Brett Cooper — Justin Baldoni Just Won Big Against Blake Lively

All right, guys. Major update in the Blake Lively Justin Baldoni case. And in my opinion, I mean, it is just even better than any of us could have expected. It is heady, it is hysterical, and guess what? The mainstream media isn't even telling you the full story. And what's underneath the headlines and all of the feminist outrage is even better. And obviously, we knew that this would happen, but Blake and her team are actively pivoting their stories hoping that we forget the real reason why she sued him in the first place.

Now, before we dive into this story and make sure that you like this video, subscribe to the channel if you have not already. And thank you so much if you are a subscriber. And if you want to stay up-to-date on everything we're doing here on The Blake Cooper Show, make sure to ring that notification bell. All right, guys, I am so excited to get into this. I am so excited, in fact, that this is your bonus episode of the week.

You might have seen on Instagram I posted a poll and I was like, "Guys, do you like the Saturday episodes? Do you want a Friday episode instead?" And overwhelmingly, people were like, "No, move to Friday. We want a Friday episode versus the Saturday episode." So, actually, we did that for the first time this week. And then, boom! This story lands in my lap and I was like, "Well, I can't not talk about this. I also can't wait until Tuesday to talk about this."

So, you are getting fed twice this week. You are getting a Saturday and a Friday episode. Anyway, getting into it. So, in case you missed it, Blake's sexual harassment case has been effectively dismissed as the judge dismissed 10 out of her 13 claims against Justin Baldoni and his team. And these were the claims on sexual harassment, conspiracy, and defamation. Now, the three remaining claims that will go to trial are breach of contract, retaliation, and aiding and abetting in retaliation.

So, essentially now, what is happening with that is that they are just duking out everything regarding the release of the film, the premiere, and everything that transpired after the fact. Things like Blake Lively allegedly putting Justin Baldoni in the basement for his own movie premiere. Baldoni allegedly, you know, orchestrating a whole retaliation smear campaign against her. All of that stuff. But, no more sexual harassment.

Now, immediately, Justin's team put out a very nice and succinct statement. They said, "These were very, very serious allegations, and we are grateful to the court for its careful review of the facts, law, and voluminous evidence." which is such a great word, voluminous evidence that was provided. What's left is a significantly narrowed case, and we look forward to presenting our defense to the remaining claims in court.

So, that is what Justin Baldoni and his team said. But guys, our friend Blake Blake Blake and her team, they just couldn't help themselves. And rather than putting out a, you know, succinct statement like that saying, you know, we're focusing on what's ahead, we'll see you in court, or, you know, this is devastating, we are going to fight this, they decided that their best strategy was going to be rewriting history, I guess, to make us all believe that the sexual harassment stuff wasn't really the main point of this lawsuit.

And then also in this statement, as you are going to see, they also gave a very dumbed-down and slanted reason for why these claims were dismissed in the first place. So, listen to this. This is Blake speaking out. This case has always been and will remain focused, okay, on the devastating retaliation and extraordinary steps the defendants took to destroy Blake Lively's reputation because she stood up for the safety of the set, and that is the case that is going to trial.

For Blake Lively, the greatest measure of justice is that the people in the playbook behind these coordinated digital attacks have been exposed and are already being held accountable by other women they've targeted. I don't really know if that's happening. She looks forward to testifying at trial and continuing to shine a light on this vicious form of online retaliation so that it becomes easier to detect and fight.

Sexual harassment isn't going forward not because the defendants did nothing wrong, but because the court determined that Blake Lively was an independent contractor, not an employee. All right, so there's so much to unpack here. But like first of all, that first part of the statement, like all of those accusations for nothing? All of this hoopla about sexual harassment and Justin Baldoni being this creepo predator, like that wasn't the main point?

We're all just supposed to move on from this? Like I seem to remember just a few months ago one of her attorneys saying this, literally spelling out what the main point of this lawsuit was. Just watch. This case is not about those individuals. This case is about her performing her job in the workplace and being subject to sexual harassment. That's it. That's what this case is about. Does your client want this to go to trial, or are you willing to look at settlement options?

