A federal judge in Manhattan dismissed actor Blake Lively’s sexual harassment claims against actor-director Justin Baldoni on Thursday, while allowing two retaliation claims and a breach-of-contract rider claim to proceed to a jury.
Judge Lewis J. Liman’s 152-page ruling followed Lively’s December 2024 lawsuit alleging more than a dozen claims tied to their work on the film It Ends With Us. A trial is scheduled to begin May 18. Counsel held a brief phone conference after the ruling to discuss jury selection.
Liman concluded Lively was an independent contractor, not an employee, and therefore could not bring sexual harassment claims under Title VII of the Civil Rights Act of 1964, which covers employment discrimination. The judge analyzed alleged on-set conduct in the context of the movie’s production and scenes being filmed.
Lively had alleged conduct including Baldoni leaning in as if to kiss, kissing her forehead, rubbing his face and mouth against her neck, putting his thumb to her mouth and flicking her lower lip, caressing her, and commenting “it smells good.” Liman said such conduct would clearly create a hostile work environment in many workplaces, “but here Baldoni was acting in the scene.”
Assuming improvisation, the judge wrote, the actions were not so far outside what might reasonably occur between characters during a slow-dancing or intimate scene to infer hostile treatment on the basis of sex. He added that “creative artists…must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment.”
Still, Liman found factual disputes that could support the remaining retaliation claims. He pointed to instances such as Baldoni allegedly saying “pretty hot” after asking Lively to remove her jacket, exposing a lace bra, then rolling his eyes and responding, “Sorry, I missed the sexual harassment training,” when warned it was inappropriate. The judge also cited allegations that Baldoni pushed for a naked birth scene and that filming of the scene lasted hours without the set being closed to nonessential personnel.
Those facts, the judge said, could support Lively’s assertions that she faced retaliation after raising safety concerns. Two retaliation claims remain against It Ends With Us Movie LLC and Wayfarer Studios, and the breach-of-contract rider claim against It Ends With Us Movie LLC also survives.
Baldoni has denied the sexual harassment allegations. He and his company Wayfarer Studios previously countersued Lively and her husband, actor Ryan Reynolds, for $400 million alleging defamation and extortion; those countersuits were dismissed last June.
In an Instagram statement, Lively said she did not want a lawsuit but brought the case because of “pervasive RETALIATION” she faced for asking for a safe working environment. She said she is grateful the court allowed the “heart” of her case to go to a jury and that she looks forward to telling her story at trial to spotlight retaliation faced by others.
Baldoni’s attorneys said they were “very pleased” the sexual harassment claims were dismissed and emphasized that the case has been significantly narrowed. Lively’s lawyer Sigrid McCawley said the case remains focused on “devastating retaliation” and efforts to destroy Lively’s reputation, and that Lively looks forward to testifying and highlighting online retaliation tactics.
It Ends With Us, adapted from Colleen Hoover’s 2016 bestseller, was released in August 2024 and opened to strong box office returns. The film, which shifts from romance to domestic violence themes, starred Lively and was directed by Baldoni, who also co-starred. Lively is known for roles in The Sisterhood of the Traveling Pants, Gossip Girl and films including The Town and The Shallows. Baldoni starred in Jane the Virgin, directed Five Feet Apart and authored Man Enough.
