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Didn’t read it all because it’s too long, but on your leverage point, it’s illegal to use SH as leverage. That’s the crux of the problem. A lot of your other points (that I admittedly only skimmed) are irrelevant in that regard. This issue of using SH as leverage is why the MTD will fail. Baldoni will be able show malice. |
Right, but she never signed it and delayed for weeks. If she had changes to the writer, why not update it to reflect what she was willing to do? It makes no sense. |
DP I'm sort of lost on them having a rider when she didn't even have a contract. They should have insisted on having both signed and halted production until it was all signed. Would have saved more money in the end. |
It doesn't make sense because Wayfarer has decided to only provide the handful of emails that they think back up their story that Lively unreasonably delayed the rider. And these emails aren't even that supportive -- they don't even send the rider until the first day of filming and the attorney is apologizing for the "rush job" and requesting that it be signed and returned overnight even though SAG guidelines require more time and specify that riders should not be signed under duress. Why did it take them so long to get Lively a rider? Why was it a "rush job"? Why did Lively's team have to request confirmation from the IC that they had reviewed it and signed off (this should have been provided when submitted)? And then we have no other emails to show negotiations over the rider, including no emails showing they were "begging" her for it. But we do know that within the first few days of filming, Lively was already concerned about Baldoni's behavior on set during kissing scenes (not designated as "intimate" scenes in the script and thus not covered by the nudity rider), so we don't know to what degree Lively's experience on set with Baldoni may have slowed her willingness to sign off on the nudity rider, having discovered that Baldoni's behavior regarding even mild on-screen intimacy left a lot to be desired. Discovery should shed some light on this. One thing we do have is Lively telling a fellow actress, during the hiatus, that she dreaded returning to set and having to work with Baldoni again, and that she was still schedule to film all of her intimate scenes with him, as they'd been delayed due to pushing back those Vegas scenes and then the strike. Why would an actress who was in the middle of executing a long-planned heist of a movie be so stressed about returning to set that she (1) tells another actress she doesn't want to do it, and (2) insists on a bunch of protections being put into place before she agrees, none of which give her greater control over the movie but all of which ensure that consent will be observed and that Baldoni will not have opportunities to pressure her or force additional nudity or intimacy onto her? |
The contract stuff is a weird red herring. Baldoni's own complaint says that Lively was contracted to do the move and performed under her contract. They don't even allege this theory that people have picked up, that Lively delayed signing her contract to gain control -- it's not in his complaint or in the timeline of events. Rather, it's something Freedman has floated in interviews with friendly media, that JB fans and TikTok "sleuths" have picked up and run with. I think it's a non-issue. And I think Wayfarer/Baldoni agree or they would be pleading actual allegations around it. They aren't. In fact, they are arguing almost the opposite. They argue that Lively was contractually obligated to promote the movie and that she threatened to breach that contract, by refusing to promote, in order to extract certain commitments from Wayfarer, including the divided premiere and the endorsement for the p.g.a. mark. They don't argue that Lively used her delay in signing the Certificate of Engagement to extract control over the movie. This is essentially a fan theory that has gotten a lot of traction online but has yet to be advanced by Freedman in court or pleadings. |
It’s been pretty well established that once she decided what she was going to do she was establishing a paper trial. That text was so out of context, it’s just blatantly obvious that’s what she was trying to do. It was just me too language in a text “their gaze, their tongue…” Give me a break. They will never live this down. lively violated every SAG rule in the book by doing a movie without signing her contract. She put the whole movie at risk. It’s part of why there’s a huge petition to get her PGA revoked from the film, because she acted without the best interest of the movie in so many examples. She’s lost the public. She can’t engage with fans through social media, her brands are stagnant because she can’t do any marketing, her other movie projects have stalled. Even the NYC pap walks that Ryan and Blake loved to do have been stopped. |
