Lively's legal team has filed objections to news articles Baldoni's lawyers aim to show the jury, including a 2009 article where Lively used the word 'tranny' and a 2014 article about her wedding to Ryan Reynolds on a southern plantation. In court filings, Lively's lawyers argue these 'Gossip Articles' are not relevant and will aim to prove Lively was a 'mean girl' or a 'bully'. They claim Baldoni's move is an attempt to smuggle into evidence gossip and rumor while misleading the jury. Lively also objects to Baldoni calling journalist Kjersti Flaa as a witness to recount a 2016 interview; her lawyers wrote that Flaa's testimony will inevitably echo her public statements describing Lively as 'rude' and exuding 'mean girl energy'. Baldoni's lawyers counter that the news stories resurfaced organically in 2024, but Lively's team dismisses this, stating defendants appear intent on exposing the jury to negative media stories despite having no competent evidence linking them to the case.
Disputes have emerged over trial preparation, with Baldoni's lawyers claiming Lively is refusing to slim down her case even though serious allegations were dismissed. According to Justin Baldoni, Lively wants to produce 41 witnesses and has 1,000 items on her exhibit list. Lively's lawyer Michael Gottlieb accused Baldoni's lawyers of refusing to disclose who would testify, describing this as an attempt to manufacture a strategic advantage by depriving Lively of information that could help her prepare for the case. Baldoni's lawyer Ellyn Garofalo responded that their team needed more time to refine the witness list after the judge's ruling, and she wrote that plaintiff Lively ignored her own witness list, which suffered from the same shortcomings she complains of.
about her interview with Ms Lively will inevitably echo her numerous public statements describing Ms Lively as 'rude' and exuding 'mean girl energy'
The trial is due to start at the federal court in New York on May 18 and is expected to last three weeks. Justin Baldoni will give evidence, with his lawyers stating in a letter to the court that he will provide in-person testimony because what he has to say remains relevant to refute Lively's false allegations of a smear campaign. A judge last week dismissed 10 of 13 of Lively's claims, including all the sexual harassment allegations, but the matters regarding retaliation will go before a jury. Judge Lewis Liman ruled that the only claims that will proceed to trial are breach of contract, retaliation, and aiding and abetting retaliation, all of which Baldoni denies.
smuggle into evidence a combination of gossip (and) rumor... while misleading the jury into believing that their curated laundry list of old events must have played some role in the overwhelmingly negative shift in public sentiment against Ms Lively in August of 2024
Despite no supporting evidence, defendants appear intent on exposing the jury to a laundry list of negative media stories about Ms Lively, despite having any competent evidence linking those stories to the events in this case
he will provide in person testimony because what he has to say remains relevant to refute (Lively's) false allegations of a smear campaign
manufacture a strategic advantage by depriving Lively of information that could help her prepare for the case
Plaintiff (Lively) ignored her own witness list, which suffered from the same shortcomings she complains of
Counsel assured plaintiff