A federal judge dismissed Blake Lively’s sexual harassment claims against Justin Baldoni but allowed critical retaliation and breach of contract claims to move forward, guaranteeing a jury trial on May 18 that will delve into allegations of a coordinated smear campaign. The ruling underscores legal complexities for independent contractors in harassment suits while preserving the core of Lively’s case.
In a pivotal legal development, U.S. District Judge Lewis J. Liman in Manhattan dismissed Blake Lively’s sexual harassment claims against co-star and director Justin Baldoni but left intact three other claims, including retaliation, that will proceed to a jury trial on May 18. The decision, outlined in a written ruling, stems from Lively’s December 2024 lawsuit over the production of “It Ends With Us,” the film adaptation of Colleen Hoover’s bestselling novel that grossed $50 million in its debut AP News.
Judge Liman determined that Lively, who starred in and produced the film, was an independent contractor rather than an employee. This classification meant she could not pursue sexual harassment claims under Title VII of the Civil Rights Act of 1964, which applies to employment discrimination. The judge acknowledged that Baldoni’s alleged conduct—including leaning in as if to kiss her, kissing her forehead, and commenting on her scent—would typically support a hostile work environment claim in other settings. However, he ruled that within the context of a slow dancing scene, the actions were directed at Lively’s character, not Lively herself, and fell within the bounds of artistic expression expected during filming.
Despite dismissing the harassment claims, the judge preserved key retaliation allegations. He cited evidence suggesting Baldoni’s production company, Wayfarer Studios, may have planned to damage Lively’s reputation and destroy her career out of fear she would file a discrimination claim. Specific incidents include Baldoni calling Lively “pretty hot” after she removed her jacket, rolling his eyes when warned it was inappropriate, and pushing for a birth scene to be filmed naked with the set open to nonessential personnel for hours. These facts, the judge noted, could enable a jury to conclude retaliation occurred.
The surviving claims include retaliation against It Ends With Us Movie LLC and Wayfarer Studios, plus a breach of contract rider agreement claim against It Ends With Us Movie LLC. Baldoni’s countersuit accusing Lively and her husband Ryan Reynolds of defamation and extortion was previously dismissed in June 2024. Lively’s attorney, Sigrid McCawley, stated that Lively “looks forward to testifying at trial and continuing to shine a light on this vicious form of online retaliation,” emphasizing the case’s focus on alleged efforts to destroy her reputation for advocating set safety AP News.
This ruling carries significant implications for the entertainment industry. By distinguishing between on-set artistic direction and actionable harassment, Judge Liman highlighted the delicate balance creative professionals must navigate. His comment that “creative artists… must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment” sets a precedent that could influence future cases involving performers classified as independent contractors. For fans of Hoover’s novel and the film, the trial will scrutinize the behind-the-scenes discord that shadowed the movie’s release, though no sequel discussions have emerged from the legal proceedings.
The case also reflects broader trends in Hollywood power dynamics, where allegations of retaliation often accompany harassment claims. Lively’s assertion of a smear campaign aligns with increasing awareness of reputational attacks in the industry. As the trial approaches, the focus will shift to whether evidence proves a coordinated effort to silence her. For now, the dismissal of harassment claims narrows the legal battlefield but does not extinguish the controversy surrounding “It Ends With Us.”
Blake Lively’s career, marked by roles in “Gossip Girl” and “The Shallows,” and Justin Baldoni’s work on “Jane the Virgin” and his book “Man Enough” add layers to this public clash. The outcome will likely resonate beyond this film, shaping how studios handle on-set conduct and contractor protections. With a jury set to hear the retaliation claims, the entertainment world awaits a verdict that could redefine accountability in creative collaborations.
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