Blake Lively wants this to go to trial. [music] She She really is in a position where she's got a mountains of strong evidence. Oh, oh yeah, she has mountains of strong evidence. You're going to see how that is such a farce. But anyway, I mean, you heard it from her attorney. That is the main point of the case is the sexual harassment that she faced. She stood up for herself and the set and all women in Hollywood. We should all bow down and thank her for the amazing thing she's doing because that is the main point of the case.

But now that that has conveniently or inconveniently for them been thrown out. Oh, I actually that was that was never really the main point. So, let's just remain focused on what the real point actually is. All right, so two points here. So, either they are just switching the goal post now based on this new ruling hoping that people will forget about this or they are finally, maybe accidentally, but finally being honest and acknowledging the fact that this sexual harassment stuff wasn't ever the main point.

That was a distraction and who knows if it was ever real. Now, citizen journalist who I love on X, she posted this and she said, "Blake Lively's legal team and PR right now, pivot, pivot." Yeah, exactly. It's like it's not sexual harassment. THAT WAS NEVER THE REAL THAT WAS NEVER THE POINT. That was never the Ignore that. That was just a subplot in this narrative is essentially what they're trying to say. All right, now, on to the second point in her statement that I think we need to break down is what she said at the end that the claims were dismissed on this technicality of her being an independent contractor versus an employee.

And while that is true, that is part of the judge's order, that does not tell the full story. But, that has not stopped the smooth-brained Amber Heard Blake Lively apologists in the mainstream media from absolutely losing their minds and for usual blaming all of this on the patriarchy and things like the system. Like just read this. Because people are too effing stupid and misogynistic to understand this update, the judge threw out the sexual harassment claims.

She's still able to bring claims of retaliation because he ruled that Lively couldn't bring an SH claim under federal law since she was an independent contractor on the film. Federal anti-discrimination laws, including Title VII, do not protect non-employees. California state law does have protections for independent contractors, but the judge ruled that she cannot file a claim under California state law because the movie was filmed in New Jersey.

This is a horrifying reminder of how effed our system is. Now, another woman echoed the sentiment and said, "I know we shouldn't expect TMZ to be capable of reporting facts, but the suit itself was not dismissed. The sexual harassment claims within it were, and they were dismissed on the basis that she was an independent contractor and not an employee, which is effed." Now, thank you, ladies. Thank you, ladies, for not reading the full order.

I mean, it's so ironic this woman, Jessica, Jessica is blaming TMZ for not telling her the full story when she herself is not telling the full story. Like, Jessica, you are missing the facts. But, I mean, honestly, like who can blame them? Like, I'm sure they got their news from PopBase, who only posted the following. Like, this is what the Blake Livelys in the mainstream media are saying. "Judge dismisses Blake Lively's sexual harassment claims against Justin Baldoni, ruling that she cannot bring a sexual harassment claim under federal law because she was an independent contractor.

The judge also ruled that she cannot file a harassment claim under California law because the filming took place in New Jersey. Lively's claims of retaliation against Baldoni will proceed to trial." That is all they said. So, understandably, if you just read posts like that, you're going to think, "Okay, this was purely a technicality. This is, you know, offensive to women and survivors everywhere." But again, that is not the full story.

Because not only the judge Leeman, that is the judge in this case, not only did he dismiss those claims because of those technicalities, but he also went through every single one of her sexual harassment claims and explained why, in his mind, there was no wrongdoing or how they would not have held up in trial. So, yeah, it's not just that the system is effed, that it's set up against women and survivors, it's because technically it was ridiculous for her to file these cases anyways.

And theoretically, her lawyer should have known the rules about independent contractors. And also, because her stories and her accusations simply don't make sense. But of course, if we are thinking strategically, then maybe this was the whole point the entire time. You know, accuse Baldoni of these things, make a big splash, you don't care whether they're going to hold up in court, and then she'll claim victim status when it is dismissed, which is what she is doing.

