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Lively says Baldoni 'weaponizing' defamation case
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'It Ends With Us' co-stars allege competing smear
campaigns
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Baldoni's lawyers not immediately available for comment
(Recasts first paragraph; adds details from Lively court
filing, lawyers' comments, paragraphs 2-3, 11-15)
By Jonathan Stempel
NEW YORK, March 20 (Reuters) -
Actress Blake Lively asked a U.S. judge on Thursday to
dismiss actor Justin Baldoni's $400 million defamation lawsuit,
calling it a "vengeful" attempt to weaponize the federal courts
after she accused him of sexual harassment.
In a filing in Manhattan federal court, lawyers for
Lively called Baldoni's lawsuit part of a "sinister campaign to
bury and destroy" Lively for speaking out about sexual
harassment and retaliation, including through her lawsuit
against him.
"The law prohibits weaponizing defamation lawsuits" such
as Baldoni's to deprive Lively of her right to speak out, her
lawyers added.
Lively is also seeking unspecified triple and punitive
damages for reputational and emotional harm that Baldoni, his
production company Wayfarer Studios, and other defendants
allegedly caused.
Lawyers for Baldoni did not immediately respond to
requests for comment. He and Lively have forcefully denied each
other's respective allegations.
The feud began publicly in December, when Lively accused
Baldoni of sexually harassing her while filming the 2024 movie
"It Ends With Us," in which Baldoni co-starred and directed, and
then trying to smear her reputation.
Litigation began when Lively filed a complaint with the
California Civil Rights Department, followed by her own lawsuit
in the Manhattan court.
Baldoni and Wayfarer countersued for the $400 million,
accusing Lively, her husband and actor Ryan Reynolds, their
publicist, the New York Times ( NYT ) and others of
orchestrating a smear campaign to extort him.
He accused Lively of trying to "hijack" the movie, whose
themes included domestic violence, and then blame him when her
"disastrous" promotional approach prompted an online backlash.
The Times was sued over its December 21, 2024 article
"'We Can Bury Anyone': Inside a Hollywood Smear Machine" about
Lively and Baldoni.
LIVELY SAYS NO 'ACTUAL MALICE'
In seeking a dismissal, Lively's lawyers said applicable
California law barred lawsuits such as Baldoni's based on public
discussion of sexual harassment, including in the press.
They said Lively had a "genuine, good faith belief that
she was mistreated," and Baldoni failed to show she acted with
actual malice, meaning she knew her accusations were false or
had reckless disregard of their falsity.
The alleged falsehoods "center on hair-splitting Ms.
Lively's recounting of specific incidents within her legal
complaints or, worse, attempt to justify the Wayfarer parties'
behavior - essentially asserting that Ms. Lively 'asked for
it,'" the lawyers said.
Most damning, they added, were Baldoni's August 30, 2024
text messages calling Lively "the kind of person that genuinely
believes she's right and that all of this is unjust," to which a
publicist replied, "She fully does. I know it."
In a joint statement, Lively's lawyers Michael Gottlieb
and Esra Hudson called Baldoni's lawsuit "a profound abuse of
the legal process," and said its "attempt to sue Ms. Lively
'into oblivion' has only created more liability" for him.
A March 2026 trial is scheduled.
Reynolds is also seeking a dismissal from Baldoni's lawsuit,
saying it reflected "hurt feelings" based on the two times he
allegedly called Baldoni a "predator."
He also said he "genuinely, perhaps passionately, believes"
Baldoni's behavior reflects that of a predator, and that using
the word is constitutionally protected opinion.
The Times, meanwhile, has said its article about Lively and
Baldoni was merely journalism, and that it was not helping
Lively extract revenge.
U.S. District Judge Lewis Liman in Manhattan, who oversees
both lawsuits, has signaled Baldoni is likely to lose his case
against the Times.
"It Ends With Us" garnered mixed reviews, but grossed more
than $351 million worldwide according to Box Office Mojo.