In June, Judge Liman explained that Baldoni’s lawsuit centred on two claims: that Lively “stole the film” from him and his production company Wayfarer by threatening not to promote it, and that she and others promoted a false narrative that Baldoni sexually assaulted her and launched a smear campaign against her.
But Baldoni and his production company “have not adequately alleged that Lively’s threats were wrongful extortion rather than legally permissible hard bargaining or renegotiation of working conditions”, Judge Liman wrote at that time.
Additionally, the judge wrote, Baldoni and his company did not prove defamation because the “Wayfarer Parties have not alleged that Lively is responsible for any statements other than the statements” in her lawsuit, which are privileged.
The judge also determined that evidence did not show that the New York Times “acted with actual malice” in publishing their story, dismissing that $250m suit as well.
“The alleged facts indicate that the Times reviewed the available evidence and reported, perhaps in a dramatised manner, what it believed to have happened,” he wrote. “The Times had no obvious motive to favour Lively’s version of events.”