Actress Blake Lively is seeking attorney fees and damages from director Justin Baldoni following the settlement of a defamation lawsuit [1].
The move highlights the legal complexities of California's anti-SLAPP statutes, which are designed to protect individuals from retaliatory lawsuits intended to silence accusers of sexual misconduct [1], [3].
According to a report from Reuters dated May 7, 2024 [2], Lively's attorney, Sigrid McCawley, filed a request for fees after a defamation claim originally totaling $400 million [1] was dismissed. The filing indicates that while a secret settlement was reached between the two parties, the financial dispute regarding legal costs remains unresolved [2].
Lively's team is utilizing the Strategic Lawsuit Against Public Participation (SLAPP) laws to recoup expenses. These laws allow defendants to seek attorney fees when a lawsuit is deemed to have been filed primarily to chill the exercise of free speech, or to retaliate against those reporting misconduct [1], [3].
There is a conflict in how the resolution of the initial suit is characterized. Some reports described the settlement as a "resounding victory" for Lively [4], though Baldoni's legal representation said that description was incorrect [5].
While some sources suggested both sides agreed not to contest a judge's ruling on the matter [4], other reports state the dispute has not ended because Lively continues to pursue the fees [2]. The legal proceedings are taking place within California courts [2].
“Lively is filing a request for attorney fees and other damages from Baldoni after their secret settlement.”
This legal maneuver demonstrates the potency of California's anti-SLAPP laws in high-profile disputes. By shifting the financial burden of legal fees to the plaintiff, the law aims to discourage the use of defamation suits as a tool for intimidation. The ongoing fight over fees suggests that even after a formal settlement, the strategic use of these statutes can keep parties in litigation to determine who ultimately pays for the defense.
