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Not exactly. Look, I’m not naive about the issue of fees, but I can say I don’t think they’d put forth a motion that was totally frivolous. There is an argument here that there was a hostile environment and retaliation. |
So as a lawyer, I disagree. I can see a firm taking Blake Lively and Ryan Reynolds at their word, especially if shown a handful of texts that supported what they were saying. I doubt they asked her to produce every text because they thought she was being honest. That’s the underlying problem with the whole case, the power that Lively and more important oh Reynolds has gives them a presumption of credibility that appears to be very undeserved. |
We are not disagreeing here. My point is that’s what they’re supposed to do, and I think that was the original posters point- for which she was slammed and called not a very good lawyer. I suspect that op is not a litigator fwiw. Admittedly I’m not either but my job has been to oversee litigation, including HR claims and defamation claims… |
Well, we’ll have to agree to disagree. Those were two pretty big errors that had a substantial impact on public opinion and subsequent elections, which was why I mentioned them. But the Times has hired a number of journalists from places like Politico who only know how to practice access journalism, Maggie Haberman being the most prominent example. They also published a lot of baseless political coverage this past cycle. Their sloppiness appears to have caught up to them, and I am looking forward to watching this lawsuit play out. |
they were slammed because of the stupid assertion that the fact that Lively’s complaint states a claim and she has a big-name law firm suggests anything at all about the underlying merits … |
I am the person who criticized her and I am a litigator. Perhaps we shouldn’t be so quick to pull out the lawyer card if we are opining about something that is outside our area of practice. Clearly she claimed to be a lawyer to give more clout to her post. |
Ditto, the defamation claim is very interesting to me. I suspect Blake and Jason will soon settle, but I’m not sure what the times will do. They tend to fight most defamation claims, so it will be interesting to see what they do here. Whatever happens, it’s a bad look for them, especially if the European journalist sues too, which personally I hope she will. |
My point was that he/she likely wasn’t a litigator. You didn’t need to insult him/her. That was lame and weird |
PP here and at least I'm a good enough lawyer to know the difference between right and write. But in any case, you misunderstood my post. I'm not basing my assessment on how "strong sounding" the complaint is. I'm basing it on the fact that the complaint appears to be well grounded, not in their client's memory or opinion of events, but in a series of documented, easy to prove facts. And not merely documented via text messages or other communications, but via production records and contracts. For instance, much of the complaint hinges on how the production and Baldoni handled several scenes that were scripted in the shooting script to not be intimate or nude scenes. And the allegations include the failure of the production to engage the intimacy coordinator on these scenes, and to get a nudity rider in place for those scenes. None of that has anything to do with Lively's memory or perception of events. Either the script specified Lively would be nude in the birth scene or it didn't. Either there was a signed nudity rider in place or not. Either the intimacy coordinator was consulted for that scene and was present for the shoot or not. And having familiarity with the firms who filed that complaint, I am confident they have done due diligence to ascertain whether those claims are true before asserting them. The complaint relies far more heavily on these sorts of easily proven procedural facts than on what Lively remembers or how she felt in the moment. Sure, it also has that stuff -- that's de rigour in a harassment/hostile work environment claim. But the case doesn't hinge on it. They've done a good job of showing the ways in which the production failed to follow typical industry standards with regards to on-screen intimacy and treatment of actors engaged in intimate and nude scenes. And that makes it a much stronger case than most harassment claims which do easily devolve into he said/she said debates. |
none of those things you list are harassment though. Even in the light most favorable to Lively. |
Settle down. We know you’re a very smart and great litigator and know more than others. We got it. /s |
What a strange thing to post. Are you new here? |
You are conflating posts by two different people. I am the person who said I am a litigator but the post you are quoting was written by someone else. |
You go girl!! |
Not sure why you are saying this, a lot of what she described is belied by the texts he released. It’s correct to say it isn’t a he said/ she said but only because he has documentary proof that makes that inquiry moot. |