Earlier this month, Justin Baldoni‘s $400 million defamation lawsuit against Blake Lively was dismissed after the actor allowed the deadline to file an amended complaint lapse. At the time, legal representatives for Baldoni stated that they would instead be focusing on tackling Lively’s complaints. In alignment with this, Baldoni has filed a motion to dismiss the suit filed by Lively that claims $161 million in damages and lost wage, as well as sexual harassment and retaliation.
In court documents reviewed by Rolling Stone, representatives for Baldoni argue that Lively “cannot prove any actionable sexual harassment” experienced during the filming of It Ends With Us. “Lively knowingly took on a lead role in a provocative, sexually charged film, based on a book famous for its
intense intimate scenes,” the document reads. “When viewed in context, no reasonable juror could find that the handful of comments and miscommunications Lively has mustered amounts to sexual harassment.”
Despite this comparison being made to establish a distinction between a film set and an office setting, it is also argued that Lively was working as an independent contractor, rather than an employee. This would then mean that she would not be protected under Title VII, which prohibits discrimination based on race, color, religion, sex, or national origin and extends to sexual harassment. Furthermore, the motion states that Lively’s request damages from lost profits that extend to her business ventures — including Betty Buzz, Betty Booze, and Blake Brown Beauty — “demonstrates that she was in business for herself.”
The 73-page document denies Lively’s claims against Baldoni and urges the that the case not be escalated to the court. “That Lively’s reputation may have suffered is a result of her own ill-advised public statements and actions,” it reads. “This is a dispute about Hollywood reputations, not genuine legal wrongs. It does not belong in court.”
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Lively’s lawsuit is expected to go to trial next March with Baldoni, producer Jamey Heath, studio head Steve Sarowitz, and their publicists named as defendants.
Legal representatives for Lively and Baldoni did not immediately respond to Rolling Stone‘s request for comment.
