Reply to Blake Lively- Jason Baldoni and NYT

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Reply to "Blake Lively- Jason Baldoni and NYT - False Light claims "

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't think almost any of Baldoni's claims in his complaint "pass the smell test."

- [b]His defamation claims against the NYT are incredibly unlikely given that they were reporting on pending litigation and he is a public person.
- Likewise, his defamation claims against Lively, which depend on the NYT article, are likely to fail for the same reason.[/b]
- He has yet to even identify things Leslie Sloane did, at all, and in these recent interrogatories doubled down on that by saying he needs discovery to even identify a single defaming statement she made. I think this one is for sure gone.
- The extortion claims are really poorly pled, as they can't identify any benefit other than the p.g.a. credit that Lively received which has no monetary value and also cost Wayfarer nothing to give up.
- Likewise they have conspiracy claims but no evidence of conspiracy, unless that's popping up in discovery, this is just very weak.

The one Baldoni claim I could see surviving at this point is the defamation claim against Reynolds for the "sexual predator" statements. There at least they've identified a statement, and the person who said it, and there are witnesses. Maybe Lively gets included in that if the arguments they are making about Reynolds acting as her agent fly. I think the tortious interference claims attached to this will fail though because I don't think they can prove WME dropped Baldoni or Wayfarer due to Reynold's statements. They haven't produced a contract with WME either, and that's usually critical to a tortious interference claim. So I think it's just defamation here.

I think Lively's claims are going to go to trial. I don't think they'll get dismissed at SJ because there are enough issues of fact there, and I don't think they'll settle -- I think we are getting further and further from settlement daily (I would have put it at 50% likelihood a month or two ago and now I'd put it at like 10% barring some surprise that goes really poorly for either side).

I know people on this thread generally think either Baldoni is definitely guilty of the SH/retaliation or definitely innocent, but I think both of those positions are wrong. There's enough evidence there that a jury could find for Lively, but also it will come down to witness creditability and the stories each side tells (and also the stories the judge allows them to tell -- a lot of what is floated around now via PR will not be permitted as an argument in court and the jury will never here). I truly think it's a toss up and either side could prevail, and I also think that the side that wins in court will also ultimately win in the public eye.

I don't think Lively is lying about her claims as some argue. I think she's telling the truth and believes she was wronged. The bigger issue is if what she's alleging adds up to a guilty verdict for Baldoni. That's very much up in the air. Discovery is really critical here, though in a case like this it will really come down to witness testimony, including from the parties. It's a he said/she said, classically so. [/quote]

DP
Please explain to me why Justin’s claims against Blake would fail for the same reasons as his claims against the NYT.[b] You think Blake benefits from litigation privilege for a claim she filed? [/b]Interesting [/quote]

Why wouldn't she?[/quote]

Explain to me why she would. Genuinely curious to hear what you think fair report means. [/quote]

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