Justin Baldoni claims Blake Lively should accept his nuzzling in dance scene as she knew she had signed on to ‘hot and sexy’ movie
Blake Lively could not have been sexually harassed on the set of It Ends With Us because it was a ‘hot and sexy’ movie, Justin Baldoni’s lawyers told a court.
The actress’ allegations against Baldoni, her co-star and director of the film It Ends with Us, should be dismissed because there was a ‘steamy and turbulent romance at the heart of the film’, it was claimed.
Lawyers for Baldoni called her claims ‘trivial grievances’ and ‘petty slights’ that didn’t meet the legal standard.
They brought up the raunchy HBO show Heated Rivalry and suggested it wouldn’t be discrimination if one of the two male leads ‘kissed the other aggressively’.
The claims were made at the federal court in New York Thursday as Baldoni sought to have Lively’s allegations thrown out before the trial, which is due to take place in May.
Lively claims she suffered at least $161million in lost earnings and damages after Baldoni harassed her and then launched a social media smear campaign against her as the film came out in summer 2024.
Justin Baldoni’s legal team argued that Blake Lively’s sexual harassment lawsuit should be dismissed, calling her allegations ‘petty slights’ that couldn’t be legally upheld in court because the film was intended to be ‘hot and sexy’
The claims were filed in federal court in New York as Baldoni sought to have Blake Lively’s allegations dismissed ahead of the trial, which is scheduled for May
In the movie Lively played Lily Bloom, a florist, who gets into a relationship with neurosurgeon Ryle Kincaid, played by Baldoni, who becomes abusive and violent.
Judge Lewis Liman, who is overseeing the case, has already dismissed a $400million defamation lawsuit filed by Baldoni.
He did not rule on Baldoni’s motion for dismissal and said he would do so later.
During the three-hour hearing, Liman had tough questions for both sides and at times appeared skeptical of both their arguments.
Baldoni’s lawyer Jonathan Bach told the court: ‘This is a case about making a movie, a movie with highly charged romantic and sexual themes.
‘In that context actors signed on knowing they would portray characters in intimate, sensuous and at times even abusive situations.
Lively claims she suffered at least $161million in lost earnings and damages after Baldoni allegedly harassed her and launched a social media smear campaign against her when the film It Ends With Us was released in summer 2024
Baldoni’s lawyers argued Lively signed on to the movie knowing it would be directed by him and that they would have to portray a ‘steamy and turbulent romance’. The judge argued that even if this was the case, Baldoni couldn’t touch the actress ‘whenever he wanted’
‘In that context the key source material, including the book on which the movie was based, called for hot and sexy scenes.
‘Miss Lively signed on knowing that she would be directed by Mr Baldoni and work with him side by side to portray a steamy and turbulent romance at the heart of the film.’
Judge Liman said that it couldn’t be the case that just because the film was of a ‘sexual nature’ that Baldoni could touch Lively ‘wherever he wanted’.
Bach said no and argued that ‘context matters’ and that Lively had to show that there was discrimination against women in a ‘pervasive way’.
When Bach tried to claim that the allegations were ‘small potatoes’, the judge cut in and said: ‘A whole bunch of little things can add up to a big thing.’
Bach replied: ‘What’s not actionable are trivial grievances or petty slights’, adding that it was ‘very dangerous for a court to be drawing lines’ on what was allowed.’
However, the judge raised the infamous dance scene to Lively’s legal team – exclusively obtained by the Daily Mail in 2025 and cited by Lively as an instance of alleged harassment
Liman had tough questions for Esra Hudson, Lively’s lawyer, on the same matter.
Hudson said there were four instances of sexual harassment against Lively.
They were: When Baldoni kissed and ‘nuzzled’ her during a dance scene in an unscripted moment, when producer Jamey Health allegedly came into her trailer while she was partially naked, when Heath showed her a video of his naked wife giving birth and during a birthing scene where she only had a small piece of cloth covering her private parts.
Liman zeroed in on the dance scene.
The judge, whose brother Doug Liman is a Hollywood director who has helmed major films like The Bourne Identity, said: ‘Does a director have any ability in that kind of setting to improvise with respect to what the actors are doing?
