Lively/Baldoni Lawsuit Part 2
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Anonymous
Kind of brilliant legal move because there's no need to have any actual harassment, only retaliation (e.g. defense against) harassment claims, whether or not true |
Anonymous
As the head of Sony said, “Blake orchestrated all this drama and it backfired on her.” How utterly embarrassing. No Taylor wedding for you! |
Anonymous
Perhaps not, IMO. Jurists are reasonable people. The smart move for her is to settle. But we all know that she wont. I'm still seeing JB win on most of the retaliation claims. She may get some damages from breach of K. On to May. |
Anonymous
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I think it settles. As laid out in the opinion, their defense to the retaliation claim is both we did it for other reasons and we weren’t the cause of her reputational damage, it was her own actions. Both will result in lots of testimony that makes her look bad (her case will make them look bad as well) There is a good chance she loses as well. Potential damages have shrunk with so many claims tossed.
With sh out and no individual defendants left, WF and Tag also have incentive to settle. |
Anonymous
This isn’t correct, Blake will have to convince the jury that her complaints of a hostile work environment were reasonable. The judge threw out a bunch of them, she has left the birthing scene, use of the word sexy by Baldoni, Baldoni allegedly telling crew she didn’t watch pornography and Jamie in the trailer. Opinion, page 116 |
Anonymous
Adding, as noted before, in evaluating what conduct she can use for hostile environment, the judge only looked at Blake’s allegations, not WF’s versions, and for purposes of the motion, assumed them to be true in their entirety. Even with that advantage, only these advanced. |
Anonymous
JB is no longer in this case. |
Anonymous
| I can low key imagine both parties thinking it's a good time to settle but not wanting to make the first move. Wayfarer won't want to make Lively an offer after this partial victory, and Lively won't want it to look like her case collapsed in the wake of this decision. |
Anonymous
| You heard it hear first. Taylor and Blake pap walk will happen this year. |
Anonymous
Just….no. Friendship is over. |
Anonymous
Right cause the paps will be super interested in Blake a year from now? |
Anonymous
But this can be considered a feature, not a bug. It means they get to put up evidence related to these SH claims without having to prove they were SH. Only that Blake believed they were. There's a decent amount of contemporaneous evidence to that effect, including texts with Jenny Slate. There will also be testimony from Jenny and Alex Sachs about Blake's complaints to them about Baldoni's and Heath's behavior. Also the testimony of the makeup artists about what happened in the trailer, and their depositions were damaging for Heath. Basically Blake gets to spend a bunch of time at trial outlining all the extremely questionable and inappropriate things that Baldoni and Heath did on set, without having to meet the legal standard of SH. And all they have to prove with it is that Blake believed she'd been SHed, which is a fairly low bar given the amount of documented evidence and the testimony we've seen so far. The bigger challenge for Blake will be linking the alleged retaliatory behavior to her complaints. Especially given the fact that many of the conversations between Wayfarer and the crisis team are lost forever because they used Signal. There's also a temporal problem, because of the gap between what happened on set, when Blake complained, and when the PR campaign started. Much bigger hurdle. But that was always true. The case is built around the retaliation claims, they've always known that was the core of it. But getting to provide evidence and testimony of the most signficiant SH allegations without even needing to prove they were SH is a gift. Will also help protect witnesses like Slate and the MUAs on cross examination because now they are just testifying that these events happened or that Blake complained about them or seemed bothered by them. It actually simplifies a lot of things for Blake's case. |
Anonymous
Nope. She doesn’t get to bring up anything beyond the four instances I laid out above, the rest of her allegations were ruled out by the judge and cannot be part of her case. And Baldoni’s side will present evidence of the sexually explicit text messages she sent to her male co-stars, her “sexy boots” video, her use of sexy in her texts etc to show that she herself created a sexually charged environment. Also testimony about what she was actually wearing in the birthing scene, Heath and perhaps other testifying about the trailer, and so on to challenge her credibility. |
Anonymous
| I mean, the woman who texts her coworker, “ f you knew me (in person) longer you’d have a sense of how flirty and yummy the ball busting will play. It’s my love language. Spicy and playfully bold, never with teeth” is going to have an uphill battle convincing a jury that the use of the word “sexy” or “ she doesn’t watch porn” creates a hostile work environment. |
Anonymous
Luckily, she does not have to prove that. Just that she subjectively believed it and reported it, which the defendants admit she did in several text messages. |