Blake Lively DROPS Emotional Distress Claims Against Justin Baldoni Amid Legal Battle; Here's What It Means

Pink Villa

2 days ago

Blake Lively is trying to withdraw two key claims in her lawsuit against director Justin Baldoni, one for intentional infliction of emotional distress and another for negligent infliction of emotional distress. The development comes after Baldoni's legal team requested access to Lively's medical and therapy records to defend themselves against the emotional distress allegations.
In a court filing on Monday, June 2, Baldoni's attorneys said, '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.' However, they also stated that Lively only agreed to drop the claims without prejudice, meaning she could refile them later, as per Variety.
Here's what the withdrawal means
Baldoni's lawyers objected to the move, saying it's unfair for Lively to avoid providing medical documentation and still keep the option to revive the claims later. '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,' the filing stated.
They are now asking the court to either compel Lively to produce her mental health records or dismiss the claims with prejudice so they cannot be brought back. 'Ms. Lively cannot have it both ways,' attorney Kevin Fritz wrote in the filing addressed to Judge Liman in the Southern District of New York.
Lively's attorneys, Esra Hudson and Mike Gottlieb, responded by calling Baldoni's filing 'a press stunt.' They said Lively is simply narrowing the focus of her lawsuit due to new legal developments.
Lively's legal team said the Baldoni-Wayfarer strategy of filing retaliatory claims had opened them up to broader damages under California law, making some of Lively's original claims unnecessary. They also stated that Lively continues to allege emotional distress as part of other claims, including s*xual harassment and retaliation.
Blake Lively originally filed the lawsuit in December, claiming s*xual harassment by Justin Baldoni and producer Jamey Heath during the making of It Ends With Us. She also alleged a smear campaign followed her complaints.
Baldoni is suing Lively and her husband, Ryan Reynolds, for USD 400 million, accusing them of defamation and attempted extortion. He's also involved in related lawsuits, including one against his former publicist Stephanie Jones.
Baldoni's attorneys maintain that by raising emotional distress claims, Lively has placed her physical and mental condition at issue and waived any doctor-patient privilege. The court is expected to rule on whether Lively must provide her medical records or if the claims can be dismissed permanently.