In a contentious federal court hearing in New York, lawyers for actor-director Justin Baldoni argued that co-star Blake Lively's sexual harassment allegations should be dismissed because their film It Ends With Us was fundamentally a "hot and sexy" production. The legal team characterised Lively's claims as "trivial grievances" and "petty slights" that fail to meet the legal threshold for harassment, particularly within the context of a movie centred on a "steamy and turbulent romance".
Core Arguments in the Dismissal Motion
Baldoni's attorney, Jonathan Bach, presented the motion for dismissal ahead of a trial scheduled for May. He contended that the actors, including Lively, signed contracts fully aware they would be portraying intimate and at times abusive situations, based on the source material. "This is a case about making a movie, a movie with highly charged romantic and sexual themes," Bach told the court. "Miss Lively signed on knowing that she would be directed by Mr Baldoni and work with him side by side to portray a steamy and turbulent romance at the heart of the film."
Judge Liman's Scrutiny and the 'Context Matters' Debate
Presiding Judge Lewis Liman, however, expressed skepticism during the three-hour hearing, posing challenging questions to both legal teams. He countered the defence's argument by stating that the film's sexual nature did not grant Baldoni carte blanche. "It couldn't be the case that just because the film was of a 'sexual nature' that Baldoni could touch Lively 'wherever he wanted'," Judge Liman remarked.
When Bach attempted to minimise the allegations as "small potatoes", the judge interjected, asserting, "A whole bunch of little things can add up to a big thing." Bach maintained that "context matters" and that Lively needed to demonstrate discrimination against women in a "pervasive way", arguing it is "very dangerous for a court to be drawing lines" on permissible directorial conduct.
The Specific Allegations Under Examination
Lively's lawyer, Esra Hudson, outlined four specific instances of alleged harassment:
- An unscripted moment during a dance scene where Baldoni kissed and "nuzzled" her neck.
- An incident where producer Jamey Heath allegedly entered her trailer while she was partially unclothed.
- Heath showing her a video of his naked wife giving birth.
- A birthing scene where she had only minimal coverage.
Judge Liman focused intently on the dance scene, questioning whether a director's improvisation that involves physical contact inherently creates grounds for a legal claim. "Does every going off script that involves physical contact give rise to a claim?" he asked. Hudson argued that improvisation requires consent, which was absent here. The judge remained unconvinced, suggesting such a standard could force "every directors' decision (to be) decided by a jury".
Comparisons and Broader Implications
The defence drew a parallel to the HBO series Heated Rivalry, which features explicit gay sex scenes. Bach posed a hypothetical: if one male actor kissed another "aggressively" during a scene, would that constitute gender-based discrimination? He questioned whether every on-set nuzzle or lean could become a federal case.
Judge Liman even referenced the high-profile Carroll v. Trump defamation case. The hearing also addressed whether Lively was an independent contractor and potential sanctions against Baldoni's team for allegedly failing to preserve evidence, including text messages. The judge will rule on all motions at a later date.
Lively's Stance and the Road to Trial
Outside the courtroom, Lively's attorney, Sigrid McCawley, stated the case would proceed to trial due to a "mountain of evidence". She alleged a pattern of behaviour, claiming "multiple women" raised concerns and that Baldoni felt free to discuss orgasms and non-consensual sex in the workplace. "Blake Lively wants this to go to trial," McCawley said. "She's in a position where she has mountains of strong evidence about her claims and wants to send a message to all women."
Lively seeks at least $161 million in damages for lost earnings and harm, alleging Baldoni harassed her and then launched a social media smear campaign upon the film's summer 2024 release. In a surprising revelation, McCawley indicated that key figures like Lively's husband, Ryan Reynolds, and close friend Taylor Swift—whose recently unsealed texts criticised Baldoni—are not expected to be called as witnesses. "The case is really about Blake Lively's testimony, and she is ready to go to trial," McCawley concluded.
