Actress Blake Lively has moved to withdraw two key claims in her ongoing legal battle with actor and director Justin Baldoni, as reported by The New York Post.
According to a new court filing, Lively is attempting to drop her accusations of intentional and negligent infliction of emotional distress, which she originally included in a lawsuit filed in December 2024.
The development comes after Baldoni’s legal team requested Lively’s medical records as part of the discovery process. In response, Lively’s attorneys indicated she would withdraw the claims.
Here's What They're Not Telling You About Your Retirement
However, according to documents filed Monday in the U.S. District Court for the Southern District of New York, she is seeking to do so without prejudice — meaning the claims could potentially be refiled at a later date.
Baldoni’s legal team objected to this approach. “Instead of complying with the Medical RFPs, Ms. Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her IED Claims,” the filing reads.
“However, Ms. Lively has refused the Wayfarer Parties’ reasonable request that the withdrawal of such claims be with prejudice.”
“In other words, Ms. Lively wants to simultaneously: (a) refuse to disclose the information and documents needed to disprove that she suffered any emotional distress and/or that the Wayfarer Parties were the cause; and (b) maintain the right to re-file her IED Claims at an unknown time in this or some other court after the discovery window has closed,” the filing continues.
FREE Gun Law Map: Laws Don't Pause During Social Unrest
Baldoni’s attorney, Kevin Fritz, wrote to Judge Lewis Liman that “Ms. Lively cannot have it both ways,” and argued the claims should only be withdrawn if they are dismissed permanently.
“If Ms. Lively is unwilling to stipulate to the dismissal of her IED Claims with prejudice, then the Wayfarer Parties will continue to defend against them,” he added.
Lively first filed suit against Baldoni, Wayfarer Studios, and others in December 2024, alleging sexual harassment on the set of It Ends With Us and accusing Baldoni of orchestrating a “coordinated effort to destroy her reputation.”
She claimed the incidents caused her to suffer “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish,” along with financial losses.
Baldoni’s legal team maintains that by claiming physical and emotional harm, Lively has waived doctor-patient privilege and must provide supporting medical documentation.
“By alleging that she suffered physical and emotional injuries, Ms. Lively has placed her physical and mental condition at issue and, in turn, must produce relevant information and documents,” Fritz stated.
Lively’s attorneys pushed back, telling TMZ:
“Once again, this is a routine part of the litigation process that is being used as a press stunt… We are doing what trial lawyers do: preparing our case for trial by streamlining and focusing it; they are doing what they do: desperately seeking another tired round of tabloid coverage.”
The statement also noted that Baldoni and Wayfarer’s countersuit has opened them up to additional legal exposure, rendering some of Lively’s initial claims unnecessary.
However, her legal team confirmed she “continues to allege emotional distress” under other claims, including sexual harassment and retaliation, and is seeking “massive additional compensatory damages.”
In January 2025, Baldoni filed a $400 million countersuit against Lively and her husband, actor Ryan Reynolds, for defamation and extortion. Both have denied those allegations.
The trial is set to begin in March 2026.
The opinions expressed by contributors and/or content partners are their own and do not necessarily reflect the views of RVM News. Contact us for guidelines on submitting your own commentary.
Join the Discussion
COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.