Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]The 47.1 motion is really interesting to me because I think all of Wayfarer's best arguments against it are procedural/technical, but that the facts favor Lively if she can overcome those challenges.

There are absolutely questions about whether the court can even apply 47.1, including the jurisdictional issues and the question of whether the dismissal of Wayfarer's defamation lawsuit can be considered a final decision in Lively's favor.

However, if those objections are overcome, I think Lively has strong arguments both that there is a protected communication and that her allegations were made without malice. I know the Baldoni folks on here will yell at me for that, but just taking the "without malice" issue, we have the settlement statement saying Lively's concerns deserved to be heard, and we have a text from Baldoni saying that Lively truly believed she had been wronged. And that's on top of Lively's own testimony, texts, and emails, all of which seem to back up the idea that she was genuinely upset about what had happened on set and believed lines had been crossed. I think that's hard to overcome.[/quote]

I actually don’t think the facts favor lively on the question of without malice when you consider Vanzan and the email from Sony saying Blake wanted to destroy the dailies. Taken together that shows a person who was invested in controlling the narrative not in the truth or a redress of grievances. Also explains why there were so many “lies.” I use quotes b/c Blake’s fans will say they weren’t lies and that she just misremembered. But the dance scene and smells so good comes to mind. As well as the birthing scene where she made it seem like Adam was flown in just to look at her half dressed when in fact he had been on set the entire time as Justin’s acting coach. She also made it seem intimate when the baby and the baby’s parents were in the room just off camera. But if Blake could have controlled the narrative as she wanted we’d never know that. That shows malice.[/quote]

Don’t forget when she said Steve Sarowitz made her uncomfortable during the birth scene and later we found out he was not on set during that time. Another lie. [/quote]

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