL THE TIME in litigations

So can you finally get this through your head and keep it there??


I'm not the person you're directly replying to, but while there have been SOME comments like that, there have definitely been a lot of comments that just said "Blake should settle already" often after a link to some tabloid article or some story about someone unfollowing her, hardly the nuanced analysis you're describing, or saying the hoaxers Blake and Ryan needs to pay millions and millions (which read to me like the person who also accuses Ryan of being zesty, but I honestly can't remember if those were contained in the same comments). And sometimes I, and others, have said it would be wise to get the financial information from Wayfarer before entering settlement talks, not because "they have to prove damages before settling" but because that's just a reasonable thing to do so they can reach a fair settlement, but that's moot now, as there are currently no claims at all pending against Lively from Wayfarer.


Nah, the vast majority of comments on settlement have been reasonable thoughts on the benefits of settling. You just choose to ignore them so you can be angry and indignant


DP but I do think the folks who have been insisting that Blake was dumb not to settle have just been proven wrong.

It's common in high profile litigation for the public perception of the case to differ from the legal standing of the parties. The public is generally just weighing in on who they like more, or who they are more sympathetic towards, with no real understanding of underlying legal concepts or what evidence is likely to be relevant or how the law gets applied in cases like this.

In this case, I think Lively's team has known for months that they had extremely good odds of getting at least some of Baldoni's key claims dismissed at the MTD phase. Months ago, I predicted in this thread that the extortion claim was for sure a goner (they didn't even bother to plead the elements of extortion or offer any evidence), and most like the defamation claims against NYT and Sloane. I thought at the time that the defamation claim against Reynolds was most likely to survive MTDs and that maybe one or more of the contract claims would survive. I think that assessment, after reading all the documents, was pretty spot on in terms of a good guess as to what might happen here. Obviously Lively got more than that, and I'm sure they are thrilled, but even if only the claims I suggested would be dismissed had been dismissed, Baldoni's claims would be greatly diminished from a financial perspective. Without the defamation claims against Lively and NYT, and with no extortion claim, the alleged damages would have been revised down by a lot (especially given that $400m was always a huge reach even if all claims had survived and been well pled).

Given this, from a settlement perspective, it was always going to make sense for Lively to, at a minimum, wait until the MTDs were decided before even entertaining settlement discussions, because the fewer claims Baldoni can hold over her head, the worse his bargaining position is in terms of coming up with a financial settlement. Lively just went from being in a position to potentially need to give him tens of millions to make this whole thing go away, to the reverse. Now if the parties want to settle, Baldoni has to pay Lively. I don't think that will happen but it's unquestionably a better situation for her, and as the case continues to unfold, the potential remains for the pressure on Baldoni to increase, whereas the worst thing that can happen to Lively is she loses her case and is out the expense of litigation.

Of course there is a PR element, but the MTD decision obviously also benefits Lively on that front. Before the great dismissal, Lively was in a terrible position with regards to PR and the pressure for her to just make it all go away was strong. But, again, knowing they had a very good chance of a successful result on the MTDs, it would have been idiotic for her to negotiate a settlement from that PR position, knowing there was a good likelihood that the judge's decision on the MTDs would boost her PR position and put her on more equal footing with JB. Which I think it has. She's also in more of a power position moving forward as the sole plaintiff, and will not have to play defense as much in the press.

So if you were saying a few weeks ago that Lively would be stupid not to settle, whether for legal reasons or PR reasons, you were incorrect. Her team knew a positive outcome here was likely (not this positive, but still positive) which would have made it dumb to settle when she was in the weakest possible position. Now her position is stronger and she has more options, because she waited.


How are her options different now?


Any settlement negotiation now flows financially in her direction -- she has no potential legal liability towards Baldoni now so any settlement will involve him paying her, not the other way around. This gives her the upper hand in settlement negotiations.

Since she's no longer defending claims against her, her legal team no longer has to balance her priorities as a defendant against her priorities as a plaintiff. They can make decisions about discovery, how to approach her deposition, even what witnesses to call without having to worry about it potentially impacting her defense against his claims.

With Sloane and Reynolds now out of the litigation altogether, it simplifies her approach to PR. She can focus PR on just portraying herself in a sympathetic life, and it's not longer so much about her and Ryan as an embattled couple. That streamlining seems like no big deal but look how well it's worked for Baldoni, out in Hawaii with his family. It's easier for Lively to look sympathetic if she's standing alone (or potentially with other women, depending on how things shake out with the rest of the cast and testifying) than if she's always linked to Ryan as co-defendants.

Whatever they've budgeted for this litigation, it now all gets pushed toward her case. This has a bunch of benefits, both financial and practical. Every motion and response her team has to produce costs money and a lot of man hours from her legal team -- with Justin's claims gone, this either cuts their workload down or allows them to invest more time and money in Lively's claims. This is especially critical as discovery proceeds and they will need to go through everything that has been produced plus start to prep all their witnesses for depositions.

There are probably others, but it really cannot be understated how beneficial this decision is, coming at this time. It's not some pyrrhic victory -- this meaningfully changes the landscape for Lively for the better in pretty much every way.
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