It’s my understanding that she signed the certificate of engagement, but not the actual contract. That is what allowed her to keep threatening to walk away from the movie. I don’t get why that is a fan theory, if in fact, she was legally obligated to perform the film without paying back her salary or something, then why would they be in this mess? |
It’s definitely in the timeline in multiple places with email evidence backing it up. |
+1 all of the examples of her telling another actress she was dreading returning etc were AFTER JB denied her the dailies. |
The Certificate of Engagement is the contract. Your understanding is incorrect. Even without a signed C&E, the production would be protected by contact law once Lively started filming, because if you start to perform a contract and the other side acts on that performance, you are generally bound regardless of signing. But go look at the complaint and timeline if you want. They complain about Lively not signing the contract but don't allege any claims based on it. They do this with a bunch of their facts -- it's in there to make Lively look bad but isn't related a cause of action. A lot of them will be thrown out as irrelevant by the judge. It was a PR move and it worked because now a bunch of JB stans will sit around arguing the theory that Lively was refusing to sign her contract to gain control of the production, even though Baldoni doesn't even allege this. |
Wayfarer has released lots of evidence that doesn’t paint them in the best light (the voice note is cringe, for example) but they did this precisely to establish credibility. They’re putting it all out there—good, bad, ugly. I think it’s pretty baseless to accuse them of cherry picking emails. In fact BL and RR have accused them of oversharing and sought to strike their exhibit and get their website taken down (unsuccessfully). If BL and RR had receipts to contradict JB’s narrative, they would’ve dropped them by now. |
They mention it in the timeline but (1) there is way less email evidence than you think, because you are remembering the narrative description, not actual email evidence, and (2) even though they mention it, it is not part of their claims against Lively. Again, the opposite -- they rely on the terms of the contract to allege Lively was trying to break it. As I just said, Lively would be bound by the contract once she started filming even if it was not signed, based on a theory of promissory estoppel as well as likely how a contact is defined in the relevant jurisdiction. This is why handshake deals can be enforceable. But they had way more than a handshake deal -- Wayfarer had spent a bunch of money based on Lively's commitment to the production. Had she tried to backout at Amy point once production started, they could have sued her for breach regardless of whether she signed the contract. It's a red herring. |
Yes, if you simply take all the words coming out of Bryan Freedman's mouth at face value, this is the case. I think they info dumped before the judge could tell them to stop to get out a bunch of embarrassing (but not legally actionable) stuff about Ryan and Blake, but included a few less than favorable details so that Freedman could say "were being fully transparent." It's clever PR, and Freedman is very smart at the PR aspect of litigation, but it's intentionally misleading. A lot of you argue constantly that Baldoni's pleadings show things THEY DON'T SHOW. But go ahead and point me to all the emails in Baldoni's pleadings that show Lively was using her unsigned contract to get control of the movie. Happy to admit I'm wrong if I missed it. |
1. I literally just read it yesterday, so I’m not misremembering. 2. You’re missing the forest for the trees. Would they have had a basis to sue her, perhaps, but litigation takes years, lots of money had already been spent, Young Lily’s likeness was cast around BL and those scenes had been shot, and the big whopper is that she was holding SH over their heads as leverage. There was nothing business as usual about her behavior. I feel like you’re trying to strip out all of the context and make a technical argument, but that’s just not real life. This is exactly why this case has to go to a jury. There are many many questions of fact, not just of law. |
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She didn’t like him. That’s clear. Making it into sexual harassment was just the easiest way to get people on her side and control the narrative, IMO.
Haven’t we all had that certain coworker who claim ageism or sexism or whateverism when the truth is they’re actually just terrible at their job? And they get to stay at the job since everyone is afraid they’ll sue? My former boss had at least 5 HR complaints from 5 separate people within her first three months at the job—and she was not let go because when HR got involved she claimed a mental health issue made her treat people poorly. When people feel like they can’t control a situation the normal way, they will often use their protected status to gain more control. And it works. I’ve seen it firsthand—actually many times—and that’s why this whole thing smells fishy. Also: I think the “actress” that PP said Blake complained to via text was probably her friend Liz Plank, or maybe her sister. |