#LivelyvWayfarer More on the Fee Award and Other Matters
Some Lively supporters have pointed out Wayfarer being ordered to pay a total of about $407,000 is still a "win" for Lively. Indeed, $407,000 is still a decent amount even if it is only 5% of what Lively requested.
Will this award be impactful? Not really. The award was against the company Wayfarer and not against Baldoni or other individuals. It is very likely that the company has insurance coverage that would satisfy this judgment. This award (under Sec 47.1) was not premised on a finding that Wayfarer committed an intentional tort. As such, I don't see an insurance company denying coverage.
Other Possible Avenues of Recovery. The case of Jones v. Abel, et al is still proceeding in SDNY. In that case, Wayfarer and Baldoni have two viable causes of action against Stephanie Jones and her company: 1. Breach of the Implied Covenant of Good Faith and Fair Dealing and 2. defamation. These 2 claims have already survived a motion to dismiss. Imho, Wayfarer has a good chance of prevailing on the breach of implied contract claim if the case goes to trial. It may turn out that Wayfarer may recover more than $407, 000 plus attorney's fees from Jones and her company.
More PR Nightmare? Lively may not be out of the woods yet in terms of bad PR. If the Jones case goes to trial, I would imagine that Lively would be one of the witnesses. She would be questioned extensively about the Vanzan subpoena, possible incorrect statements under oath, etc. Won't be pretty. Even if she doesn't testify, Lively's conduct would be explored fully at trial.
Mind Your Business! Because Ms. Jones refused to mind her business, she is now embroiled in this lawsuit that may cost her a lot of money. According to Lively's deposition testimony, Jones approached Lively's publicist about Abel's phone infor and text messages, but the publicist brushed her off. This should've been the end of it. Jones didn't give up, however. She continued to reach out to people in Lively's circle to convey the contents of the text messages regarding her former client. Finally, Lively's team devised a "legal" vehicle to obtain the messages. Had Ms. Jones minded her business, she would've been free and clear right now. There wouldn't have been the Lively v. Wayfarer lawsuit to begin with. Let's see how the Jones case unfolds.
Postscript on Section 47.1 fees Motion. I applauded Judge Liman for awarding Lively only about 5% of what she requested. However, I still think that the judge was wrong in determining that Lively was entitled to the fees in the first place. Lively's case was not even within the vaguest contemplation of Sec 47.1. She filed a CRD complaint in California for conduct that allegedly occurred in New Jersey. Sec 47.1 deals with conduct occurring in California in violation of California law. The judge used tortured logic to say that the alleged smear campaign occurred in California.
It was unwise for the judge to delve into the interpretation of Sec 47.1 as a matter of first impression in a circumstance that was not contemplated by the statute: This was not an employer-employee relationship; the alleged smear campaign occurred after the contract had ended; and there is no evidence that a reason for the alleged smear campaign was retaliation for Lively's activities in California.
@maisonface@M0S01984@zonequal The sexual harassment claims were dismissed by the judge. The fact that there was a countersuit doesn’t prove the original claims. If anything, it shows he fought them.
@maisonface@M0S01984@zonequal A counter-suit exists because Baldoni denied the allegations and said she was trying to take control of the movie / damage his reputation. That’s literally how lawsuits work — one side sues, the other side responds.
@elio_ourania Blake lively didn't prove a smear campaign even happened against her. Without actual evidence or proof, you’re just speculating and making assumptions. An allegation or interpretation isn’t proof.
@cidkuzi@M0S01984@manonsfinsta Without actual evidence or proof, you’re just speculating and making assumptions. An allegation or interpretation isn’t proof.
@jarpad You shouldn’t have to apologize or feel bad for that post. It showed what a great person you are. I’m sorry that people took their hate for another person out on you.