Blake Lively can seek legal fees against Justin Baldoni in defamation case but no damages, judge rules
Actress Blake Lively is pictured March 7, 2026, in Wrexham, Wales, in Great Britain in the United Kingdom. (Photo by Carl Recine/Getty Images)
Actress Blake Lively can recover legal fees from actor Justin Baldoni, but a New York federal judge found an issue of first impression that bars her from recovering treble and punitive damages under a new state law.
Last year, U.S. District Judge Lewis Liman of the Southern District of New York dismissed Baldoni’s defamation lawsuit in response to Lively’s claims of alleged on-set sexual harassment during the filming of the 2024 movie It Ends With Us, and that Baldoni, who was the film’s co-star and director, was the architect of a retaliatory public smear campaign against her.
According coverage by Law360, Liman ruled that Lively’s decision to share her California Civil Rights Department complaint with the New York Times was protected under fair report privilege in the state.
Lively’s motion seeking fees cited California’s Section 47.1, which shields communications pertaining to assault or harassment claims made without malice. Liman stated that Federal Rule of Civil Procedure 54 discusses only categories of costs and does not make provision for damages.
“Because treble and punitive damages are neither ‘costs’ nor ‘attorneys’ fees’ under Rule 54(d), Lively cannot seek them pursuant to the procedures outlined in that provision,” Liman said.
See also:
Blake Lively seeks damages, legal fees from Justin Baldoni
It Hasn’t Ended With Them: Blake Lively, Justin Baldoni lawsuit not fully settled
It Ends With Them: Blake Lively, Justin Baldoni lawsuit reaches settlement
Blake Lively’s sexual harassment claims against Justin Baldoni face legal setback
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