A federal judge dismissed actor Blake Lively’s sexual harassment claims against actor and director Justin Baldoni, stemming from the production of “It Ends With Us,” while preserving three other claims that will allow a jury to hear many of the underlying allegations.
U.S. District Judge Lewis J. Liman in Manhattan ruled that Lively, as an independent contractor rather than an employee, was not entitled to bring sexual harassment claims under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on gender.
Liman found that certain alleged conduct by Baldoni during filming, including leaning in as if to kiss Lively, kissing her forehead, rubbing his face against her neck, and caressing her, could not support a hostile work environment claim in the context of an agreed-upon scene.
“Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment,” Liman wrote.
Three claims survived the ruling, including two retaliation claims and one alleging breach of a contract rider agreement against It Ends With Us Movie LLC. A trial is scheduled to begin on May 18 in Manhattan.
Among the allegations Liman said may still reach a jury: Baldoni’s comment of “pretty hot” after asking Lively to remove her jacket, revealing a lace bra; his disclosure to cast and crew that Lively had never seen pornography after she shared that information privately; and a birth scene filmed over several hours without clearing the set of nonessential personnel.
Lively filed suit against Baldoni last December, alleging sexual harassment among more than a dozen claims. Baldoni and production company Wayfarer Studios had countersued Lively and her husband, actor Ryan Reynolds, alleging defamation and extortion. The judge dismissed those counterclaims last June.
Lawyers for both parties did not immediately respond to requests for comment.
“It Ends With Us,” an adaptation of Colleen Hoover’s 2016 bestselling novel, was released in August 2024 and opened to $50 million at the box office. Its release was accompanied by widespread public speculation about tension between Lively and Baldoni.
Lively is known for the 2005 film “The Sisterhood of the Traveling Pants” and the television series “Gossip Girl.” Baldoni starred in the TV series “Jane the Virgin” and directed the 2019 film “Five Feet Apart.”
Lawyers in the case did not immediately respond to requests for comment.
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