Blake Lively Withdraws Claims Against Justin Baldoni Of Infliction Of Emotional Distress

Screen Geek

2 days ago

Celebrities Blake Lively and Justin Baldoni have been caught in a legal debacle with one another since drama erupted on the set of It Ends With Us . Now another development in the situation has surfaced, as Lively is apparently in the process of withdrawing her claims against Baldoni regarding intentional infliction of emotional distress and negligent infliction of emotional distress.
As shared via Variety, this decision was made when 'Baldoni's legal team sought discovery that included her medical records in their efforts to defend the ' It Ends With Us ' director against her claim that she suffered 'severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish.''
The outlet continues:
'Lively's attempt to withdraw the two claims surfaced in a filing Monday by Baldoni's attorneys, who are seeking to compel the actress to sign a HIPAA release for access to therapy notes and other relevant information.'
The following statement was taken from the filing:
'Instead of complying with the Medical RFPs, Ms. Lively's counsel recently advised us, in writing, that Ms. Lively is withdrawing her [infliction of emotional distress] Claims ,' the filing states. 'However, Ms. Lively has refused the Wayfarer Parties' reasonable request that the withdrawal of such claims be with prejudice . She is only willing to withdraw her claims without prejudice. In other words, Ms. Lively wants to simultaneously: (a) refuse to disclose the information and documents needed to disprove that she suffered any emotional distress and/or that the Wayfarer Parties were the cause; and (b) maintain the right to re-file her IED Claims at an unknown time in this or some other court after the discovery window has closed.'
A response to the matter was shared by Lively's lawyers, Esra Hudson and Mike Gottlieb, who further called the filing 'a press stunt.' The two added that there are actually 'streamlining and focusing' her case. The two shared the following statement insisting that 'Ms. Lively continues to allege emotional distress' as part of the ongoing debacle:
'The Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive new damages claims under California law, rendering certain of Ms. Lively's original claims no longer necessary. Ms. Lively continues to allege emotional distress, as part of numerous other claims in her lawsuit, such as sexual harassment and retaliation, and massive additional compensatory damages on all of her claims.'
As for the court's part in all this, they 'need to decide whether to compel Lively to turn over the information on her mental health, which she has sought to avoid, or dismiss the two claims with or without prejudice.
'It is standard procedure in cases alleging physical or emotional injury for the defense to access the plaintiff's medical records that would shine a light on the root and scope of alleged distress.'
The outlet does note that it's 'unusual' in this case 'for a plaintiff to abandon the claims midstream given that it is well known heading into such a lawsuit that medical records will be an unpleasant but inevitable part of the discovery process.'
The filing to Judge Liman in U.S. District Court Southern District of New York and signed by Baldoni attorney Kevin Fritz reads as follows:
'Ms. Lively cannot have it both ways. If Ms. Lively wants to withdraw her frivolous IED Claims, the Wayfarer Parties are entitled to a dismissal with prejudice to ensure they will not be re-filed. If Ms. Lively is unwilling to stipulate to the dismissal of her IED Claims with prejudice, then the Wayfarer Parties will continue to defend against them, and she must produce her medical information and documents as set forth herein.'
It's clear that this legal situation will continue to become more complicated and complex as it progresses. With several related lawsuits in the process, and these latest developments, we'll have to see where this debacle between Blake Lively and Justin Baldoni heads next. Stay tuned to ScreenGeek for any additional updates as we have them.