Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Case against Wallace has been dismissed according to Reddit. He was the linchpin for the “untraceable smear campaign”. She’s going to have an even harder time proving any retaliation.[/quote]

She can file in Texas which she didn’t want to do or try again to file in New York and provide more arguments for why NY has jurisdiction.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.426.0.pdf[/quote]

Right - just to be clear, the claims are not being dismissed because they fail to state a claim (as Baldoni's complaint was), but because Liman says the NY court lacks personal jurisdiction over these claims against Texas resident Wallace, and because Lively did not convincingly tie any of Wallaces actions to NY itself so as to give the state jurisdiction over Wallace.  It was necessary to allow some discovery to determine whether jurisdiction existed, and now that discovery has been completed, so Lively has until July 30th to refile the complaint in SDNY if she wishes (rather than in TX), limited purely to those claims that already existed in her prior complaint.

My own personal theory is that Wallace says he was in NY for a week from December 9 to December 16, 2024, but that he didn't do any work on that trip, and that his work on Baldoni concluded in November 2024.  I'd be surprised if it really stopped in November, and if Wallace is in charge of Street Relations I would fully expect he conducted some work during his vacation in early December, less than a month after he says his work on Baldoni stopped.  Just my theory![/quote]

I would very surprised if Blake can prove this because it would mean, potentially, that Wallace lied in his affidavit. I think the affidavit was very carefully worded but is unlikely to contain any actual lies.

I also think this is unlikely because Wallace's business is structured specifically to avoid just this sort of lawsuit. He would have anticipated the possibility of this and has taken steps to protect himself. This is why his business is located in Texas (to take advantage of anti-SLAPP laws there, which shift the burden onto plaintiffs to prove the merits of lawsuits for defamation and other actions that implicate free speech) and it is likely why his business appears to be structured so as to have no actual employees beyond Wallace (likely using a set up where he uses "teams" but they are independent contractors who are technically employed by his clients, not by Street Relations, to avoid liability). Given this, I think it's highly unlikely he did any work in NY in December that could be proven. It's possible he did work but used computers, programs, and methods of communication that cannot be produced via discovery. He would be especially wary of doing anything that could expose him to lawsuits in NY or CA and given the lengths he's gone to in order to protect himself on those fronts, I think it's highly unlikely Blake will be able to turn up evidence of emails, texts, or meetings conducted in NY in December pertaining to his work for Wayfarer related to Blake.

But I could be wrong. We'll see. Wallace is the savviest defendant and the one who is doing the best job of defending himself using the law as opposed to PR strategy to try and force settlement or sway public opinion. Where Wayfarer/Abel/Nathan made obvious errors (the most egregious being the conversations they had about all this via text on a phone owned by Jonesworks), Wallace did not, and he's also hired counsel who are skilled in the same way that Blake's lawyers are skilled (motions practice, discovery, etc.) rather than relying on Freedman who is better at manipulating press and the public to exert pressure on the other side toward settlement.[/quote]

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