Justin Baldoni's $400 million lawsuit in jeopardy after reporter admits texting mistake
Justin Baldoni's $400 million defamation lawsuit against Blake Lively, Ryan Reynolds and publicist Leslie Sloane may be in jeopardy because of a journalist's text message using the wrong choice of words.
Baldoni's filing largely centered on a text sent by a reporter claiming that Sloane said Lively was 'sexually assaulted' by Baldoni. His legal team cited the 'unsubstantiated accusation' as evidence that Sloane pushed a 'false narrative' to 'destroy Baldoni and his reputation.'
The journalist who sent the text in question, identified as Daily Mail reporter James Vituscka, has since come forward and clarified the message, admitting that he used those words in error.
'In those text messages, my use of the phrase 'sexually assaulted' was a mistake. I meant to say, 'sexually harassed.' I regret this error,' Vituscka says, according to a signed declaration shared with the Daily News on Friday by law firm Boies Schiller Flexner, which is representing Sloane.
'Ms. Sloane never told me that Ms. Lively was sexually harassed or sexually assaulted by Justin Baldoni or anyone else,' Vituscka says. 'I regret that private text messages were made public.'
What's more, Vituscka's text — which he claims he did not authorize to be used in Baldoni's filing — was 'not in reference to any conversation that I had with Leslie Sloane' but to the allegations made in the complaint Lively filed against Baldoni in mid-December, he says.
In the initial complaint filed with the California Civil Rights Department, the 'Gossip Girl' star, 37, accused her 41-year-old 'It Ends With Us' director of sexual harassment on the film's set and a retaliatory smear campaign. She formally sued Baldoni at the end of the year.
Two weeks later, Baldoni filed his countersuit, accusing Lively, Reynolds and Sloane of defamation and civil extortion. In part using that message from Vituscka, his lawyers claimed Baldoni was targeted in a 'character assassination plot' orchestrated by Sloane at 'Lively's direction.'
Sloane has maintained that said she never used the phrase 'sexually assaulted,' and has sought to be dismissed from the case.
'After being wrongfully dragged into this litigation, Leslie Sloane has repeatedly stated that she never used the phrase 'sexually assaulted' which formed the basis of Baldoni's meritless defamation claim against her and today she is fully vindicated by the declaration of James Vituscka that admits she never said those words,' attorney Sigrid McCawley said in a statement sent to The New York Daily News. 'The Wayfarer Parties never even bothered to attempt to confirm whether the outrageous allegations they were launching at Ms. Sloane were true, and they were not.'
Legal teams for Lively and Baldoni did not immediately respond to a request for comment.
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