Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]A good way to ensure your wife's home birth video doesn't wind up in discovery in a federal court case is to not bring it into work on you phone and attempt to show it to a colleague to win an argument about whether or not women should be completely naked during child birth.[/quote]

She got the part she was shown.  You sound misogynistic.[/quote]

We don't know that. Heath's memory could be faulty, just like Lively's could. I'm not a misogyinist but I used to be a litigator, and when there's a factual dispute like this where the jury will have to decide who they believe, both sides need access to discovery that will allow them to make their case.

Had Heath been able to show definitively during discovery that the more objectionable parts of the video were never on his phone or could not possibly have been shown, then I don't think the full video would be discoverable. Like if he could have shown that the full video was only available on a laptop and that the only clips on his phone were the ones he claims he showed Lively. But he couldn't. The video was on his phone, including scenes that show what Lively describes having been shown. He claims he didn't show her that part but maybe he's mistaken. Or maybe she's mistaken. But the judge can decide that, only the jury can.[/quote]

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