Blake Lively‘s lawyers are demanding to exclude the testimony of a journalist whose 2016 interview with the actress went viral before their client heads to trial against It Ends With Us costar Justin Baldoni.
Lively’s legal team claims entertainment reporter Kjersti Flaa’s “sole connection to this litigation” is posting the interview “one day after” It Ends With Us hit theatres on August 9, 2024, according to a new motion filed on April 11. People was first to report the news.
Fans called out Lively, 38, for being a “mean girl” after Flaa, 53, released a YouTube video on August 10, 2024, titled: “The Blake Lively interview that made me want to quit my job.” In the clip, Lively — alongside Parker Posey — fired back with what some perceived to be a snarky remark after Flaa congratulated Lively on her “little bump.” (Lively was pregnant with daughter Inez at the time.)
Lively replied with a smile, “Congrats on your little bump.” The tension was tangible when Flaa went on to inquire about the film’s costumes.
“Everyone wants to talk about the clothes, but I wonder if they would ask the men about the clothes,” Lively said. “It’s not just the women that have the clothes, but I feel like the women get the conversation.”
Lively’s legal team noted they don’t believe Flaa was part of the alleged smear campaign she accuses Baldoni, 42, of allegedly orchestrating.
“For purposes of trial,” Lively “need only prove…that Defendants amplified and bolstered the video to make it go viral,” according to the court docs.
Furthermore, they stated Flaa “can offer no insight into how or why the little bump video went viral,” noting that testimony regarding that topic “would be pure speculation.”
They alleged that Baldoni’s team has been dragging up “unflattering conduct…from years past” as a way to unfairly persuade the jury.
The team representing Wayfarer Studios, which Baldoni cofounded, argued otherwise.
Wayfarer alleged that Flaa’s interview clearly demonstrates she built up a reputation as a “tone-deaf, mean girl” due to her own conduct.
They said the reporter’s comments on the stand would be “highly relevant,” adding that her legal team’s attempt to limit the scope of what could be brought to trial from the interview is merely a “Hail Mary.”
Wayfarer said it supports their claims that Baldoni’s side “was not involved in spreading or encouraging the ‘little bump’ story that contributed to [her] negative reputation.”
This development comes after 10 of Lively’s 13 claims were dismissed by U.S. District Judge Lewis J. Liman on April 2, including sexual harassment, defamation and conspiracy.
Judge Liman, however, allowed three claims to proceed to trial, including claims of breach of contract, retaliation and aiding and abetting in retaliation. Baldoni has repeatedly denied wrongdoing.
A final pretrial hearing will take place later this month on April 28.
The trial is slated for May 18 in New York City.
