Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I hate to disappoint the Blake fans but the literal definition of a smear mmm campaign is the use of false allegations to discredit a public figure.  Lively and her lawyers chose the terminology  themselves.  [/quote]

That's not how legal claims work. "Smear" is not a legal term if art. If this goes to a jury, the jury will not be instructed on the literal definition of the word smear, and told to find out if there was a smear. They would be instructed on the elements of retaliation and ask to decide if Wayfarer's actions meet those elements.

I would not be surprised if parties were actually disallowed from using the term "smear" in court because it has prejudicial risk for both parties and could confuse the jury. Parties use language in filings all the time that don't make it to court -- filings are meant to be persuasive docs. But juries are presumed to be less savvy than judges, and trials are meant to strip away that sort of persuasion so that the jury rules on the facts alone.[/quote]

There was no falsehood told about me, but by letting people see the true me they destroyed my reputation.  Good luck with that.

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