NEED TO KNOW

• Blake Lively’s lawyers argue the case should proceed based on evidence gathered, not just the written complaint
• A recent federal appeals court ruling supports Lively’s position to keep her lawsuit against Justin Baldoni alive
• Both actors are expected to testify if the trial, currently scheduled for May 18, moves forward

Blake Lively is urging a judge to reject Justin Baldoni’s latest effort to dismiss her claims as their legal battle over It Ends With Us continues to move toward trial.

In a letter filed Thursday to Judge Lewis J. Liman in the U.S. District Court for the Southern District of New York, Lively’s lawyers pointed to a recent federal appeals court ruling they say supports keeping her lawsuit alive.

The decision, issued earlier this week by the U.S. Court of Appeals for the Second Circuit, said courts should not dismiss a case based only on the wording of a complaint if evidence has already been gathered during the lawsuit.

Quoting the ruling, Lively’s, 38, attorneys wrote that dismissing a complaint at that stage “would hardly serve the efficient or just resolution of disputes” if evidence collected during the case may be enough to support the claims.

Lively’s legal team argues the same principle applies in her case. They say the court should evaluate the claims based on the evidence already gathered through discovery — including documents and testimony — rather than focusing only on the written allegations in the complaint.

Baldoni, 42, and other defendants have asked the judge to throw out Lively’s claims through a series of legal motions, including a request for summary judgment — a step that asks the court to decide the case based on the evidence already gathered rather than sending it to trial.

But Lively’s lawyers argue the case should move forward and be evaluated using the full record of evidence developed during the lawsuit.

PEOPLE has reached out to both Baldoni and Lively’s representatives.

The filing is the latest development in the ongoing legal dispute between Lively and Baldoni tied to their work on the film It Ends With Us.

In December 2024, Lively, 38, sued her It Ends With Us director and costar Baldoni along with other defendants, alleging sexual harassment and retaliation — claims he has denied. The actress is seeking more than $160 million in damages.

Baldoni previously filed a $400 million countersuit accusing Lively of extortion and defamation, but that case was later dismissed by the judge.

The update comes weeks after the It Ends With Us costars attended a court-ordered mediation session in New York. On Feb. 11, Lively and Baldoni spent about six hours with Magistrate Judge Sarah L. Cave as part of a required settlement meeting, but the session ended without an agreement in Lively’s sexual harassment lawsuit against the director and actor.

ทั้งนักแสดงทั้งสองคาดว่าจะให้การหากคดีเข้าสู่การพิจารณา ซึ่ง คาดว่าจะเริ่มต้นเมื่อวันที่ 18 พฤษภาคม.

ผู้พิพากษา Liman ยังไม่ได้ตัดสินคำร้องขอของจำเลยในการยกฟ้อง

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