‘To go off script a little bit? Or does every going off script that involves physical contact give rise to a claim?’
The instance in the dance scene where Baldoni nuzzles Lively’s neck, one of four alleged harassment incidents, prompted the judge to note that if her team’s argument of no consent was accepted, it could mean any director might have to face a jury over a sexual scene
Lively’s lawyer Esra Hudson said actors can ‘improvise with consent’ but argued there was no consent in the scene, however the judge remained unconvinced saying it was hard to see how it would constitute ‘sexual harassment’
Hudson said that actors can ‘improvise with consent’. She said: ‘That’s the issue here. There was no consent.’
Liman was unconvinced and said: ‘Your proposition would seem to have every directors’ decision decided by a jury and that can’t be right.’
The judge asked if Baldoni told Lively to ‘look sexy, to look hot’, wouldn’t that be ‘fair game for the director’.
Hudson said: ‘If it related to the character then yes and if that were the issue we wouldn’t be here.’
Liman said that it was ‘hard for me to see how that would constitute sexual harassment’.
He said: ‘The two of them are working on a script, he suggests scenes that are more graphic. That’s part of the creative process.’
Judge Lewis Liman did not rule on Baldoni’s motion for dismissal and said he would do so later
Baldoni’s team pointed to the hit HBO show Heated Rivalry, which features numerous gay sex scenes, making the point that if one male actor were to kiss another ‘aggressively,’ if that also constitutes a federal case on the basis of gender or discrimination
Later Bach brought up Heated Rivalry, which stars Hudson Williams and Connor Storrie as rival ice hockey players who are engaged in a steamy affair – and has numerous sex scenes.
Bach said: ‘Let’s say one of those men happened to kiss the other a little aggressively during a scene. Is that because of their gender?
‘Is that discriminatory? That’s the question here. Miss Hudson says that’s per se sexual harassment. The courts say there has to be a gender basis.’
An incredulous Bach asked if it was going to be a federal case every time ‘someone leans forward, someone nuzzles?’
Other matters that the judge heard arguments on were whether Lively was considered an independent contractor and whether Baldoni’s lawyers should face sanctions for allegedly failing to preserve evidence, in particular disappearing text messages.
He will rule on all of them later.
The hearing came days after hundreds of text messages in the case were unsealed, including exchanges between Lively and Taylor Swift talking negatively about Baldoni
Speaking outside the court, Lively’s lawyer Sigrid McCawley said that the case was going to trial because there was a ‘mountain of evidence’ against Baldoni.
She said: ‘There were multiple women who raised concerns about this workplace.
‘Mr Baldoni felt free to talk about having orgasms in the workplace, he felt free to talk about having sex with women without their consent.’
There are mountains of evidence that prove Lively’s claim, she said.
McCawley added: ‘Blake Lively wants this to go to trial. She’s in a position where she has mountains of strong evidence about her claims and wants to send a message to all women.’
But in a major surprise, McCawley revealed that Taylor Swift, Lively’s close friend, and Lively’s husband Ryan Reynolds ‘are not expected to be called’ as witnesses at the trial.
Sigrid McCawley, who famously advocated for the victims of pedophile Jeffrey Epstein, said outside the court that Lively wants the case to go to trial to ‘send a message to all women’
Lively’s husband Ryan Reynolds is unlikely to be called to give evidence attorney McCawley said. Taylor Swift is also unlikely to take the stand
Reynolds could have told the jury about a January 2024 meeting at his and Lively’s house where he is said to have berated Baldoni.
Swift exchanged numerous texts with Lively including calling Baldoni a ‘b****’ in 2024 as he was exposed for his alleged behavior, which were released on Monday.
In another message, Swift told Lively ‘you won’ the day after she filed a damning complaint with the California Civil Rights Department outlining her allegations.
The Deadpool star also sent numerous emails and texts to various Hollywood insiders and at Baldoni’s former talent agency demanding they do something.
‘The case is really about Blake Lively’s testimony, and she is ready to go to trial,’ McCawley said.
