Judge Lewis Liman cited a letter from Blake Lively bragging about her power on the set of the 2024 movie It Ends With Us to conclude she exercised extensive control over the film, making her an independent contractor rather than an employee. This determination led the judge to dismiss 10 of Lively's 13 claims against Baldoni and the film's producers. The dismissed claims included those under Title VII of the Civil Rights Act of 1964 and the California Labor Code, as they only apply to employees, not independent contractors. According to multiple reports, the letter has come back to haunt Lively in her legal battle.
A trial is still due to go ahead on May 18, covering three counts: retaliation, aiding and abetting retaliation, and breach of an agreement known as a Contract Rider. The trial will focus on the alleged online 'smear campaign' by Baldoni's PR team. Lively claimed she suffered $161 million in damages after being sexually harassed and retaliated against. Lively's attorney Sigrid McCawley stated the case is focused on retaliation and steps taken to destroy Lively's reputation. McCawley noted the sexual harassment claims are not proceeding because the court determined Lively was an independent contractor, not an employee.
Lively added her husband Ryan Reynolds to her witness list, expected to testify about production, promotion, retaliation, and damages. Others on Lively's witness list include her sister Robyn Lively, co-stars Jenny Slate and Isabela Ferrer, and Baldoni's associates like Liz Plank and Stephanie Jones. Colleen Hoover, author of the book It Ends With Us, is named as a potential witness, with testimony expected via deposition.
Legal disputes have emerged over witness testimony and settlement attempts. Baldoni wants to block testimony from Colleen Hoover and Jenny Slate, arguing their experiences are irrelevant or resolved. Lively's attorneys alleged Baldoni and co-defendants have not confirmed whether they will testify at trial in court or via deposition. Both Lively and Baldoni rejected efforts to settle the lawsuit earlier this week. No settlement agreement was reached in behind-closed-doors hearings on Monday, but more talks could take place soon, according to multiple reports.
I am grateful for the court's ruling allowing the heart of my case to be presented to a jury.
The case stems from Blake Lively's original sexual harassment lawsuit against Justin Baldoni. According to Lively's legal complaint, she sued Baldoni for sexual harassment in December, alleging he led a coordinated effort to damage her professional reputation during the film's promotion. The complaint claimed Baldoni enlisted crisis PR specialist Melissa Nathan to aid in damaging her reputation. Lively alleged that Baldoni and producer Jamey Heath fostered a toxic work environment during filming. In early 2024, Lively called a meeting with Baldoni and producers to request they cease showing nude videos or images of women, including a producer's wife, to her and/or her employees. She also requested the presence of an intimacy coordinator on set during the meeting.
The timeline of complaints and media investigations shows escalating tensions. On December 20, 2024, Lively filed a sexual harassment complaint against Baldoni with the California Civil Rights Department. According to Lively's original complaint, she accused Baldoni of sexual harassment during filming and retaliation when she attempted to stand up against his misbehavior. On December 21, 2024, The New York Times published a lengthy investigation into the PR machine Baldoni summoned to help smear Lively. That same day, it was reported that WME had dropped Baldoni as a client, but the agency publicly insisted Lively and Reynolds weren't behind its decision. On December 31, 2024, Lively formally sued Baldoni, his film studio Wayfarer, and his PR team for subjecting her to further retaliation and attacks after her participation in the New York Times story.
Amid the legal battle, Lively's personal life has continued. She prepared bunny-shaped scrambled eggs for her kids on Easter, sharing it on Instagram Stories, according to multiple reports.
Regarding legal strategy and potential future actions, Lively's attorney stated they reserved the right to pursue further action in other venues and jurisdictions as appropriate under the law.
Several unknowns remain as the case progresses. The specific evidence or details supporting the allegations of sexual harassment and retaliation by Justin Baldoni have not been publicly disclosed. The content of the letter from Blake Lively that the judge cited to classify her as an independent contractor is also not known. It is unclear whether Justin Baldoni and his co-defendants will testify at the trial, and if so, in what format. The specific terms of the Contract Rider that is part of the breach of agreement claim have not been revealed. Additionally, what prompted WME to drop Justin Baldoni as a client, and what role, if any, Blake Lively and Ryan Reynolds played in that decision, remains unspecified.