The legal blow landed hard. On April 2, a federal judge in Manhattan threw out the most serious allegations in Blake Lively’s sprawling lawsuit against her It Ends With Us co-star and director, Justin Baldoni.
Judge Lewis Liman dismissed 10 of the 13 claims in Lively’s case, including the core allegations of sexual harassment and defamation. The ruling, spanning 152 pages, leaves only three claims intact: breach of contract, retaliation, and aiding and abetting retaliation.
The judge offered two primary reasons for the dismissal. First, Lively was an independent contractor on the film, not an employee, making her ineligible to bring certain federal sexual harassment claims. Second, the alleged misconduct occurred during filming in New Jersey, not California, meaning California’s harassment laws did not apply.
Judge Liman also noted that some of the contested behavior must be viewed through the lens of creative work. “Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment,” he wrote.
However, the judge acknowledged that some conduct may have crossed a line. Baldoni’s alleged comment after Lively removed her jacket exposing a lace bra, “pretty hot”, followed by “Sorry, I missed the sexual harassment training,” was cited as potentially problematic.
The surviving claims focus on retaliation. Lively alleges that after she complained about conditions on set, Baldoni and his team launched a coordinated campaign to destroy her reputation using social media manipulation and friendly journalists.
Baldoni’s legal team celebrated the ruling. “We’re very pleased the Court dismissed all sexual harassment claims and every claim brought against the individual defendants,” attorneys Alexandria Shapiro and Jonathan Bach said. “These were very serious allegations. What’s left is a significantly narrowed case”.
Lively’s team quickly reframed the outcome. Attorney Sigrid McCawley stated, “This case has always been and will remain focused on the devastating retaliation and the extraordinary steps the defendants took to destroy Blake Lively’s reputation”. She noted the harassment claims were dropped on a technicality, not because the conduct was acceptable.
The Justin Baldoni trial is scheduled to begin May 18 in New York. A February mediation attempt failed to produce a settlement . Lively plans to testify, while Baldoni’s team says it looks forward to presenting its defense on the remaining claims.
