Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]New letter from Wayfarer attorney's regarding NYT's motion to stay discovery pending the MTD: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.117.0.pdf

Couple of interesting-ish things
-Even if NYT's case is dismissed, they still intend to serve them subpoenas for discovery in the Wayfarer/Lively case. 
-Their argument on the merits is similar to some PPs in this thread: that NYT did not just report on the complaint, but made its own conclusions, without full context, and they cite one case where where a "reasonable jury could find that news article suggested more serious conduct than actually suggested in official proceeding." 
-They noted "the Wayfarer Parties do not presently intend to move to dismiss Ms. Lively’s claims."

Only the third bullet surprised me... why wouldn't they be doing so?[/quote]

[b]Contrary to what some here post, it’s really hard to win a motion to dismiss because all allegations in the Complaint are taken as true for purposes of deciding the motion.[/b]  It makes sense for the NYTimes and publicist because they can narrow the claims or get out altogether.  Baldoni is in it for the long run because of his own complaints

Better to spend their dollars on opposing the motions to dismiss their claims and discovery.[/quote].

Thank you for the common sense. The people here claiming the NYT MTD will be granted are dreaming. Of course there might be some carving down of issues, but that is typical [/quote]

Reposting a similar thread from early March, where Baldoni supporters lectured others on how impossible it would be for Lively to win significant gains from the motions to dismiss so Freedman was correct not to file any, and that the NYT's MTD would never be granted.  In case some people are having trouble remembering what they said.[/quote]

There is life and there is law.  Sometimes the same but often not.  Baldoni never had real legal claims.  Lively may have done all of the things listed but there is nothing not legal.  It is ok to be a jerk.  It is ok to be tough and beat people up to your terms.  Lively did nothing wrong from a legal perspective.  NYT did nothing wrong and there was zero percent chance they would ever have been left in.  Now Baldoni did a lot wrong from a legal perspective.  Good chance he will lose this case.  But it may never come to that.  Lively may just dismiss at some point and end the case.[/quote]

I agree with all of this.  I think she will drop out only if they are not finding good evidence of a smear via discovery, besides what they already have (which honestly might be enough but would not make much of a splash in the press, which would be a reason to keep going).  [/quote]

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