How new accusers give Blake Lively ‘the upper hand’ in Justin Baldoni legal drama: expert
Testimony from two additional accusers in Blake Lively’s sexual harassment lawsuit against Justin Baldoni could “make or break” the case.
Lively has now claimed she, along with other cast and crew members, experienced “invasive, unwelcome, unprofessional, and sexually inappropriate behavior” from Justin Baldoni on the set of “It Ends With Us.”
“As a preliminary matter, having the support of credible witnesses is extremely useful to Lively,” legal expert Heidi Reavis told Fox News Digital. “In cases involving subjective experience, third-party witnesses can make or break the case.”
“If third-party witnesses can support Lively’s version of events, and especially if Baldoni cannot, she will definitely have the upper hand when it comes to her credibility and the veracity of her claims.”
Blake Lively claimed two additional women will testify about Justin Baldoni’s alleged behavior on the set of “It Ends With Us.” (Getty Images)
Lively claimed two additional female cast members are willing to testify during the scheduled 2026 trial. However, the women both remained anonymous throughout Lively’s 138-page complaint, and details of their allegations were not shared.
“The dangerous climate of threats, harassment, and intimidation fueled by the Defendants’ retaliation campaign has required Ms. Lively to alter her personal and professional life, and to take steps to protect innocent bystanders rather than exposing them to further harm,” Lively’s lawsuit, obtained by Fox News Digital, stated.
“Thus, this Amended Complaint does not refer to certain witnesses by name, nor does it provide screen shots of their text messages. Importantly, however, these witnesses have given Ms. Lively permission to share the substance of their communications in this Amended Complaint as contained herein, and they will testify and produce responsive documents in the discovery process.”
Blake Lively is seen on the set of “It Ends With Us” on May 18, 2023. (Nancy Rivera/Bauer-Griffin/GC Images)
BLAKE LIVELY VS. JUSTIN BALDONI: EVERYTHING TO KNOW
Blake Lively filed a complaint against Justin Baldoni in December after rumors of an on-set feud on “It Ends With Us.” (Jose Perez/Bauer-Griffin/GC Images)
It’s unclear if the unnamed female cast members filed an official complaint about Baldoni’s alleged “unwelcome behavior,” but that fact isn’t “fatal” to their testimony against the actor, legal experts say.
“It’s well known that most subjects of harassment and discrimination do not come forward out of fear of retaliation,” Reavis, a managing partner at Reavis Page Jump LLP, told Fox News Digital. “Certainly, if they did come forward earlier concerning either their own issues or complaining about Baldoni’s treatment of Lively that would have been helpful, but not to have done so is not fatal to their testimony.”
“At the very least, their testimony regarding Baldoni’s behavior would support a hostile work environment claim,” she added. “Further, their testimony raises questions about the extent of SONY’s awareness of harassment issues on the set, SONY’s responsibilities, and SONY’s liability.”
Fox News Digital reached out to Sony for comment. Sony has not been accused of any wrongdoing nor named in any lawsuits.
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Justin Baldoni and Blake Lively on the set of “It Ends With Us.” (Getty Images)
According to Lively, the female cast members told the actress about their own alleged experiences with Baldoni in May 2023. One of the female cast members also shared concerns with Lively about “speaking up and the potential consequences of doing so,” the complaint stated.
“Ms. Lively shared that she needed to tread carefully to ‘salvage some degree of chemistry and camaraderie with Justin who’s not only my director but love interest and we’re not even 1/3 of the way done [with filming],'” according to the lawsuit. “The two women then recounted their discomfort with their experiences with Mr. Baldoni and Mr. Heath, including one incident in which Mr. Baldoni secretly recorded them, and another in which he made an unwelcome remark about the female cast member’s wardrobe. Ms. Lively noted that Mr. Baldoni once asked her if he crossed a line, and when she said yes, he made a joke that he ‘must’ve missed the sexual harassment meeting.’”
Blake Lively has a deadline of March 20 to file a motion to dismiss Justin Baldoni’s lawsuit against her. (Gotham/GC Images)
Lively’s amended complaint is “strong,” and accusations from other accusers “without a doubt” may be “highly persuasive to jurors in this type of ‘he said/she said’ dispute,” legal expert Gregory Doll told Fox News Digital.
“Remember that the burden of proof for a plaintiff in a civil case is merely that her claims are ‘more likely than not’ true,” Doll, a partner of Doll Amir & Eley, continued. “Anything that tips the scale in one side’s favor, even slightly, is a big deal. That said, I would suggest reserving judgment until we see what exactly these accusers have to say (as opposed to relying on hearsay) because in my experience, things can change considerably under the bright light of cross-examination.”
Third-party testimony could establish the “It Ends With Us” set as a hostile work environment.
“If Baldoni was really harassing others, that can make people on set uncomfortable and Lively may have a claim,” former federal prosecutor Neama Rahmani explained. “There were a lot of people who would have seen and heard any alleged harassment, so the testimony of these independent witnesses will be critical in determining who is telling the truth: Lively or Baldoni.”
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Blake Lively accused Justin Baldoni of sexual harassment on the set of “It Ends With Us.” (Charly Triballeau)
In December, Lively detailed allegations of sexual harassment, retaliation, intentional affliction of emotional distress, negligence and more against Baldoni and film producer Jamey Heath in a complaint first filed with the California Civil Rights department and later in federal court.
Baldoni, in his own lawsuit filed in January, insisted that Lively had “falsely” accused him in an attempt to repair her reputation after the fallout of the movie’s press tour after the actress took control of the film. Baldoni’s legal team claimed Lively had no evidence of a deliberate smear campaign and instead worked to repair her reputation by accusing the actor and others of sexual harassment.
Justin Baldoni sued Blake Lively and Ryan Reynolds for civil extortion, defamation and more in a $400 million lawsuit. (Frazer Harrison/Getty Images)
Lively filed her amended complaint on Feb. 18, claiming the two female cast members were willing to testify to the “unwelcome behavior” Baldoni exhibited on set. However, Baldoni’s lawyer, Bryan Freedman, slammed the new version of the lawsuit as “unsubstantial hearsay.”
“Our clients have been transparent in providing receipts, real-time documents and video showing a completely different story than what has been manipulated and cherry-picked to the media,” Freedman said in a statement shared with Fox News Digital. “Our clients have taken this matter and these issues very seriously, notwithstanding the jokes made publicly by the plaintiff and her husband. Her underwhelming amended complaint is filled with unsubstantial hearsay of unnamed persons who are clearly no longer willing to come forward or publicly support her claims.”
“Since documents do not lie and people do, the upcoming depositions of those who initially supported Ms. Lively’s false claims and those who are witnesses to her own behavior will be enlightening,” Freedman concluded. “What is truly uncomfortable here is Ms. Lively’s lack of actual evidence.”
Blake Lively and Justin Baldoni have each sued the other after filming “It Ends With Us.” (Getty Images)
