How Blake Lively Is Fighting to Dismiss Justin Baldoni’s Defamation Lawsuit

Blake Lively is pushing back against a defamation lawsuit filed by Justin Baldoni, arguing that the case should be dismissed based on a recent change in California law, The Hollywood Reporter says. In 2023, California expanded libel protections to prevent the weaponization of defamation claims, particularly in cases where accusations of sexual assault are involved. This legislation was designed to make it harder for accused individuals to retaliate through lawsuits, thereby protecting those who speak out about such misconduct. Lively's legal team is using this amendment as the basis to dismiss Baldoni's claims, emphasizing that the law safeguards individuals who report sexual assault from retaliatory lawsuits. Her lawyers, Mike Gottlieb and Esra Hudson, called Baldoni’s lawsuit a “profound abuse of the legal process that has no place in federal court.”

Baldoni's lawsuit, filed in a New York federal court, claims defamation after Lively accused him and Wayfarer’s CEO Jamey Heath of sexual misconduct and orchestrating a smear campaign against her. However, Lively's lawyers argue that California law should govern the case, as Lively was employed by Wayfarer, which is based in California, and all disputes related to the production of It Ends With Us were agreed to be resolved under California law. In their motion to dismiss, Lively’s attorneys also highlight that the defamatory statements were made in a complaint filed with a California state agency, underscoring the state's interest in protecting individuals who speak out against sexual harassment and retaliation in the workplace. "California has an interest in not only ensuring that its employers comply with its laws, but also in protecting Ms. Lively’s exercise of her right to speak out about, and seek remedies for, sexual harassment and retaliation," the filing states.

Lively’s legal team is also challenging the procedural aspects of the lawsuit, arguing that Baldoni filed his defamation claim beyond the statute of limitations. Lively points out that the allegedly defamatory statements were made in November 2023, when she listed demands to return to filming, which was more than a year before Baldoni filed his lawsuit. Additionally, Lively contends that Baldoni has failed to meet the legal threshold for actual malice, which requires proving that the statements were made with knowledge of their falsity or with reckless disregard for their truth. Lively maintains that she genuinely believes her accusations against Baldoni, citing a text message between Baldoni and his publicist Melissa Nathan that she “genuinely believes she’s right and that all of this is unjust.”

The case also involves Baldoni's allegations of extortion, which Lively dismisses as baseless. Her legal team argues that these claims stem from protected speech and cannot form the basis of a defamation lawsuit. Lively's spokesperson reinforced that she is not alone in facing defamation suits after speaking out about sexual harassment in the workplace. The statement emphasized that California law protects individuals like Lively, ensuring they are not silenced or financially ruined for exposing harassment. “While Ms. Lively has suffered greatly by speaking up and pursuing legal claims, it is important for other people to know that they have protections, and that there is a specific law that expressly protects them from being silenced or financially ruined by a defamation lawsuit because they had the courage to speak up.” Baldoni has yet to respond publicly to the ongoing legal battle.