Justin Baldoni‘s lawyers are making a bid to throw out Blake Lively‘s sexual harassment lawsuit before a federal trial set for next March.
In a motion for summary judgment filed Wednesday night, the attorneys argued that Lively’s allegations amount to little more than a “litany of minor grievances,” which should not be the basis for a harassment suit.
Lively has sued her “It Ends With Us” co-star and director, along with producers and publicists who worked on the film, claiming she faced retaliation for raising complaints about conduct on set. In particular, she alleges that she was the victim of a social media “smear campaign” in which Instagram commenters called her a “bully” and a “mean girl.”
Baldoni’s lawyers argued that such activity does not rise to the level of an “adverse employment action,” which would be required to show retaliation.
They also argued that the only actions Baldoni and his allies took were defensive in nature, as they sought to protect their own reputations from Lively’s allegations.
“Baldoni sought the advice of a crisis-management public relations firm, as any responsible person in his position would do,” his lawyers argued. “He did so for the benefit of both his professional reputation and the newly released film. He relied on media professionals to boost his image and assure that any coverage would be balanced and accurate. None of that is against the law.”
Lively’s team has cited text messages among Baldoni’s publicists, showing that they were closely monitoring the social media reaction to the spat between the two co-stars, and that they sought to “boost” posts that were favorable to Baldoni and critical of Lively.
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Baldoni and his allies previously sued Lively and her husband, Ryan Reynolds, for defamation. That lawsuit was dismissed on the grounds that Baldoni cannot sue someone for suing him.
The summary judgment motion makes reference to evidence obtained during discovery, but much of that is redacted, as the material has been designated “confidential.”
In a separate action, social media guru Jed Wallace sued Lively in federal court in Texas, alleging that she had damaged his reputation by alleging that he was involved in Baldoni’s smear campaign. That complaint was dismissed by a federal judge in Austin on Wednesday, who ruled that the court did not have jurisdiction over Lively, who is based in New York.
Lively’s claims against Wallace were likewise dismissed in New York last week, on grounds that the New York court does not have jurisdiction over Wallace, who is based in Texas.
From Variety US