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I am so excited. Let's go through all of the reasons why Judge Leeman says that Blake Lively's claims will not hold up in court. All right, so in regards to the uncomfortable circumcision conversation that allegedly happened between Blake and Dustin that she claimed was so uncomfortable and perverse, Judge Leeman said, "That when Lively first met with Baldoni in December of 2022 to discuss possibly participating in the film, Baldoni told Lively, who was pregnant with her first boy at the time, that he was circumcised.

Lively found the disclosure uncomfortable and unnecessary, but it occurred in the context of a discussion about the quote different medical decisions people make these days, including circumcision for male babies, a topic that Lively herself might have introduced. More importantly, it occurred before she started working on the film and therefore could not have created a hostile work environment. Any incidents giving rise to the hostile work environment claim must have occurred during the plaintiff's employment.

Now again, it is totally fine and fair to call this a technicality if you want, but that technicality is important because it was before they even started working together. They had this conversation before she signed on. She could have had that conversation if it was so weird, so hostile, so perverse, she should HAVE WALKED AWAY. BUT INSTEAD, she signed on with him and now she's backtracking and saying, "Oh, I was SO UNCOMFORTABLE."

THEN WHY DID YOU AGREE TO DO a film with him? Sorry, I'm getting I'm getting enraged already and we have so much more to cover. Now the other thing that I want to say that I think is important is that the cultural and social tone of the world should also be taken into account. Like with all of the maha crunchy moms out there, the fact that circumcision is literally on a decline in our country, probably because of how much people talk about it, it's not a taboo subject anymore, I think that that should be considered.

Like it's not weird to talk about that. And again, if you feel like it's weird, then don't work with him. Don't have the conversation, sign on to do a movie with him and then years later go, "That was actually really uncomfortable. I'm going to sue you for it." Literally guys, we have so much more to cover, but I just got on a rant anyway. Moving on now to her claims about him writing gratuitous sex scenes for her, Judge Leeman said this.

He said, "Other conduct, particularly viewed in isolation, would also not give rise to a claim for hostile work environment. Prior to principal filming, Baldoni proposed certain edits to the screenplay, including ones related to sex, that Lively believed were gratuitous. That Baldoni suggested scenes involving sexual acts in the context of developing a motion picture involving such adult themes did not create a sexually objectionable environment or an environment hostile to women or men because of sex.

It would be, quote, neither surprising nor unreasonable from a creative standpoint for both Baldoni and Lively to have drafted sexually explicit material, even if some of it were not to the taste of the other. Indeed, Gianetti, I think that is one of the producers, had written to Baldoni saying that Sony was going to, quote, try to get as much tasteful hot sex as you can. Guys, an important thing to remember here is that this is a Colleen Hoover book that they were adapting.

It is smut. Literally, it is it is smut. There is steamy hot sex in all of her books. That is what they're adapting. And Blake Lively wanted to be involved in that. And so now, again, she's backtracking, she's clutching her pearls over drafts that she read that included sex in the adaptation of a Colleen like I'm sorry, I just don't buy it and I'm so glad that Judge Leeman did not either. And also, again, like you said, differing tastes about sex scenes does not equal sexual harassment, especially when you are not some lowly employee, you're not in a position of lesser power, but you are somebody with equal power who is also rewriting the script.

You literally got producer credits. You cannot claim that this man was harassing you. Okay, anyway, moving on. Now, moving on to the infamous fat shaming claim. This one is when Blake said that Justin had asked their joint shared trainer how much she weighs to prepare for a scene where he was going to have to lift her because he has a hurt back. The gall. Apparently, that is also harassment, talking to your shared trainer about how much you weigh so he doesn't hurt himself doing his job.

