Creative artists must have space to experiment without fear of liability
In a Manhattan federal courtroom, the legal dispute between actor Blake Lively and her It Ends With Us co-star Justin Baldoni has been refined rather than resolved — a judge stripping away her sexual harassment claims not because the alleged conduct was deemed acceptable, but because the law's protections did not extend to her as an independent contractor. The ruling is a reminder that the architecture of justice often turns on technical classifications as much as human experience. Three claims survive, and a jury will still hear the substance of the allegations when trial begins in May, meaning the larger questions of power, consent, and professional conduct on set remain very much alive.
- A federal judge dismissed Lively's sexual harassment claims on a technicality — her status as an independent contractor placed her outside the reach of Title VII's workplace protections, even as the judge acknowledged the alleged conduct would likely constitute harassment in a conventional employment setting.
- The specific allegations — unwanted physical contact during filming, a dismissive quip about missing sexual harassment training, a nude birth scene filmed for hours without clearing the set — paint a portrait of a workplace where professional boundaries were repeatedly tested.
- Baldoni's legal team claimed the physical contact occurred within the context of an acting scene, and the judge agreed that creative performers must have room to experiment within a script — a distinction that shielded some conduct while leaving other behaviour exposed to scrutiny.
- Three claims survived dismissal, including two retaliation counts and a breach of contract allegation, ensuring the jury will still hear the underlying harassment evidence even if it cannot rule on harassment directly.
- With trial set for May 18 and Baldoni's own counterclaims already dismissed last June, both sides are heading toward a courtroom reckoning that began in the shadow of a $72 million box office hit and a very public falling-out between its two leads.
A federal judge in Manhattan has narrowed but not ended Blake Lively's legal battle against her It Ends With Us co-star Justin Baldoni, dismissing her sexual harassment claims while allowing three others to proceed to trial on May 18.
Judge Lewis J. Liman ruled that because Lively worked as an independent contractor rather than an employee, she could not invoke Title VII of the Civil Rights Act — the federal law barring gender-based workplace discrimination. The judge acknowledged that the conduct she described would likely constitute harassment in a traditional workplace, but found that the legal framework simply did not apply to her situation.
The alleged conduct was specific: Lively claimed Baldoni leaned in as if to kiss her, kissed her forehead, rubbed his face against her neck, flicked her lower lip, and commented on her scent. Liman reasoned that because much of this occurred during a filmed slow-dancing sequence, it fell within the latitude actors must have to experiment within a script. Creative work, he wrote, requires some room to move without every physical choice becoming grounds for a harassment claim.
Yet the ruling was not a clean win for Baldoni. The judge found other conduct harder to excuse — including Baldoni's comment that Lively looked "pretty hot" after she removed her jacket, followed by a dismissive remark about having missed sexual harassment training when called out. A nude birth scene filmed over several hours without clearing non-essential crew, and Baldoni's disclosure to others on set about Lively's unfamiliarity with pornography, were also flagged as potentially crossing professional lines.
Those findings kept three claims alive: two retaliation counts and a breach of contract claim. Though the harassment allegations cannot be prosecuted directly, they will still be heard as evidence when the jury convenes.
The dispute erupted publicly around the August 2024 release of the film — an adaptation of Colleen Hoover's domestic violence novel that opened to $72 million — and has only intensified since. Lively filed suit last December across more than a dozen claims. Baldoni and his production company countersued, alleging defamation and extortion by Lively and her husband Ryan Reynolds, but those counterclaims were dismissed in June. The trial ahead will be narrower in legal scope, but no less charged in human stakes.
A federal judge in Manhattan has narrowed Blake Lively's legal fight against her It Ends With Us co-star Justin Baldoni, striking down her sexual harassment claims but leaving three others standing—a decision that will still allow a jury to hear many of the disputed allegations when the case goes to trial on May 18.
Judge Lewis J. Liman issued his written ruling on Thursday, determining that Lively, as an independent contractor rather than an employee, could not bring claims under Title VII of the Civil Rights Act, the federal law that prohibits employment discrimination based on gender. That technical distinction removed the legal foundation for her sexual harassment claims, even though the judge acknowledged the conduct she described would likely qualify as harassment in a traditional workplace setting.
The allegations themselves paint a specific picture of what occurred during filming. Lively claimed that Baldoni leaned toward her as if to kiss her, kissed her forehead, rubbed his face and mouth against her neck, placed his thumb at her mouth and flicked her lower lip, caressed her, and leaned into her neck while saying her scent was pleasant. Liman noted that if such conduct had happened on a factory floor or in an office, it would clearly support a hostile work environment claim. But he reasoned that because Baldoni was acting in a scene—specifically, a slow dancing sequence—the physical contact fell within the bounds of what actors might reasonably perform without crossing into sexual harassment. "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," the judge wrote.
Yet the ruling was not a complete victory for Baldoni. Liman found that certain other conduct may have genuinely crossed professional lines. When Baldoni commented that Lively looked "pretty hot" after she removed her jacket to reveal a lace bra, and then allegedly rolled his eyes and said "Sorry, I missed the sexual harassment training" when told the remark was inappropriate and distracting, the judge saw potential grounds for liability. Similarly, Liman cited an instance in which Baldoni pushed for Lively to perform a birth scene nude, and the scene was filmed over several hours without closing the set to non-essential personnel. The judge also noted that Baldoni had disclosed his past addiction to pornography as part of a creative discussion, but then announced to others on set that Lively had never seen pornography—a disclosure the judge suggested may have crossed the line from legitimate artistic conversation into something more problematic.
Because of these findings, three claims survived dismissal: two retaliation claims (one against Baldoni's production company Wayfarer Studios and It Ends With Us Movie LLC, and another against the production company) and a third claim alleging breach of a contract rider agreement. These surviving claims will allow a jury to hear evidence about the sexual harassment allegations, even though they cannot be prosecuted as standalone harassment cases.
The case has been contentious from the start. Lively filed suit last December, naming Baldoni and other parties in more than a dozen claims. Baldoni and Wayfarer Studios countersued, accusing Lively and her husband, actor Ryan Reynolds, of defamation and extortion. The judge dismissed those counterclaims in June. Now, with jury selection discussions already underway, the case is set to proceed to trial with the retaliation and contract claims as the vehicle through which the underlying allegations will be examined.
It Ends With Us, an adaptation of Colleen Hoover's 2016 bestselling novel about a romance that descends into domestic violence, opened in August 2024 and exceeded box office expectations with a $72 million debut. But the film's release was shadowed by persistent reports of tension between its two leads, a discord that has now moved into the courtroom.
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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— Judge Lewis J. Liman
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So the judge threw out the sexual harassment claims entirely?
Not entirely. He dismissed them as formal legal claims under employment law, but the allegations themselves aren't going away. They'll come up as evidence supporting the retaliation claims at trial.
Why does the contractor versus employee distinction matter so much here?
Title VII, the federal law that protects employees from harassment, doesn't apply to independent contractors. It's a gap in the law. The judge said if she'd been an employee, the conduct would clearly qualify as harassment.
But he seemed to think some of what Baldoni did was actually inappropriate?
Yes. The comments about her appearance, the eye-roll when told it was inappropriate, the way he disclosed her personal information to the crew—the judge flagged all of that. It just doesn't fit neatly into the sexual harassment statute.
So what happens now?
The jury will hear about these incidents when they consider whether Baldoni retaliated against her for objecting to his conduct. The allegations get their day in court, just through a different legal door.
And the counterclaims against Lively and Reynolds?
Those were already dismissed last June. So Baldoni's defamation and extortion claims are gone.