Blake Lively to withdraw emotional distress claims vs. Justin Baldoni after his lawyers sought her medical records
Blake Lively is withdrawing her claims of intentional and negligent infliction of emotional distress against Justin Baldoni in their ongoing legal saga.
Variety reported that Lively's move came after Baldoni's legal team sought discovery, the pre-trial process in which parties exchange information, that included her medical records.
They're seeking to compel Lively to sign a Health Insurance Portability and Accountability Act release for access of therapy notes and other relevant information amid her accusations of “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish" against Baldoni.
“Instead of complying with the Medical RFPs, Ms. Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her [infliction of emotional distress] claims,” Baldoni's lawyers said. "However, Ms. Lively has refused the Wayfarer Parties’ reasonable request that the withdrawal of such claims be with prejudice. She is only willing to withdraw her claims without prejudice."
A dismissal with prejudice means a case is dismissed permanently and cannot be refiled in court; without prejudice means a case can be refiled in another court.
"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," they added.
Lively's lawyers, meanwhile, called the filing a "press stunt," accusing Baldoni's lawyers of “streamlining and focusing” her case.
“The Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive new damages claims under California law, rendering certain of Ms. Lively’s original claims no longer necessary," they said. "Ms. Lively continues to allege emotional distress, as part of numerous other claims in her lawsuit, such as sexual harassment and retaliation, and massive additional compensatory damages on all of her claims.”
The court has yet to decide whether to compel Lively to abide by Baldoni's request or dismiss her two claims with or without prejudice.
In cases alleging physical or emotional injury, it's standard procedure for the defense to seek access to the plaintiff's medical records.
But a plaintiff withdrawing such claims of distress against the defense is deemed unusual, considering that requests to access medical records are expected and inevitable during discovery.
“Ms. Lively cannot have it both ways," Baldoni's lawyers said in response to her planned withdrawal. "If Ms. Lively wants to withdraw her frivolous IED Claims, the Wayfarer Parties are entitled to a dismissal with prejudice to ensure they will not be re-filed."
"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, and she must produce her medical information and documents as set forth herein," they added.
Baldoni's lawyers noted that if Lively alleges suffering physical and emotional injuries, she "has placed her physical and mental condition at issue and, in turn, must produce relevant information and documents [including] psychiatric records."
“In other words, Ms. Lively has waived any doctor-patient privilege," they said.
Ongoing legal battle
The legal saga of Lively and Baldoni stemmed from the former filing a sexual harassment complaint against the latter and Jamey Heath of Wayfarer Studios, the producer of It Ends with Us, which starred Lively and Baldoni, who was also the director. Lively also accused them of running a smear campaign against her.
In her complaint, Lively accused Baldoni and Heath of telling her about their past sexual relationships and "previous porn addiction." Heath also allegedly showed Lively a video of his wife naked and giving birth. Baldoni and Heath likewise supposedly entered Lively's makeup trailer without permission, "including when she was breastfeeding her infant child." Lively also recalled Baldoni claiming he could communicate with the dead, including her father, Ernie Lively. She found it "off-putting and violative."
The New York Times later published a report titled 'We Can Bury Anyone': Inside a Hollywood Smear Machine, which used excerpts from alleged text messages and emails that Lively obtained through a subpoena and detailed the work of crisis management firm TAG PR for Baldoni, including allegedly planting negative stories in the media.
Baldoni's camp has called the accusations in the report "categorically false."
Later, his camp released a series of video takes during the production of It Ends with Us in an attempt to debunk Lively's sexual harassment allegations against him. Lively and her husband, Ryan Reynolds, in turn, requested a gag order.
On Feb. 3, Baldoni launched a website containing two documents: his $400 million 224-page amended complaint against Lively and Reynolds and a 168-page "timeline of relevant events," which included a compilation of screenshots as an additional exhibit to his amended complaint. It came two days before their first court hearing.
The trial for the Lively v. Wayfarer Studios et al. case is slated for March 2026.
