ARTICLE
14 August 2025

It Ends With A Lawsuit Part II: Court Dismisses Justin Baldoni's $400 Million Defamation Claim

FL
Senn Fortis

Contributor

Senn Fortis helps businesses tackle their most complex legal challenges with clarity and confidence. The firm combines sophisticated legal expertise with personal service and practical, business-minded solutions. Senn Fortis acts as a trusted strategic partner to businesses of all sizes, from fast-growing startups to Fortune 100 companies, across various industries, ensuring each client achieves its objectives. The firm and its attorneys have been recognized with numerous local and national awards and honors for their skill in providing high-caliber, trusted legal counsel across the practice areas of alternative dispute resolution, construction, corporate, employment, litigation and real estate law. For more information, visit SennFortis.com.

I frequently hear defendants express a desire to sue plaintiffs for defamation due to the allegations made against them in a lawsuit.
United States Litigation, Mediation & Arbitration
Elizabeth Hartsel’s articles from Senn Fortis are most popular:
  • within Litigation and Mediation & Arbitration topic(s)
  • in United States
Senn Fortis are most popular:
  • within Litigation, Mediation & Arbitration and Employment and HR topic(s)
  • with Senior Company Executives and HR
  • with readers working within the Insurance industries

I frequently hear defendants express a desire to sue plaintiffs for defamation due to the allegations made against them in a lawsuit. At first glance, this seems reasonable: when a plaintiff makes false statements, a defendant's reputation can suffer, which is exactly what a defamation claim aims to address.

However, the recent decision in the Blake Lively/Justin Baldoni case illustrates that such claims are not actionable. The court dismissed Justin Baldoni's $400 million lawsuit against Blake Lively, Ryan Reynolds, and the New York Times. This dismissal included the "Wayfarer Parties'" defamation claim, which alleged that Lively, Reynolds, and the New York Times spread a false narrative accusing Baldoni of sexual misconduct toward Lively and that the Wayfarer Parties engaged in a smear campaign to damage her reputation.

The defamation claim against Lively contained fundamental weaknesses because it relied entirely on allegations Lively made in her complaint to the California Civil Rights Department. The "litigation privilege" shields such allegations absolutely, regardless of their truth or falsity.

This privilege serves to encourage unfettered court access for litigants and attorneys. It ensures that parties, their counsel, and witnesses can approach the courts without fear of subsequent harassment through derivative tort actions. The protection extends beyond defamation to cover other torts, like tortious interference with contract, provided the harm flows from the allegedly defamatory statement.

Key Takeaway: Defendants should exercise caution before asserting claims against plaintiffs based solely on the contents of a complaint. Losing such claims during motion practice may result in paying the other side's attorneys' fees.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More