
+1 I said earlier that I don't think he will win but I am very disappointed by the NYT. There's a delta between what's respectable reporting and what's actually illegal. |
I thought I read somewhere that they had no intention of winning, but they get more discovery that way or something? Not sure if I have that right, but it seemed like they had access to more documents by suing. |
Uhm, you're on DCUM. Possible that you don't know what astroturfing is... |
her subjective feeling of discomfort (if it’s true) was unreasonable and not the basis for a harassment claim. |
They very well may have filed the suit for discovery purposes. I have no opinion on whether the suit is strategically valuable. However, this thread is now full of people explaining why he's going to win. From a lawyer's perspective, it's actually insane... but also fascinating insight into how public opinion forms/shifts. |
No one said he would win his law suit, several have said that the case would settle, which would means he gets money. There is simple no reason for the NY Times to take on the reputational risk of litigation, they are going to look bad even if they win. Blake may not settle even though she should make this go away as soon as possible. But she has a personal interest in it, and the New York Times does not. A simple cost benefit analysis favors settlement for them, especially if they could settle for les than their litigation costs, or if the settlement is covered by insurance. |
I have no idea what you’re taking about. |
And also, I haven’t said I think he’ll win. I have no idea either way because I don’t know what the law on this is. I just think the story the NYT presented is unfair, as others have also expressed. It doesn’t seem like many people here have said they think he will definitely win. |
I actually think it's inconceivable that the NYT settles this. |
That we disagree. Inconceivable is a strong word given how bad their reporting was. |
Actually, lots of posts in this thread explain how he will or could win. Go back 3 pages. "No one" is definitely inaccurate. |
Thanks, this is a helpful take. |
There are some acts that are so outrageous that they are considered per se sexual harassment and that only needs to happen once. Say, an actual sexual assault on an employee. For hostile work environment, you need a pattern of unwelcome behavior. In some workplaces people make crude sex jokes and no one cares. If someone cares and speaks up letting it be known this conduct is unwelcome, and the behavior continues, now there is potential harassment. But the employer is generally not expected to read your bond and notice you grimacing or getting quiet when these jokes occur. So in Lively's case, to me, it is not at all obvious that she is feeling harassed in this scene, even though she may feel that way internally. We can read her body language for clues, but it is not reasonable to expect Baldoni to have understood for her language and tone in this scene that she was feeling uncomfortable and that he should stop what he's doing. To a reasonable observer, she was offering an interpretation that it would be more romantic to have them talking and the audience guessing at what they were saying. If she was really uncomfortable because there was no intimacy coordinator, she could have stopped and aid "the touching in this scene is going further than what was in the script and I want to consult with the intimacy coordinator." |
I don't think so. Several posters talked about The NY Times fears of losing the Sullivan precedent on appeal. Is that what you mean? That was said in support of the belief that the paper would settle. |
I think you’re wrong there - the NYT doesn’t need to settle bad defamation suits. they have plenty of legal budget and experience to fight them. 1A kind of a big deal to them … |