Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]lol this ended up exactly as I predicted at the beginning - harassment claims dismissed but retaliation going to the fact finder. [/quote]

Kind of brilliant legal move because there's no need to have any actual harassment, only retaliation (e.g. defense against) harassment claims,  whether or not true[/quote]

This isn’t correct, Blake will have to convince the jury that her complaints of a hostile work environment were reasonable.  The judge threw out a bunch of them, she has left the birthing scene, use of the word sexy by Baldoni, Baldoni allegedly telling crew she didn’t watch pornography and Jamie in the trailer.  Opinion, page 116[/quote]

But this can be considered a feature, not a bug. It means they get to put up evidence related to these SH claims without having to prove they were SH. Only that Blake believed they were. There's a decent amount of contemporaneous evidence to that effect, including texts with Jenny Slate. There will also be testimony from Jenny and Alex Sachs about Blake's complaints to them about Baldoni's and Heath's behavior. Also the testimony of the makeup artists about what happened in the trailer, and their depositions were damaging for Heath.

Basically Blake gets to spend a bunch of time at trial outlining all the extremely questionable and inappropriate things that Baldoni and Heath did on set, without having to meet the legal standard of SH. And all they have to prove with it is that Blake believed she'd been SHed, which is a fairly low bar given the amount of documented evidence and the testimony we've seen so far.

The bigger challenge for Blake will be linking the alleged retaliatory behavior to her complaints. Especially given the fact that many of the conversations between Wayfarer and the crisis team are lost forever because they used Signal. There's also a temporal problem, because of the gap between what happened on set, when Blake complained, and when the PR campaign started. Much bigger hurdle. But that was always true. The case is built around the retaliation claims, they've always known that was the core of it.

But getting to provide evidence and testimony of the most signficiant SH allegations without even needing to prove they were SH is a gift. Will also help protect witnesses like Slate and the MUAs on cross examination because now they are just testifying that these events happened or that Blake complained about them or seemed bothered by them. It actually simplifies a lot of things for Blake's case.[/quote]

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