Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous]If the complaints is dismissed without prejudice as to any or several of the MTDs, it's actually not clear how much of a win this will be for Baldoni.

In order to replead and solve the group pleading issue, the complaint will have to be totally reconceived. It seems Freedman is looking for the judge to indicate how best to resolve the group pleading issue and get a sense for what structure and arguments will work best. But unclear if Liman will offer that. Some of Baldoni's arguments, especially against Sloane and Reynolds, fall apart if you eliminate group pleading -- they just don't have facts to back up with is alleged against those defendants. There is also a group pleading issue between Lively and the NYT, where defamation is alleged against both parties as a group, but once you pull them apart and apply potential defenses, it becomes harder -- Lively cannot be held liable for the way the NYT reported on her case, and the NYT cannot be held liable for the way Lively phrased things in her complaint, and if you separate them and apply standard defamation defenses to each, there might not be much left.

Saying "oh they can just replead and solve the group pleading issue" without specifying HOW they do that while retaining the guts of their complaint, glosses over a lot. It's not so simple. In some ways it may be better for Freedman if some portion is dismissed with prejudice, which might solve some of the group pleading automatically, plus it gives him a PR angle (that the judge is being unfair and not even letting them plead their case) even if the ruling is fair and based on the law.[/quote]

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