Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It doesn’t seem like there is going to be a big winner or loser at the end if this trial.

Her reputation can’t be salvaged at this point. The only thing that might help is time and in a few years, maybe this will blow over but for the foreseeable future studios or consumers don’t care if it was WF or her, they just know that they don’t want much to do with her.

I’ve seen a lot of the documents, her team is arguing that her businesses tanked has and studios won’t talk to her. I’m just not sure what a win will look like for her. [b]Once the sexual harassment claims were tossed it just made her look like she made stuff up and lied. [/b]That ruined her reputation likely more than anything she did during the promotion of this film or anything WF might’ve done. [/quote]

Regarding the bolded, I get why people who don't understand the legal rulings might think this because of the online conversation, but if you understand the ruling, that's not at all what it says. Not even a little. In fact the opposite -- the court found that it was reasonable for Lively to believe she'd been SHed based on the facts of the case, and in no place did the court find she had made anything up or lied.[/quote]

The Court has to assume everything she alleges is true.  The summary judgment standard requires Court to interpret the evidence in the light most favorable to her.  Even under that standard, the Court found half her sexual harassment claims were deficient as a matter of law.[/quote]

That is different than saying she lied.

Also, yes, some of her SH claims were dismissed as deficient as a matter of law. That was inevitable, it's one of the reasons that in a hostile work environment claim, you list everything that could possibly have contributed to HWE because there is always an expectation that the court is going to streamline. But the judge identified multiple SH claims that he found, as a matter law, could have proceeded but for the independent contractor issue.

The court's decision in no way shows Lively lied. So it's not clear to me why someone would conclude from that decision that "she lied." It's just not what the court said.

Most of the facts Lively has alleged have been admitted by the other side, they are arguing over the impact or contextual meaning. That's different than "she lied" (though Wayfarer is happy to use that as a PR attack even though it is not one of their legal arguments since it's not true), it's "she misunderstood" or "her offense was not reasonable." That's a totally different conversation.

"She lied" is simply not true at this point. She didn't lie. I don't understand why it is repeated over and over.[/quote]

I mean, she’s been caught lying and changed her amended complaint accordingly.  Further, many believe that her account of the birthing scene, the birthing video and her being insulted by the use of the word sexy, among other things, are lies.m I could go on but have better things to do.[/quote]

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