Blake Lively Can’t Refile Emotional Distress Claims Against Justin Baldoni, Court Rules

Blake Lively is no longer pursuing claims for emotional distress in her lawsuit against It Ends With Us director Justin Baldoni.

The move comes after the judge overseeing the case on Tuesday turned down the actress’ bid to refile the claim at a later stage if she chooses to abandon them.

Lively’s motion is “denied based on [her] representation that the relevant claims will be withdrawn,” wrote U.S. District Judge Lewis Liman in an order issued on Tuesday.

In a statement, Esra Hudson and Mike Gottlieb, lawyers for Lively, said their client is dropping certain claims because “they are no longer necessary” and that she will “continue to pursue emotional distress damages through other claims in her lawsuit,” including sexual harassment and retaliation. They added that the “Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive damages under California law.”

On Friday, Lively voluntarily agreed to withdraw her claim for infliction of emotional distress, with the aim of streamlining the litigation. She moved to drop the claim “without prejudice,” meaning she can refile it down the road.

Baldoni challenged the move, arguing that Lively’s lawyers should be forced to completely abandon the claim. He stressed that the actress is refusing to turn over her medical records, preventing him from disputing arguments that his alleged misconduct caused her emotional harm.

Tuesday’s order forecloses the possibility of Lively refiling emotional distress claims and providing her medical records unless Baldoni allows her to do so.

The actress can also file a formal motion for the court to dismiss the claims without prejudice, which the court will assess if she chooses to go down that path. If she chooses to proceed with those claims, she won’t be able to present evidence of emotional distress.

A spokesperson for Baldoni declined to comment.