Ridiculous. Anyway, the judge sided, once again, with common sense and the facts and he said, "Lively's complaints of fat shaming could also not reasonably support a claim. Shortly before work on the film began, Lively gave birth to a child. She expressed to Baldoni that she wanted to be in her best shape for filming. On or around April 23rd, 2023, before principal photography began, Baldoni asked a personal trainer that he consulted with, who was also working separately with Lively, if the trainer knew what Lively would weigh before filming began.

Baldoni's question then found its way back to Lively, who felt disturbed, disturbed quote, and unsettled that Baldoni was soliciting information about her weight. On another occasion, Baldoni introduced Lively to a specialist in probiotics, who Lively subsequently discovered also specialized in weight loss. The harassment. The harassment. Oh my god. I know all of this. We've been talking about it for a year and a half, and it still makes me laugh because of how ridiculous it is.

Anyway, Judge Lyman went on to say, "Given these statements, Baldoni's actions, even if they could be viewed as gently pushing Lively to lose weight, which is not necessarily supported by evidence, could not fairly be described as discrimination because of Lively's gender." She's just trying to do his job. The common denominator here is that he's being a relatively normal guy doing his job as a writer, as a director, doing his job, making sure that he does not injure himself in the workplace.

Like it's all very normal. Now guys, we still are not finished. There is more that Lyman had debunked. In reference to the dance scene that we've talked about before, in which she claims that Baldoni was kissing her off script, took everything too far, was like canoodling up in her neck, whatever it is. The judge concluded that there is no question that this conduct might support a hostile work environment claim if it occurred on the factory floor or in the executive suite.

But in all sexual harassment cases, the court must carefully consider the social context in which particular behavior occurs and is experienced by its target. And the question is whether in this context, Baldoni's conduct could reasonably be understood to reflect a view about Lively as a woman rather than the role she was asked to play. Under this framing, it would be difficult to view Baldoni's conduct as reflecting hostility or bias based on gender.

He was acting in the scene. Assuming he was improvising, the conduct was not so far beyond what might reasonably be expected to take place between two characters during a slow dancing scene such that the inference of hostile treatment on the basis of sex would arise. At least in isolation, the conduct was directed to Lively's character rather than to Lively herself. Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed-upon script without fear of being held liable for SEXUAL HARASSMENT.

BOOM, mic drop. Judge Leeman, you just saved Hollywood. If this was a precedent that Blake was setting, that within the confines of a script, or like Judge Leeman said, a comedy writers room, that if you can get offended by what somebody is doing within their character, like Hollywood would just implode. You couldn't safely, like legally safely, do anything because you would be walking on eggshells every single day.

You literally could not do your job as an artist. Like already we know what Me Too did to the world, it did to the industry. Imagine that like a hundredfold. That is what Blake Lively is hoping that the judge would do. And side note, maybe I am just projecting here as a, you know, former theater kid and actress, but I can just like envision the judge's tone as he is writing this. Like you are an actress, dummy. Like how he wrote that line, he was acting in the scene.

It was such a short sentence right there. He was acting scene, dummy. Like you signed on to do a romantic movie, a Colleen Hoover adaptation with steamy sex scenes, and now you're going after the guy for doing his job, for acting romantically towards the character that you agreed to play. Anyway, SORRY. HE MADE A GREAT POINT AT THE TOP THERE. Like this is not some executive coming on to a young woman in a corporate setting.

This is not even a director coming on to a girl in her trailer or off set. This was not a casting couch situation, none of that. You voluntarily agreed to play romantically linked characters with this man. And oh wow, he tried to be romantic. He tried to sell the fact that you all loved each other even though behind the scenes you were at each other's throats the entire time and you were trying to accuse him of sexual harassment.

Like he pushed through all of that and was still trying to do his job. And also Blake, let's not forget that there actually was a video released from the set where you also went off script and kissed him. Did you forget that? Let's watch. All right. Bye Emily. I'll see you later. Oh. Hi, I'm so sorry. >> Wait, wait, what are you No, I just I Is everything okay? Yeah, you just you forgot this. Wait, what? Hi. Guys, that kiss was not in the script.

