Why Justin Baldoni's lawyer cited 'Heated Rivalry' in Lively's case
What's the story
In a recent court hearing, Justin Baldoni's attorney, Jonathan Bach, cited the TV show Heated Rivalry while arguing for the dismissal of Blake Lively's sexual harassment claims against him. The allegations stem from their work on It Ends With Us, where Lively was the lead actor and Baldoni co-starred alongside directing it.
Defense strategy
Bach's argument: If men can improvise, no gender discrimination
Bach argued that if male actors could improvise sex scenes (as the leads of Heated Rivalry allegedly did), Lively's complaint of gender-based discrimination was baseless. He also stated that any physical contact between Baldoni and Lively was driven by their characters and had nothing to do with her being a woman. Additionally, he argued that Lively signed up for It Ends With Us knowing it would feature "hot and sexy scenes."
Counterargument
Lively's attorney countered Bach's argument in court
Lively's attorney, Esra Hudson, countered Bach's argument, stating that Lively was "kissed, nuzzled, and touched" in ways she didn't consent to. She emphasized that this was irrespective of the actor knowing about the intimate scenes. Judge Lewis Liman also pushed back on Bach's argument, saying that the film's sexual subject matter didn't give Baldoni the right to touch Lively without her consent.
Allegations
Lively's allegations and Baldoni's attorney's defense
Lively alleged that during the shooting of a slow dance scene for a montage in which no sound was recorded, Baldoni "leaned forward and slowly dragged his lips from her ear and down her neck as he said, 'It smells so good.'" In response to these allegations, Baldoni's attorney, Bryan Freedman, released behind-the-scenes footage of the slow-dancing scene. He argued that both actors behaved within the scope of their roles with mutual respect and professionalism.
Ongoing dispute
Lively and Baldoni's legal battle continues
The legal dispute between Lively and Baldoni is still ongoing. In December 2024, Lively filed a lawsuit against Baldoni for sexual harassment and retaliation, seeking over $160 million in damages. In response, Baldoni filed a $400 million countersuit, accusing her of extortion and defamation, but the case was later dismissed by a judge. The case is scheduled to go to trial on May 18.