Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Well, I am a lawyer as well and think her case has got many multiple times weaker.  This is not a class action.    This is a case of sexual harassment against Blake only.  
There really, however, isn’t any sexual harassment of any one here just people with different working styles and inevitable conflict.  That isn’t actionable as sexual harassment.

Clearly the Blake pr bots have ratcheted up over the past week.  Those of us who have been here a long time have seen the same two, maybe three posters, posting on her behalf for almost a year now.  Your writing style is recognizable as I’m sure mine is.  Please don’t embarrass yourself by pretending to not have been an ardent Blake supporter from the get go.

[/quote]

If you are a litigation attorney then you know we haven’t seen most of the evidence, much less the best evidence. I may not be an attorney but I have participated in over 60 trials on the federal level, and I have a fairly decent grasp on discovery. In other words, I know enough to realize I probably don’t have even half in evidence available on either side. Which is why I say I was neutral but leaning more towards Lively given the recent disclosures. I fully recognize, however, that there may be unreleased evidence that would back Baldoni’s defenses.

But I am curious why you don’t think anything we know so far doesn’t meet the minimum threshold for a claim of SH under federal law. Or, more importantly, a claim of retaliation. Would you be willing to walk us through the elements and outlining why her claims (not evidence, because as I said above, we really don’t have most of the evidence) don’t meet the threshold?

Also you keep posting about people’s writing style but I assure you I only posted on this thread once (maybe twice?) before. You can ask Jeff to check. Others have suggested that. [/quote]

To the contrary, at the summary judgment stage, you see the best evidence on either side.  Baldoni will have some more coming in his reply but that’s it.  It’s win or go home for Blake so no holding back.

Having a work environment with some degree of mismanagement or discomfort just isn’t actionable.  If so, ninety percent of the workplaces in America would be challenged. [/quote]

Are you the poster claiming to be a (litigation?) attorney?

Also you realize many of the exhibits, many of the affidavits and a portions filings themselves are sealed, right?[/quote]

I do.  I also realize that much of the deposition testimony would NOT be admissible for trial. 
A lot of it is inadmissible hearsay. A lot of it is  propensity  evidence that is generally not admissible.  Unlikely testimony about yelling coming in since that isn’t what Blake complains about, certain it will be subject to pretrial briefing if it gets that far.[/quote]

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