Why Blake Lively’s Sexual Harassment Case May Topple Justin Baldoni’s $400 Million Lawsuit

OPINION: This article may contain commentary which reflects the author's opinion.

The legal showdown between Blake Lively and Justin Baldoni has captured widespread attention, with both actors filing lawsuits against each other in what appears to be a bitter battle involving sexual harassment, defamation, and reputational damage. The conflict began in December 2024 when Lively accused Baldoni of sexual harassment during the filming of a project and retaliation via a smear campaign. By the end of the year, she filed a formal lawsuit against Baldoni in federal court. Baldoni responded in January 2025 with a $400 million defamation lawsuit, accusing Lively, her husband Ryan Reynolds, and others of civil extortion. As the cases were consolidated under Judge Lewis Liman’s supervision, legal experts began weighing in on why Lively may have the stronger case in federal court.

The Claims and Counterclaims

Lively’s lawsuit, filed on December 31, 2024, accuses Baldoni of sexual harassment, specifically highlighting instances such as Baldoni entering her trailer uninvited while she was breastfeeding and making inappropriate comments about sex and pornography. Lively also accuses him of leading a smear campaign, citing evidence including text messages from Baldoni’s publicists discussing plans to “destroy” or “bury” her reputation. These accusations were further bolstered by an amended complaint filed on February 19, 2025, which included additional communications and witness accounts, some from other female cast members who reportedly made similar complaints in May 2023.

Baldoni’s defamation lawsuit, filed on January 16, 2025, alleges that Lively misrepresented herself during the production process, accusing her of making misguided creative decisions and joking about his appearance. Baldoni also released footage in January 2025, aiming to contradict Lively’s claims, including a slow dance scene that supposedly undermines her version of events. Additionally, Baldoni created a website, “Lawsuit Info,” to release information like notes from an intimacy coordinator meeting that Lively allegedly skipped. Despite his efforts, Baldoni’s case has faced significant challenges, particularly due to his admission of some of Lively’s allegations, such as making comments about her attractiveness or her scent, which could undermine his defamation claims.

Why Lively’s Case Might Be Stronger

Several factors point to Blake Lively having a stronger case in federal court, particularly when it comes to her sexual harassment and retaliation claims.

1. Strength of Claims and Evidence

Lively’s case is largely built on specific, fact-based allegations, which are supported by a significant amount of evidence. She has provided text messages and witness accounts that corroborate her claims of harassment and retaliation. This includes communications discussing Baldoni’s alleged smear campaign against her. These types of claims are often more likely to survive a motion for summary judgment and proceed to trial, as the evidence is clear and detailed.

In contrast, Baldoni’s defamation claims require him to prove that Lively’s statements were false, factual, and not protected by free speech or other legal privileges. This is a difficult burden to meet, as many of his counterclaims appear to involve opinions or statements that may fall under protected speech rights, especially in a legal context involving high-profile figures.

2. Legal Protections for Lively

Lively also benefits from legal protections that could give her an advantage in court. Under California Civil Code Section 47.1 (the Privileged Communications Incident of Sexual Assault, Harassment, or Discrimination Act), individuals reporting harassment are shielded from defamation lawsuits unless their actions are found to be malicious. Given that Lively’s accusations involve harassment and retaliation, this legal protection could significantly weaken Baldoni’s defamation claims. If the court finds that Lively’s actions fall under this statute, it could dismiss Baldoni’s countersuit and even require him to pay her legal fees, as noted in a March 2025 ruling.

3. Procedural Advantages

The consolidation of the two cases in the Southern District of New York, ordered on January 30, 2025, may also work in Lively’s favor. As a result of the federal consolidation, Baldoni’s ability to use California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) laws in his defense is nullified. These laws are designed to prevent lawsuits that aim to silence free speech, but they do not apply in federal court, which may add procedural hurdles to Baldoni’s case.

4. Proof Challenges for Baldoni

In terms of proving his case, Baldoni faces significant difficulties. His defamation lawsuit hinges on proving that Lively’s accusations are false, but many of the actions he admits to—such as commenting on Lively’s appearance—could undermine his claims. Additionally, Baldoni must contend with the fact that some of his claims about Lively’s involvement in the production process may be subjective or based on personal opinions. This could make it challenging for him to meet the legal standard for defamation, which requires proof of falsity and harm to reputation.

5. Retaliation Evidence

Lively’s retaliation claim also benefits from substantial supporting evidence. Although proving “adverse employment action” for retaliation can be complex, especially when the alleged retaliatory actions occurred after employment ended, Lively’s evidence of a coordinated campaign to damage her reputation adds weight to her case. Text messages discussing how to “socially manipulate” her public image align with her accusations of retaliation and could make it easier to prove her claims in court.

Conclusion

While both Blake Lively and Justin Baldoni have presented their respective cases with evidence and counterclaims, it seems that Lively’s lawsuit is positioned to succeed in federal court due to the strength of her sexual harassment and retaliation claims, legal protections available to her, and procedural advantages. Baldoni’s defamation lawsuit faces several hurdles, including the difficulty of proving falsity and the impact of his own admissions. As the legal battle progresses, Lively’s case appears to have a stronger foundation, especially given the substantial evidence and protections in place to support her claims.

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