[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.]
Ms. Blake Lively’s lawsuit against the “Wayfarer Defendants,” including Mr. Justin Baldoni, presents very serious, complex, and novel, discovery and substantive issues.
In the court’s words: “This case stems from Lively’s claims of sexual harassment that she was allegedly subjected to during production of the Film [It Ends With Us], and from an alleged smear campaign launched by the defendants after filming in retaliation for her claims of sexual harassment.” Lively v. Wayfarer Studios LLC, 2025 WL 2606904, at *1 (S.D.N.Y. Sept. 9, 2025). “Lively alleged claims of sexual harassment, retaliation, breach of contract, and intentional and negligent infliction of emotional distress.” Id.
There is a lot at stake. Gene Maddus, Blake Lively Claims $161 Million in Damages Due to ‘It Ends With Us’ Smear Campaign (Nov. 6, 2025). “Lively’s attorneys allege she has lost at least $56.2 million in past and future earnings from acting, producing, speaking engagements and endorsements. They also allege that her beauty brand, Blake Brown, has lost $49 million, and her beverage company, Betty Buzz/Betty Booze, has lost $22 million due to the harm to her image.”
I have written ten blogs on discovery issues presented by the litigation. “Birth Video” Discovery Dispute in Lively v. Wayfarer Studios/Baldoni – EDRM (Nov. 20, 2025).
Westlaw lists the following decisions in the case:
1.Lively v. Wayfarer Studios LLC
2025 WL 2606904, S.D.N.Y., Sep. 09, 2025
2.Lively v. Wayfarer Studios LLC
2025 WL 662896, S.D.N.Y., Feb. 28, 2025
3.Lively v. Wayfarer Studios LLC
2025 WL 698287, S.D.N.Y., Mar. 04, 2025
4.Lively v. Wayfarer Studios LLC
2025 WL 815364, S.D.N.Y., Mar. 13, 2025
5.Lively v. Wayfarer Studios LLC
2025 WL 1397047, S.D.N.Y., May 14, 2025
6.Lively v. Wayfarer Studios LLC
2025 WL 1410702, S.D.N.Y., May 15, 2025
7.Lively v. Wayfarer Studios LLC
2025 WL 1591282, S.D.N.Y., June 05, 2025
8.Lively v. Wayfarer Studios LLC
2025 WL 1640388, S.D.N.Y., June 09, 2025
9.Lively v. Wayfarer Studios LLC
786 F.Supp.3d 695, S.D.N.Y., June 09, 2025
10.Lively v. Wayfarer Studios LLC
2025 WL 1644522, S.D.N.Y., June 10, 2025
Reconsideration Denied
11.Lively v. Wayfarer Studios LLC
2025 WL 2004286, S.D.N.Y., July 16, 2025
12.Lively v. Wayfarer Studios LLC
2025 WL 1644532, S.D.N.Y., June 10, 2025
13.Lively v. Wayfarer Studios LLC
2025 WL 1707582, S.D.N.Y., June 18, 2025
14.Lively v. Wayfarer Studios LLC
2025 WL 1709956, S.D.N.Y., June 18, 2025
15.Lively v. Wayfarer Studios LLC
2025 WL 1866823, S.D.N.Y., July 07, 2025
16.Lively v. Wayfarer Studios LLC
2025 WL 1952027, S.D.N.Y., July 16, 2025
17.Lively v. Wayfarer Studios LLC
2025 WL 1999355, S.D.N.Y., July 17, 2025
18.Lively v. Wayfarer Studios LLC
2025 WL 2106288, S.D.N.Y., July 28, 2025
19.Lively v. Wayfarer Studios LLC
2025 WL 2106967, S.D.N.Y., July 28, 2025
20.Lively v. Wayfarer Studios LLC
2025 WL 2298247, S.D.N.Y., Aug. 08, 2025
21.Lively v. Wayfarer Studios LLC
2025 WL 2351013, S.D.N.Y., Aug. 13, 2025
22.Lively v. Wayfarer Studios LLC
2025 WL 2394705, S.D.N.Y., Aug. 18, 2025
23.Lively v. Wayfarer Studios LLC
2025 WL 2463633, S.D.N.Y., Aug. 27, 2025
24.Lively v. Wayfarer Studios LLC
2025 WL 2485438, S.D.N.Y., Aug. 28, 2025
25.Lively v. Wayfarer Studios LLC
2025 WL 2496307, S.D.N.Y., Aug. 29, 2025
26.Lively v. Wayfarer Studios LLC
2025 WL 2841212, S.D.N.Y., Oct. 06, 2025
27.Lively v. Wayfarer Studios LLC
2025 WL 2884407, S.D.N.Y., Oct. 09, 2025
28.Wayfarer Studios LLC v. Lively
2025 WL 2959006, S.D.N.Y., Oct. 17, 2025
29. Lively v. Wayfarer Studios, LLC.
2025 WL 3085598, S.D.N.Y., Nov. 05, 2025.
Obviously, I believe in due process and every person has a right to full and fair adjudication of their claims. The allegations – and denials – present an important dispute. Nothing I suggest here is, or is intended to be, critical of the court, litigants, or their counsel.
Instead, complex and sensitive issues have been well presented and promptly and thoroughly addressed. In fact, the Judge is doing precisely what the December 2015 amendments to Fed.R.Civ.P. 1 directed. The Rules “should be construed, administered, and employed by the court….” [emphasis added].
Federal Judges manage what I would consider to be a crushing caseload. The Southern District of New York has many important cases. E.g., State v. Noem, No. 1:25-cv-08106 (Oct. 16, 2025)(“The State of New York here sues to compel the federal government to give the MTA the nearly $34 million grant the federal government already had targeted for the MTA.”); In re Acetaminophen – ASD-ADHD Products Liability Litigation, 1:22md3043 (DLC)(MDL with 367 personal injury cases); Am. Ass’n of Univ. Professors v. United States Dep’t of Justice, 2025 WL 1684817 (S.D.N.Y. June 16, 2025).
For the 12-month period ending June 30, 2025, the Southern District of New York had 28 judgeships. stfj_x1a_630.2025.xlsx. There were 430 unweighted1 filings per judgeship, of which 378 were civil and 25 were criminal. During the same time frame, the median time to trial was 34.2 months. stfj_t3_630.2025.xlsx
Many years ago, I clerked for a federal judge. A pro se litigant came to the Clerk’s office to complain that their cases – numbering over a dozen – were not being decided. I explained that the Judge had hundreds of cases. The litigant thought for a moment, and responded: “Yes, but mine are the important ones.”
A pro se litigant came to the Clerk’s office to complain that their cases – numbering over a dozen – were not being decided. I explained that the Judge had hundreds of cases. The litigant thought for a moment, and responded: “Yes, but mine are the important ones.”
Michael Berman, E-Discovery LLC.
How much attention does a big case deserve? Between February 28th and November 5th, roughly eight months, there were 29 opinions issued in Lively.
I don’t have an answer. Closer to my home, according to the most recent District of Maryland 2021 Annual Report, the weighted case filing per judgeship was 405 cases. I have never handled 405 cases at one time in my entire career.
“Judges work tirelessly every day to meet growing demands and resolve cases as quickly as possible, but with the volume we have and the shortage of judges we have, it just makes it a very difficult proposition,” said Judge Timothy Corrigan, of the Middle District of Florida, whose court is in desperate need of additional Article III judges.
“The saying, ‘justice delayed is justice denied’ rings true here,’” he said.
Case backlogs affect more than just the litigants. For example, case delays can force businesses to halt production lines and leave employees out of work indefinitely. Federal district court rulings often have a significant impact on communities, businesses, and local economies.
The Need for Additional Judgeships: Litigants Suffer When Cases Linger (U.S. Courts Nov. 18, 2024). Chief Judge Randy Crane, of the Southern District of Texas, said: “Our current caseload is crushing.” Id.
In FY 2021, 3,450 civil cases and 413 criminal cases were filed in the District of Maryland. Why Does it Take So Long to Get a Judicial Decision? (Feb. 9, 2025).
While my guess is that none of them involve a $161 million claim, none could not possibly demand the amount of attention devoted to Lively. However, in each of those cases, the litigants feel: “Yes, but mine are the important ones.”
Notes
- Generally, unweighted filings do not consider the complexity of cases. ↩︎
Assisted by GAI and LLM Technologies per EDRM GAI and LLM Policy.
