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Baldoni-Lively lawsuit not over yet: filmmaker can still fight if he changes certain terms of his lawsuit

Court Dismisses Baldoni's $400M Lawsuit, but Leaves Door Open for Amended Claims

Baldoni can amend claims in lawsuit against Lively despite dismissal
Baldoni can amend claims in lawsuit against Lively despite dismissalSPECIAL

Justin Baldoni still has options to pursue his legal battle against Blake Lively despite a judge dismissing his $400 million defamation lawsuit, as legal experts indicate he can amend several claims in his original countersuit.

The legal dispute between "It Ends With Us" director Justin Baldoni and actress Blake Lively has taken a new turn after a judge dismissed Baldoni's $400 million defamation lawsuit. However, according to legal experts consulted by Page Six, this doesn't necessarily mark the end of Baldoni's legal fight. While the initial ruling appears to favor Lively, Baldoni's team has been invited to amend four of the seven claims in his original countersuit, suggesting the case is far from concluded.

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Bryan Freedman, Baldoni's attorney, clarified the situation in a public statement Tuesday: "While the Court dismissed the defamation related claims, the Court has invited us to amend four out of the seven claims against Ms. Lively, which will showcase additional evidence and refined allegations." Freedman emphasized that the core of their case revolves around "false accusations of sexual harassment and retaliation and a nonexistent smear campaign," which he claims Lively's team cannot substantiate.

Legal pathways remain open for Baldoni

Attorney Nicole Page of Reavis Page Jump LLP explained to Page Six that if Lively were to make a "new public statement" about Baldoni that he considers defamatory, he could file another defamation suit within the one-year statute of limitations. However, entertainment and liable attorney Tre Lovell points out that Baldoni may not even need to wait for such a scenario, as the judge's decision to allow amendments to four claims in his original countersuit provides an immediate path forward.

Alphonse Provinziano, another legal expert, confirmed this assessment, stating, "Right now, the court has allowed them to amend their pleadings on defamation-related claims, meaning the lawsuit is still alive." Despite this opening, Camron Dowlatshahi of Los Angeles-based MSD Lawyers cautioned that even if Baldoni files an amended complaint, it will "likely face another motion to dismiss," making it uncertain whether the case will advance to the discovery phase.

The stakes remain high for both parties, with Baldoni's team hoping their amended claims will present stronger evidence against Lively, while her legal representatives maintain the dismissal validates their position that the original lawsuit was retaliatory and without merit.

Baldoni vs. Lively: both sides face challenges ahead

While Baldoni works to salvage his lawsuit, legal experts note that Lively also faces significant hurdles in her sexual harassment claims against the director. Nicole Page, who specializes in entertainment, employment, and labor law, emphasized that "Lively will still have to provide evidence in support of her allegations that Baldoni sexually harassed her in order to succeed on her claims." Michael Elkins of MLE Law shared this assessment, stating, "I think Lively has an uphill battle in her claim for sexual harassment."

Baldoni vs. Lively: both sides face challenges ahead.
Baldoni vs. Lively: both sides face challenges ahead./ SPECIAL

The context of the alleged harassment further complicates Lively's case, according to Tre Lovell. "Alleging sexual harassment on a movie set where the film is about domestic violence and the actor's job to improvise and perform scenes in accordance with the subject matter will make this case much more difficult to prove than a typical workplace employment scenario," he explained. This unique circumstance may make it challenging to distinguish between appropriate artistic direction and inappropriate behavior when the case goes to trial in March 2026.

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