Blake Lively and Justin Baldoni ( Image Press Agency/NurPhoto/Shutterstock ; Araya Doheny/Variety via Jack Smart/People)
(The Post News)- Hollywood actress Blake Lively has moved to drop emotional distress claims without prejudice in high profile lawsuit against director Justin Baldoni, after Baldoni’s legal team demanded access to her private medical and psychiatric records.
According to Variety Monday, June 2, Lively’s team moved to withdraw her claims of “intentional infliction of emotional distress” and “negligent infliction of emotional distress“. This came after Baldoni’s team sought to have the actress sign a HIPAA release for access to therapy notes and other relevant information.
In an effort to defend Baldoni, his legal team is seeking evidence to challenge Blake Lively’s claim that she suffered “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish.”, as she originally filed in federal court. The court filing explains that by placing her physical and mental condition at issue in the lawsuit, “Ms. Lively has waived any doctor-patient privilege,” allowing Baldoni’s team to request access to her medical and psychiatric records.
The filing further explains that “instead of complying” with these requests, Lively opted to withdraw her emotional distress claims “without prejudice.” However, Baldoni’s attorney Kevin Fritz, argues that if Lively is to drop the claims she is to do so with with prejudice to ensure these claims will not be re-filed. The addressed to Judge Liman in U.S. District Court Southern District of New York states “Ms. Lively cannot have it both ways”. Rather “If Ms. Lively is unwilling to stipulate to the dismissal of her IED Claims with prejudice, then the Wayfarer Parties will continue to defend against them, and she must produce her medical information and documents as set forth herein.”
In response, Lively’s attorneys, Esra Hudson and Mike Gottlieb, told Us Weekly that the move is “a routine part of the litigation process that is being used as a press stunt.” They further explained that her legal team is “preparing [the] case for trial by streamlining and focusing it,” while accusing Baldoni’s side of “desperately seeking another tired round of tabloid coverage.”
They emphasized that while the standalone emotional distress claims have been withdrawn, Lively continues to allege emotional harm as part of her remaining claims, including sexual harassment and retaliation. “The Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive new damages claims under California law,” the statement continues, “rendering certain of Ms. Lively’s original claims no longer necessary.”
The withdrawn claims are part of a larger federal lawsuit originally filed in December 2024 in the Southern District of New York, during the release of the film It Ends With Us, which starred Lively and was directed by Baldoni. In the suit, Lively accuses Baldoni and his company, Wayfarer Studios, of sexual harassment, creating a hostile work environment, retaliation, and defamation following what she describes as inappropriate behavior and professional sabotage during and after the film’s production. Baldoni, countersued in a civil lawsuit Lively and her husband Ryan Reynolds for $400 million, claiming that the pair tried to extort him and subsequently defamed him.
The withdrawn claims were part of a larger federal lawsuit originally filed in December 2024 in the Southern District of New York, coinciding with the release of It Ends With Us, a film starring Blake Lively and directed by Justin Baldoni. In the suit, Lively accuses Baldoni and his production company, Wayfarer Studios, of sexual harassment, fostering a hostile work environment, retaliation, and defamation. In response, Baldoni filed a $400 million countersuit against Lively and her husband, actor Ryan Reynolds, alleging extortion and defamation.
The preparation for the high-profile trial continues as it is set to begin on May 9, 2026.
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