Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous]Some of you are ignoring the risks of trial for Wayfarer. Here are a few:

- Jed Wallace and Melissa Nathan both perjured themselves in depositions.
- TAG and Wallace's client lists were likely coming in to help Blake prove Wayfarer's intent in hiring them, as well as some of the work performed for those clients. It is a laundry list of horrible humans. Johnny Depp is one of the least revolting people on the list. The Trump associations were also unlikely to play well with a NYC jury, especially right now.
- Justin was always a dicey witness. Not because he's a liar but because he actually has a polarizing personality. That's actually kind of at the heart of this case -- some people find Justin genuine and kind, others find his behavior cloying or manipulative. You see evidence of this all over this case. It wasn't just Blake and Jenny Slate who found him annoying -- Jamey Heath calls him out on it. His wife calls him out. The folks at Sony. That might inspire sympathy for him on message boards (hey, a lot of us might have polarizing personalities too). But it could be disastrous on the stand. If he cries (likely) and they come off like crocodile tears (possible), really bad for him. His deposition was not great. Like her or not, Blake's deposition showed a lot more discipline and a better prepared witness. This was a major liability for Wayfarer and I think they all knew it. That's why you haven't seen Justin do a single interview since this all happened -- you just see pictures of him surfing or hanging out with his kids. This is by design.
- Sarowitz was also a problem. He said the most aggressive things about Blake and Ryan during the alleged retaliatory phase. He's also a billionaire in a political climate that is NOT very billionaire friendly. If that quote about him comparing Blake and Ryan to Hamas had made it to trial, it is impossible to imagine that goes well with a NY jury -- it's offensive to everyone somehow. Maybe it wouldn't have made it in. But I can see not wanting to risk that.
- And there were just some fundamental risks with their case. There's a lot of text evidence that Wayfarer wanted to punish Blake, not just defend Justin. There were risks around the Sony witnesses -- sometimes I thought they might help Justin, maybe not. They didn't have an airtight defense. This might have been a coin flip with the jury, and if the coin fell against them, it was going to be very, very expensive (and potentially humiliating).

Blake's case had major flaws and risks too. Those have been describe in this thread extensively. But the idea that trial was some risk free romp for Wayfarer is not true. They had a lot to lose, maybe more than Blake at this point because the public sentiment has been much harsher towards Blake over the last 18 months.

That's why I think Wayfarer paid up. Plus they can in fact afford it, even if the insurance won't pay.

I don't think Blake would settle for no money, yes the settlement statement leaned her way but it's not an unequivocal win for her and I think she would have found a no money settlement very insulting and just gone through to trial. She's already paid for most of the trial prep, so she didn't have much to lose at all.[/quote]

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