Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This seems like a huge loss for Blake.[/quote]

I'll acknowledge that but her SH case was weak and it might weirdly benefit her at trial if she only has to prove the retaliation part. It totally kicks out the need to make the jury understand they can find retaliation without finding SH. I am very curious to read the opinion. [/quote]

From a pr standpoint, losing sexual harassment claims is a horrible result for her.[/quote]

Losing them on a legal technicality = a huge win for Baldoni though.

Even NAG said the SH claims were a high bar and Lively was better off focusing on relation. [/quote]

I don’t see how she can win on retaliation without legally viable sh claims.  Their defense will be her attacks on them first.

And let’s not start revisionist history, there are hundreds of pages just on dcum of Blake bots arguing that the sexual harassment claims were strong.[/quote]

Because you don’t understand the standard of proof for retaliation .

Also here are direct quotes from the opinion about the judges views on her sexual harassment claims.

“a jury could conclude that Lively opposed practices that she subjectively believed constituted sexual harassment”

“there is sufficient evidence that it was reasonable for her to believe that the Wayfarer Parties sexually harassed her by creating a hostile work environment.”

“a person in her position could have understood the workplace to at times reflect a gendered and sexualized view of women”

“it was far from baseless.”[/quote]

It’s you that is confused.  She can argue that and they can argue her belief was unreasonable and even that she didn’t believe it to be sexual harassment and instead just made up allegations to hurt them.  And the jury will be aware there are no sexual harassment claims for them to decide.   I’m not sure she wants this trial given the further harm to her reputation and much more limited damages claim.[/quote]

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