A judge has ruled that Blake Lively’s emotional distress claims against actor-director Justin Baldoni will be dismissed, following a legal back-and-forth over the actress’s medical records. The decision came after Baldoni’s legal team filed a motion to compel Lively to release her therapy notes, which she opposed.
U.S. District Judge Lewis Liman issued the ruling this morning, stating that Baldoni’s motion was denied. He explained that Lively’s claims would be withdrawn, and her request to dismiss the claims “without prejudice” — allowing them to be refiled later — was also denied, though the issue could be revisited in the future.
Liman’s decision essentially closed the door on Lively’s ability to change her mind and turn over the requested medical records. The actress now faces a choice: either negotiate with Baldoni on how to officially dismiss the claims with or without prejudice, or seek to have the case dismissed without agreement. In either scenario, her attorneys will no longer be able to present evidence of emotional distress.
Lively’s attorneys, Esra Hudson and Mike Gottlieb, criticized Baldoni’s legal action, calling the motion “utterly pointless.” They added that Lively intends to drop the emotional distress claims because they are no longer necessary. She will continue to pursue damages related to sexual harassment and retaliation through other aspects of her lawsuit.
The conflict began when Baldoni’s lawyers filed a motion on Monday, requesting that Lively sign a HIPAA release to grant them access to her medical records, specifically therapy notes. In cases involving emotional or physical harm, it is routine for the defense to request such records to assess the validity of the claims.
However, Lively’s legal team opposed this request, stating that the emotional distress claims would be withdrawn. Baldoni’s attorneys argued that Lively should formally withdraw the claims with prejudice — meaning she would not be able to refile them in the future — but Lively refused.
In response, Lively’s attorneys called Baldoni’s filing a “press stunt” and asked the court to sanction his legal team for abusing the process. They argued that the claim that Lively “refused” to provide medical records was misleading, as she had already indicated her intent to withdraw the emotional distress claims.
This legal battle is part of a broader lawsuit in U.S. District Court for the Southern District of New York. Lively has sued Baldoni, alleging sexual harassment on the set of It Ends With Us, as well as retaliation. Baldoni, who directed and starred in the Sony film, has countersued Lively and her husband, actor Ryan Reynolds, for $400 million, accusing them of extortion and defamation related to a New York Times article.
In total, six lawsuits are currently pending in various courts connected to the events surrounding the film’s production and its upcoming release in 2024.
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