Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous][quote=Anonymous]As far as SH, Liman did not credit the circumcision comment, the drafting of sex scenes, the inquiry about her weight, and the dance scene as amounting to SH.

He did leave open the possibility that the "sexy" comments, looking at her while undressed, the birth scene, and announcing Lively had never seen pornography could form a reasonable basis for SH. He sidestepped the Heath birth video and didn't mention the conversation where Baldoni said he didn't always ask for consent.

That's pretty fair and along the lines of stuff I've argued in this thread as a neutral/accused of being Blake bot. [/quote]

It's highly unusual for the judge to take the decision of whether something is sexual harassment or not away from the fact finder, so striking that he did so repeatedly here.  With respect to your middle paragraph, all he is saying is those allegations would have been sufficient to make it to a jury assuming that they occurred as described by Blake:

[i]Viewed in the light most favorable to Lively[/i][b], there is also sufficient evidence that it was reasonable for her to believe that the Wayfarer Parties sexually harassed her by creating a hostile work environment. In analyzing this issue, t[b]he Court need not, and does not, determine whether the relevant conduct rose to the level of sexual harassment[/b][i]. See Yanowitz, 116 P.3d at 1131–32.

The birthing scene, how common the use of the word "sexy" was on set, and the interaction between her and Jamie Heath are all allegations where there are sufficient differences between the parties as to what occurred -- how undressed was Blake in the birthing scene, was the word sexy used by men and women (including Blake and Jenny) on set, and pretty much everything about the trailer interaction are all things we have argued about a lot.  But the judge is only looking at Blake's version when evaluating whether it is a "reasonable belief" sufficient to make it to a jury.[/quote]

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