Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous]Some relevant excerpts from the retaliation portion of the opinion:

The Wayfarer Parties argue that they took no adverse employment action against Lively and that their actions were instead reasonably intended to protect themselves and their reputations from unfair and false attacks. Dkt. No. 955 at 27–31. Lively responds that they
engaged in a coordinated attempt to attack her character and destroy her reputation in ways extending beyond mere “reasonable defensive measures.” Dkt. No. 1064 at 45–57.
At this stage, t[b]he Court need not, and may not, pass on whose account is more credible[/b][i]. See Frost v. N.Y.C. Police Dep’t, 980 F.3d 231, 242 (2d Cir. 2020). The question is whether Lively has provided m[b]ore than a mere “scintilla” of evidence[/b][i] to support her claim such that a reasonable jury viewing the evidence in her favor could find that the Wayfarer Parties took adverse employment action against her because of her protected activities. See Havey v. Homebound Mortg., Inc., 547 F.3d 158, 163 (2d Cir. 2008) (quoting Anderson, 477 U.S. at 252). The evidence here, [b]viewed favorably to Lively[/b][/i], passes this test.
 . . . .
In sum, the parties fiercely dispute the extent to which the backlash against Lively was “organic” or “artificial,” and which steps the Wayfarer Parties may have taken to protect themselves (versus which ones they may have taken to destroy Lively personally and her career). A jury can and should decide those questions.
. . . . To be sure, a jury could also find that something other than retaliation explains the actions of the Wayfarer Parties. As they argue, they “had a legitimate interest in protecting their reputations and the reception of their film” against negative press and would have taken steps to do so regardless of Lively’s protected activity. See Dkt. No. 955 at 32[/quote]

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