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LivelyBaldoni Case Settles, but Lively Now Seeks Fees and Damages Under California Anti‑Retaliation Law

The remaining dispute tests a California statute that lets people hit with retaliatory defamation suits recover legal costs and enhanced damages.

Overview

  • The judge overseeing the case, who approved the settlement Thursday, closed the broader lawsuit and left one fees-and-damages issue for decision.
  • Lively filed to recover attorneys’ fees, treble compensatory damages, and punitive damages under California Civil Code Section 47.1, arguing Baldoni’s dismissed $400 million countersuit was retaliatory.
  • Judge Lewis J. Liman earlier tossed 10 of Lively’s 13 claims and removed Baldoni as a defendant, while separately dismissing his $400 million defamation countersuit last year.
  • Both sides declared victory after the settlement, and multiple outlets reported that no money changed hands, with the parties waiving any right to appeal.
  • Section 47.1, enacted after #MeToo reforms, can shift costs and impose extra penalties when courts find a defamation case was used to punish someone for reporting harassment, which could leave Baldoni and Wayfarer facing financial exposure if Lively prevails.