The latest round in the ongoing legal battle between Blake Lively and Justin Baldoni is now underway, and it involves a fight over the discovery process. In this phase, both sides are supposed to share any pertinent information, but Lively’s legal team says that a lack of communication regarding Baldoni’s alleged smear campaign is evidence that the side is holding back.
Blake Lively’s Legal Team Says Justin Baldoni’s Side Is Holding Back Evidence
In court documents obtained by US Weekly, Lively’s team argues that “There is substantial evidence that the retaliatory campaign” that her side alleges was conducted against her did exist. However, there are also accusations that Baldoni’s side…
...have hid the ball at every turn in the discovery process, either failing to produce documents or improperly cloaking them in the attorney-client privilege.
The filing also alleged that Baldoni's team "destroyed and/or failed to preserve or produce additional material and highly relevant evidence."
Blake Lively’s lawsuit accuses Justin Baldoni of sexual harassment and creating a hostile work environment on the set of the movie It Ends With Us, which they both starred in, Baldoni directed, and Lively produced. It also accuses the director of orchestrating a smear campaign against her. Baldoni denies all allegations.
Lively’s suit alleges that Justin Baldoni worked with podcasters and other media figures to publicly smear her and damage her reputation. There were a lot of stories surrounding Lively's alleged behavior during the production of It Ends With Us. Also, text messages of Baldoni's were leaked that certainly didn't show Lively in the best light.
Some of the people who talked about and reported on this situation were served with subpoenas in an attempt to obtain evidence. Perez Hilton revealed that he had fought a subpoena from Lively’s lawyers that was eventually dropped. Megyn Kelly also claimed to have avoided turning over any evidence after fighting a subpoena in court. However, a representative for Lively claimed Kelly was never subpoenaed, so the details here are far from clear.
What Lively’s Lawyers Want The Judge To Do About It
Lively’s legal team isn’t just arguing in legal documents. They are looking for the judge to take action against Baldoni’s side due to the alleged holding back and/or destruction of communications.
When the case goes before a jury, currently set for early next year, Lively’s team wants Baldoni’s side prevented from telling a jury that a retaliatory campaign was not orchestrated. In addition, they want the jury informed that Baldoni’s side failed to preserve evidence, and that the jury can infer such evidence would have been harmful to their case.
Blake Lively already scored one major legal win when the judge dismissed Justin Baldoni’s countersuit against her. A ruling in line with what the actress’s team is asking for would likely be another major victory that would put her in a strong position leading into the trial.
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