NEW YORK (AP) – Blake Lively's sexual harassment claims against co-star and director Justin Baldoni related to the movie "It Ends With Us" were dismissed by a federal judge on Thursday. However, the court left intact three claims, including one for retaliation, allowing a jury to consider many of the underlying allegations. The ruling was made by Judge Lewis J. Liman in Manhattan, and a trial is slated to begin on May 18, 2024.
In December 2024, Lively filed a lawsuit against Baldoni, who not only directed but also starred in the film. In retaliation, Baldoni and his production company, Wayfarer Studios, countersued Lively and her husband Ryan Reynolds, known for his role in "Deadpool," claiming defamation and extortion. The judge had previously dismissed these countersuits in June 2024.
Judge Liman ruled that Lively was classified as an independent contractor rather than an employee, which meant she could not pursue sexual harassment claims under Title VII of the Civil Rights Act of 1964. This legislation prohibits employment discrimination based on various factors, including gender. However, concerning the retaliation claims, the judge noted that there could be sufficient evidence for a jury to find that Baldoni's production company intended not just to damage Lively’s reputation but also to sabotage her career amid concerns about her potentially filing a discrimination claim.
Lively's legal team highlighted that she alleges a smear campaign has significantly harmed her career and reputation. The judge indicated that Lively's sexual harassment claims needed to be contextualized within the framework of the movie they were working on together. Lively has alleged that during filming, Baldoni engaged in behavior that included leaning in as if to kiss her and various forms of inappropriate touching, all of which could support a hostile work environment claim if they occurred in a different setting.
However, Judge Liman pointed out that much of Baldoni's behavior could be interpreted as part of their acting in a scene together. He argued that this conduct was not excessive when viewed in light of what is typically expected in the context of acting, noting that Baldoni’s actions appeared to be directed toward Lively’s character rather than Lively herself. The judge emphasized that creative professionals, like actors, should have some leeway to perform scenes without the constant fear of facing sexual harassment lawsuits.
Despite this ruling, specific sexual harassment claims may still be presented to a jury as part of the retaliation claims that survived the dismissal, including claims against It Ends With Us Movie LLC and Wayfarer Studios, as well as a breach of contract claim against It Ends With Us Movie LLC. One notable incident cited by the judge involved Baldoni asking Lively to remove her jacket, after which he said "pretty hot." Following a warning regarding the inappropriateness of this comment, Baldoni allegedly dismissed it with a remark about missing sexual harassment training.
Moreover, the judge highlighted an instance where Baldoni pushed for Lively to perform a birth scene while nude, which was filmed over several hours without closing the set to nonessential personnel. Following these findings, Lively’s attorney, Sigrid McCawley, expressed that Lively looks forward to testifying at the trial and aims to shed light on what she describes as a severe form of online retaliation. McCawley reiterated that this case primarily focuses on how Lively's reputation was harmed because she prioritized safety on set.
"It Ends With Us," which is based on Colleen Hoover's bestselling 2016 novel that transitions from romance to themes of domestic violence, was released in August 2024 and performed well at the box office, exceeding expectations with a $50 million debut. However, the movie's release was overshadowed by speculation regarding discord between Lively and Baldoni. Lively is well-known for her roles in "The Sisterhood of the Traveling Pants," the TV series "Gossip Girl," and films like "The Town" and "The Shallows." Meanwhile, Baldoni gained fame from the TV comedy "Jane the Virgin," directed the film "Five Feet Apart," and wrote "Man Enough," a book exploring traditional masculinity.
