In a major update on the legal battle between It Ends With Us co-stars Blake Lively and Justin Baldoni, the 37-year-old actress is attempting to withdraw her claims against Baldoni of infliction of emotional distress.
She had previously accused him of this
Lively had accused 41-year-old Baldoni of both intentional and negligent infliction of emotional distress in her initial December 2024 lawsuit.
She had alleged that he caused her to suffer “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish” as well as lost wages.
According to a document filed on Monday, June 2, Lively is now attempting to withdraw these claims after Baldoni’s legal team sought out her medical records.
Baldoni’s team spoke about what happened
“Instead of complying with the Medical RFPs, Ms. Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her IED Claims,” Baldoni’s legal team said in a filing in the lawsuit, as per the New York Post.
“However, Ms. Lively has refused the Wayfarer Parties’ reasonable request that the withdrawal of such claims be with prejudice.”
Lively doesn’t want to disclose her medical information
“She is only willing to withdraw her claims without prejudice,” the filing by Baldoni’s team continued. “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.”
Baldoni’s team said Lively can’t ‘have it both ways’
Baldoni’s attorney Kevin Fritz signed the filing and it was addressed to Judge Lewis Liman of the Southern District of New York. It argued that the Gossip Girl actress “cannot have it both ways.”
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The filing read, “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.”
They’re insisting she show her medical info
“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,” the filing continued, “and she must produce her medical information and documents as set forth herein.”
Her team has since responded to this
While Judge Liman and the Southern District of New York now need to decide whether Lively must turn over the mental health information sought by Baldoni’s team, her team have responded to talks around this move.
They said they’re doing ‘what trial lawyers do’
“Once again, this is a routine part of the litigation process that is being used as a press stunt,” Lively’s legal team told TMZ the same day the news came out.
“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 claims of emotional distress weren’t needed anymore
“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,” Lively’s team added.
They concluded, “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.”
