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Blake Lively Vows to Fight ‘Digital Violence’ at Trial After Most Claims Dismissed

by · Variety

Blake Lively vowed on Friday to keep up her fight against “digital violence,” a day after a judge threw out her sexual harassment claims against co-star Justin Baldoni.

In a statement on Instagram, Lively said that the heart of her case will go to a jury next month, and that she looks forward to telling her story in court.

“The last thing I wanted in my life was a lawsuit, but I brought this case because of the pervasive RETALIATION I faced, and continue to, for privately and professionally asking for a safe working environment for myself and others,” she said. “I hope the Court’s decision shows others that, as unfathomably painful as it is, you can speak up.”

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Lively has claimed that she was sexually harassed during the production, and that Baldoni and his publicists launched a digital smear campaign to ruin her reputation after she complained about it.

On Thursday, Judge Lewis Liman threw out 10 of the 13 claims in Lively’s lawsuit, including the claims of sexual harassment, defamation and conspiracy. He allowed three claims to proceed to trial: retaliation, aiding and abetting in retaliation, and breach of contract.

In her statement, Lively urged fans not to get distracted by the characterization of the suit as “celebrity drama,” saying that framing is designed “to keep you from seeing yourselves in my story.”

“The physical pain from digital violence is very real,” she wrote. “It is abuse. And it’s everywhere. Not just in the news, but in your communities and schools. If you’re looking, my claims won’t be the first or last time you’ll see examples of the extreme dangers of retaliation and digital warfare. And it often won’t be directed at celebrities or those who may able to speak up. It affects us all.”

Liman ruled that Lively could not bring a sexual harassment claim under federal law because she was an independent contractor and not an employee. And she could not allege harassment under California law because the production took place in New Jersey.

On the issue of retaliation, he found she had made out a plausible case that she had a good faith basis for her harassment complaints, meaning that a jury will decide whether she faced unlawful repercussions for raising them.

Her agency, WME, which parted ways with Baldoni over the accusations surrounding “It Ends With Us,” issued a statement of support for Lively and her remaining claims on Friday, saying “she has helped expose the devastating harm caused by covert digital takedown campaigns.”

“In an industry that too often asks women to absorb the damage and stay quiet, Blake Lively chose to stand up for herself, her castmates, and those without the ability to fight back,” WME’s statement said. “She has met this moment with courage, moral clarity, and extraordinary determination. Even as others have tried to turn this case into a spectacle, she has kept the focus where it belongs: on facts, accountability, and the right to speak up without fear of retaliation. In doing so, she has helped expose the devastating harm caused by covert digital takedown campaigns designed to intimidate, discredit, and drown out the truth. She and her family have our full support as this case moves to trial.”

A magistrate judge ordered both sides to call in on Monday to discuss their updated settlement positions. The magistrate presided over a mandatory settlement conference in February that went nowhere, but the judge’s recent ruling may have altered the playing field.

In a statement on Thursday, Lively’s attorney Sigrid McCawley hinted that Lively may have already achieved what she was aiming for.

“For Blake Lively, the greatest measure of justice is that the people and the playbook behind these coordinated digital attacks have been exposed and are already being held accountable by other women they’ve targeted,” McCawley said.

She added, however, that Lively was looking forward to testifying at the trial in May, “and continuing to shine a light on this vicious form of online retaliation so that it becomes easier to detect and fight.”