blake lively, justin baldoni,

Blake Lively is seeking to dismiss her claims of intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) against Justin Baldoni. This development follows Baldoni’s legal team requesting discovery that includes her medical records to support his defence against her allegations that she suffered “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish.”

Blake Lively Claims Emotional Distress Against Justin Baldoni

Lively’s attempt to withdraw these two claims was revealed in a filing on Monday by Baldoni’s attorneys, who are pushing to have her sign a HIPAA release to access therapy notes and other relevant materials. The filing states, “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.”

However, Lively’s side has refused the Wayfarer Parties’ reasonable request that the withdrawal be with prejudice. She is only willing to withdraw her claims without prejudice, meaning she wants to keep the option open to refile them later. She aims to:

(a) refuse to disclose the information and documents needed to disprove her emotional distress claims or to demonstrate that the Wayfarer Parties caused her distress

(b) retain the right to re-file her IIED claims after the discovery period ends.

Blake’s Attorney’s Claim

Lively’s attorneys, Esra Hudson and Mike Gottlieb, labelled the filing “a press stunt,” emphasising that they are “streamlining and focusing” her case. They added, “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. 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.”

Baldoni’s lawyers declined to comment. The court now faces the decision of whether to compel Lively to produce her mental health records—something she wishes to avoid—or to dismiss her claims with or without prejudice. It’s standard in cases involving physical or emotional injuries for the defence to access the plaintiff’s medical records, which can clarify the extent of alleged distress. What is unusual here is Lively’s midstream withdrawal of her claims, especially given that medical records are generally an unavoidable part of the discovery process in such lawsuits.

With six related lawsuits now underway, the case continues to develop rapidly. Baldoni is also involved in litigation with his former publicist Stephanie Jones, whom he claims leaked text messages that contributed to the ongoing disputes.