Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Im kinda over the debates about group pleadings and MTDs. At this point, it’s all in Liman’s hands. I think realistically lawyers on both sides filed a bunch of claims that don’t pass the smell test.

On Lively’s side:

The SH claim is problematic but BF didn’t move to dismiss it b/c he’d rather challenge it before a jury b/c it’ll play against her. Her team can’t dismiss it themselves b/c they need it for PR. However, make no mistake, the SH claim is not winnable. Their best shot, as they’ve even indicated, is the retaliation.

They also should not be suing or naming Sorowitz as an individual. They could sue WF the company without suing or naming Sorowitz. It was a dumb move on their part to drag him in for multiple reasons: 1. He’s the money and now has a personal reason to fund the defense. 2. He’s a private person so he doesn’t have to prove actual malice in the defamation claim, so that’s a bigger risk for BL.

Also, and here my memory is admittedly rusty, but doesn’t lively also have a bit of a group pleading problem herself? I recall Jed Wallace saying in his motion to dismiss that he’s never met Lively and therefore could not have sexually harassed her, so I think that means she must have grouped him in with the others in her SH claim.

Not including Jones is also highly suspicious and that’s why in Jen Abel’s complaint she’s seeking to indemnify Jones, saying anything I did for WF was on behalf of Jonewswork and under your oversight, so my liability gets passed to you. This is the same reason WF would be liable in Blake’s case if she wins.

Baldoni:

They probably could’ve spared Leslie Sloane (but then why should they when the other side is dragging in Jed, Abel and Sorowitz). I don’t think they care if her case is dismissed, as she’s not really who they’re after.

NYT is a long shot because of the privileges and everyone knows it. 
[/quote]

If that’s all you think is getting dismissed from the Baldoni suit, whereas you have inexplicably listed twice as much from the Lively suit even though nobody but Wallace filed a MTD, I think you will be in for a surprise. [/quote]

Reading is fundamental. I never said these are the claims that would be dismissed (as you noted BF didn’t file any MTD). I said these are the claims that don’t pass the smell testing (meaning the lawyers filed them for ulterior motives, such as just to see what sticks, to overwhelm the other side etc).[/quote]

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