That was something that in the moment Blake thought might work for their characters, might add to the intensity or the feeling IN THE SCENE. OH, NEVER MIND, HOSTILE WORK ENVIRONMENT. WOO, WOO, WOO. SOMEBODY SUE HER. AGAIN, do you see how ridiculous it is? I'm genuinely over this. Anyway, so no to all of the smooth brained feminist to pop base. It was not just a technicality like Lively. It was not a system that was designed to oppress you and other women.

And honestly, like throughout this entire process Blake has not done herself any favors, so none of us should be surprised about this ruling whatsoever. In fact, in her now infamous letter to the PGA where she was demanding producer credit on the film, because you know, she was not hired to be a writer or producer or costume designer or any of those things, even though she put herself in those roles. She was just hired to be an actress.

And so after the fact, she wrote to the PGA, she said, I did all of these things, I touched every single aspect of the film, I demand a producer credit. She cited in the letter everything she had done for the film. That letter that she was so proud of was part of her undoing. The judge literally cited the letter, included quotes from it, and said it completely undercut all of her victim claims. Because in her lawsuit, she was claiming and alleging sexual harassment under an employer-employee relationship under which she had no control, she wasn't able to do anything about it.

And the judge used this letter, this public letter, to show in her own words that was simply not the case. He writes, "There is also no genuine dispute that Lively had extensive involvement in and control over many of the decisions related to the film and her role. She does not dispute to the underlying related in her letter to the Producers Guild of America as reflected in that letter, Lively led the location shift from Boston to New Jersey.

She personally called and or wrote emails to crew and put forth names for department head roles. She reviewed and reshaped the creative of the costume design for all characters. She went through hundreds of casting tapes along with her friend Taylor Swift to find the rest of the cast. She zoomed with every cast member to get their notes and ideas. She was responsible for the firing of the first AD. She helped to stage the blocking of every scene for shooting efficiency.

She reviewed and instate a COVID protocol, she managed the politics and HR concerns. She was the director's partner in all creative and logistical concerns. The director's partner. And yet she is saying she had no power? She was just She couldn't do anything about She had no autonomy or authority on the set. Give me a break. Give me a break. The judge goes on and says not only did she reserve substantial contractual control over her participation in the film, but she exercised that control.

The court need not rely on her statement in the PGA letter that she quote produced every moment of this film to see that her role far exceed that of a traditional employee. She played a part in the hiring and firing of assistants. She negotiated for the relocation of the film to be closer to home. She rewrote the script. She conducted meetings with all department heads. She oversaw a team of editors. She played a central part in shaping the film's look and marketing and release.

She enjoyed the economic independence to walk at any moment with the only consequence being that she would potentially be in breach of contract. And she exercised that independence in negotiating the terms under which she would return to work. She also enjoyed equity in the film, ensuring that her compensation would not be based on just her own work, but also in the film's success as a whole. Sorry, I know that that was a lot of me reading, which I think maybe sometimes can get boring, but I think it's important because what Judge Leeman is saying there is that even if your sexual harassment claims had legs, which they don't, you don't have a case because you were not an employee.

As you so brilliantly laid out in your letter to the PGA bragging about how you were in charge of every single thing in the production. A Redditor was posting about this and said there is an obvious irony in writing a detailed self-promotional document arguing that you controlled everything about a film's production, and then that document becoming exhibit A in an order explaining why you don't qualify for employment protections.

You can be the most powerful person in the room, or you can be the employee that was wronged by your boss, but arguing both at the same time in the same case using the same letter is a genuinely difficult position to be in. The letter got her the producer credit. It also got her the contractor status. Both things can be true. And also what I would add is that that letter also disqualified all of her claims. So again, mic drop from Judge Leeman.

Now I think all of this goes to show yet again that this case, these claims, these allegations were more about power and maybe revenge than anything else. Like I don't know if she felt slighted when that happened, what happened, if she just wanted the movie like we've talked about before, but somewhere along the line Blake and by proxy Ryan and Taylor Swift and all of her other dragons began to conspire. We know this now thanks to texts.

