Overview
- Lewis J. Liman, the federal judge on the case, denied Lively’s request for additional briefs on Monday before he rules on whether she can recover attorneys’ fees and damages tied to Baldoni’s dismissed $400 million countersuit.
- Lively seeks relief under California Civil Code Section 47.1, a 2023 law that lets people who report sexual harassment recover legal fees and possibly triple and punitive damages when faced with retaliatory defamation suits.
- The underlying lawsuit settled last week with both sides waiving appeals, and multiple outlets report no money changed hands, which makes the fees-and-damages ruling the final unresolved issue.
- Baldoni’s lawyers argue the California statute does not apply because key events occurred in New Jersey and say a fee award would burden his constitutional right to bring claims to court.
- The forthcoming decision could guide early use of the new law and close an 18-month fight that included the June 2025 dismissal of Baldoni’s countersuit and the spring 2026 narrowing of most of Lively’s claims.