NEW YORK – A federal judge in New York tossed out actor Blake Lively’s sexual harassment claims Thursday against actor Justin Baldoni over their roles in the movie “It Ends With Us,” but he left intact three claims, including retaliation, that will let a jury hear about many of the allegations anyway.
The written ruling by Judge Lewis J. Liman in Manhattan came after Lively sued Baldoni last December, alleging sexual harassment among over a dozen claims against Baldoni and other parties.
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A trial is scheduled to start on May 18. A brief phone conference was conducted after Liman issued his ruling. On the call, lawyers discussed the process of jury selection for the trial.
Baldoni and production company Wayfarer Studios had countersued Lively and her husband, “Deadpool” actor Ryan Reynolds, accusing them of defamation and extortion. The judge dismissed Baldoni’s claims last June.
In his ruling, Liman determined that Lively was an independent contractor rather than an employee. On that basis, he said she was not entitled to bring sexual harassment claims under Title VII of the Civil Rights Act of 1964. That law prohibits employment discrimination on various grounds, including gender.
In an analysis of the sexual harassment claims, the judge said Lively's claims had to be viewed in the context of the movie they were working on.
“Lively claims that during filming, Baldoni leaned in and gestured as if he was intending to kiss her, and that he kissed her forehead, rubbed his face and mouth against her neck, put his thumb to her mouth and flicked her lower lip, caressed her, and leaned into her neck, saying ‘it smells good,’” the judge wrote.
He said there was no question that the conduct would support a hostile work environment claim if it happened on a factory floor or in an executive suite.
However, the judge noted, Baldoni was “acting in the scene.”
“Assuming he was improvising, the conduct was not so far beyond what might reasonably be expected to take place between two characters during a slow dancing scene such that an inference of hostile treatment on the basis of sex would arise. At least in isolation, the conduct was directed to Lively’s character rather than to Lively herself,” he wrote.
“Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment,” Liman added.
Despite those findings, the judge said some of Lively's claims about sexual harassment may be put to a jury to support two retaliation claims that survived the ruling, including one against It Ends With Us Movie LLC and Wayfarer Studios, and a third claim that was left intact alleging breach of a contract rider agreement against It Ends With Us Movie LLC.
The judge noted that Baldoni once said “pretty hot” after asking Lively to remove her jacket, exposing a lace bra underneath, and that when he was warned that it was inappropriate and distracting to make such comment, he allegedly rolled his eyes and responded: “Sorry, I missed the sexual harassment training.”
Liman also cited a scene in which Baldoni pushed for Lively to perform a birth scene naked and then the scene was filmed over several hours without the set being closed to nonessential personnel.
And in another instance, the judge said, it was alleged that Baldoni volunteered that he had previously been addicted to pornography and Lively said she had never seen pornography.
Liman said it “may be fair grounds for an author or a director to discuss personal experiences, including those related to sex, as part of the creative process,” but the judge wrote that Baldoni may have crossed the line when he later announced to others on set that Lively had never seen pornography.
Lawyers in the case did not immediately respond to requests for comment.
“It Ends With Us,” an adaptation of Colleen Hoover’s bestselling 2016 novel that begins as a romance but takes a dark turn into domestic violence, was released in August 2024, exceeding box office expectations with a $50 million debut. But the movie’s release was shrouded by speculation over discord between Lively and Baldoni.
Lively appeared in the 2005 film “The Sisterhood of the Traveling Pants” and the TV series “Gossip Girl” from 2007 to 2012 before starring in films including “The Town” and “The Shallows.”
Baldoni starred in the TV comedy “Jane the Virgin,” directed the 2019 film “Five Feet Apart” and wrote “Man Enough,” a book challenging traditional notions of masculinity.