They were conspiring on how they could take down Justin and take over the film and possibly more importantly take over the rest of the franchise that he has an option for, that his company has legally purchased. In the public eye through her New York Times article and through the court system, she was painting herself as the victim. While simultaneously she was telling all of her industry peers through emails and at premieres, all of those things, that she actually was in the driver's seat of this film, that it was her edit that made it out to movie theaters, that she had to take over because it was such a mess, that she was in control the entire time.

Like I'm sorry, but you can't really have it both ways, Blake. Now onto Justin Baldoni and his part in all of this. Obviously, as I'm sure you guys understand now, this is such a huge win for him, especially because thanks to this dismissal, he as an individual is no longer in the case. The remaining claims against him are against his production company, which obviously he is involved in, but the claims against him as an individual, these awful things he did, have been dismissed.

But I think that possibly, maybe later down the line, this might open up the door for him to reopen his case against her, which brings me to this comment. This girl said, "Like I said before, it has nothing to do with the fact that Blake Lively couldn't prove her claims of sexual harassment." Then she talks about the technicalities that we've already debunked multiple times. And she goes on and she says, "The trial is still set to go in May, unlike Justin Baldoni's counter suit, which was tossed due to having no evidence to support his claims.

Blake Lively's sexual harassment claims were dismissed because of a technicality." Like Kiki, Kiki, how can you be so wrong about so many things? I don't need to repeat myself considering that we have already debunked everything you're saying here, but I do think we should address that last sentence. Because if you guys remember, shortly after Blake filed her lawsuit, Justin filed a counter suit. It was a 400 million defamation counter suit against Blake Lively and the New York Times.

But back in June, I think of last year, that case was thrown out. It was dismissed. And his haters, like this woman online, said that it was because there was no evidence. He couldn't accuse her of defamation because everything she said was true. He had no evidence, so therefore, Queen Blake Lively, believe all women. But actually, and we talked about this last year, his case was thrown out because he was alleging defamation for things that she said that were, quote, legally privileged.

They were part of a case against him that was running congruently, and she was shielded from liability because it was part of that lawsuit. You can't sue somebody for defamation if those things are said in a privileged lawsuit, if they are part of another case. And that is probably a super dumb way to explain it. I'm sure that somebody in the comments will have a more thought out and concise way to put it, but hopefully you guys get the point.

It was that, plus there is also a California law that prohibits survivors from being sued by the people that they are accusing, so that was also in play. But in my opinion, maybe sort of like what Blake Lively was doing, he and his lawyers knew all of this, and this was simply another PR play. He just wanted to be on the record fighting back in a massive way, a $400 million way, and clearly, in my opinion, this helped him win the PR war.

He said, "I am willing to go to battle to say that this this is defamatory, that I did not do any of this, that you know I didn't do any of this, and you were just trying to, you know, pull one over on me." And so, at the end of the day, he didn't care if that case got dismissed. I think further evidence of that is that the judge said that he could refile that case if he adjusted some of the claims and redid it. I think that deadline was in October, and they just let it slide, so that case was fully dismissed.

Like, so again, I don't think he really cared about the defamation, he just wanted to be on record again, fighting back. So, now, all of that being said, you are officially up-to-date, and we will see what happens next. The trial is still set for May. I would love to be in the room where it happens. Blake, Justin, anybody from your teams, if you want to invite me to be there, I will happily do so. I will do it for the people, for America.

Do not worry, send me an invitation, I will hop on a flight to see how this plays out. And what we have to look forward to is Blake still suing Justin for retaliating against her, which, I mean, we know, through all of the emails and the texts, that he did hire a PR firm to help save his own reputation when she was throwing him under the bus, throwing him literally into the basement. That is a fact. We all know this.

I don't think people are very angry about it, so we will see if the judge calls that a crime. That is what is up next.