Justin Baldoni claims Blake Lively should accept his nuzzling in dance scene as she knew she had signed on to ‘hot and sexy’ movie

Justin Baldoni’s lawyers told the court that Blake Lively could not have been sexually harassed on the set of It Ends With Us because the movie was a ‘hot and sexy’ movie.

It has been claimed that the actress’s claims about Baldoni, the co-star and director of It Ends with Us, should be rejected because there is a ‘hot and turbulent romance at the heart of the film’.

Baldoni’s lawyers described his allegations as ‘trivial complaints’ and ‘minor blemishes’ that do not meet legal standards.

They brought up HBO’s raunchy show Heated Rivalry and argued that if one of the two male leads ‘aggressively kisses the other’ it wouldn’t be discrimination.

The allegations were made Thursday in federal court in New York after Baldoni asked that Lively’s allegations be dismissed before a hearing in May.

Lively claims she lost at least $161 million in lost earnings and damages after Baldoni harassed her and launched a smear campaign against her on social media ahead of the film’s summer 2024 release.

The allegations were filed in federal court in New York after Baldoni asked for Blake Lively’s claims to be dismissed ahead of a hearing scheduled for May.

In the film, Lively played Lily Bloom, a florist who becomes involved with neurosurgeon Ryle Kincaid, who becomes abusive and violent, played by Baldoni.

Judge Lewis Liman, who oversaw the case, had already dismissed Baldoni’s $400 million defamation lawsuit.

He did not rule on Baldoni’s request for dismissal and said he would do so later.

During the three-hour hearing, Liman had tough questions for both sides and was at times skeptical of both sides’ arguments.

Baldoni’s lawyer Jonathan Bach told the court: ‘This is a case about the production of a film with highly romantic and sexual themes.

‘In this context, the actors took this path knowing that they would portray the characters in intimate, emotional and sometimes even abusive situations.

Lively claims she lost at least $161 million in lost earnings and damages after Baldoni allegedly harassed her and launched a smear campaign against her on social media when the movie It Ends With Us is released in the summer of 2024

Baldoni’s lawyers argued that Lively signed on to the film knowing that it would be directed by her and that they would portray a “hot and turbulent romance.” The judge argued that even if this were the case, Baldoni could not touch the player ‘at will’.

‘In this regard, the primary source material, including the book on which the film is based, called for hot and sexy scenes.

‘Miss Lively signed the deal knowing that she would be directed by Mr. Baldoni and would work side by side with him to portray the fiery and tumultuous romance at the heart of the film.’

Judge Liman said that because the film was of a “sexual nature” it would not be possible for Baldoni to touch Lively “where he wanted”.

Bach said no, arguing that ‘context matters’ and that Lively had to show that discrimination against women was ‘pervasive’.

When Bach tried to argue that the allegations were ‘small potatoes’, the judge intervened and said: ‘A lot of little things added up can create something big.’

Bach replied: ‘What is not actionable is trivial complaints or minor faults’ and added that ‘it is very dangerous for the court to draw limits on what is permissible’.’

But the judge brought up the infamous dance scene to Lively’s legal team, which was exclusively obtained by the Daily Mail in 2025 and cited as an allegation of harassment by Lively.

Liman also had tough questions for Lively’s lawyer, Esra Hudson, on the same subject.

Hudson said there were four incidents of sexual harassment against Lively.

These include: Baldoni kissing and “probing” her during an unscripted moment during a dance scene, producer Jamey Health allegedly coming into her trailer while she was partially naked, Heath showing him a video of his naked wife giving birth, and having only a small piece of cloth covering her private parts during the birthing scene.

The port focused on the dance scene.

The judge, whose brother Doug Liman is a Hollywood director who has helmed major films such as The Bourne Identity, said: ‘Does a director have the ability to improvise based on what the actors are doing in such an environment?

‘Shall we go a little beyond the script? Or does deviation from any scenario involving physical contact lead to a claim?’

The dance scene incident, one of four incidents of harassment in which Baldoni allegedly touched Lively’s neck, prompted the judge to note that if his team’s non-consensual argument was accepted, it could mean any director could have to face a jury over a sexual scene.

Lively’s lawyer, Esra Hudson, said the actors could ‘improvise with consent’ but argued there was no consent on stage, but the judge was not convinced, saying it was difficult to understand how this could constitute ‘sexual harassment’.

Hudson said actors can ‘improvise with consent’. He said: ‘That’s the problem here. There was no consent.”

Liman was unconvinced and said: ‘Your suggestion seems to lead to the decision of all directors being decided by a jury, and that cannot be right.’

The judge asked if Baldoni told Lively to “look sexy, look hot” which would not have been “fair game for the director.”

Hudson said: ‘If it was about character, yes, and if that was the issue, we wouldn’t be here.’

‘It was difficult for me to understand how this could constitute sexual harassment,’ Liman said.

He said: ‘The two are working on a script, proposing more graphic scenes. “It’s part of the creative process.”

Judge Lewis Liman rejected Baldoni’s motion to dismiss and said he would do so later

Baldoni’s team pointed to HBO’s hit show Heated Rivalry, which contained numerous gay sex scenes, and asked whether if a male actor kissed another “aggressively” that would constitute a federal lawsuit based on sex or discrimination.

Bach then brought up Heated Rivalry, which stars Hudson Williams and Connor Storrie as rival ice hockey players who engage in a lustful relationship and has numerous sex scenes.

Bach said: ‘Let’s say one of these guys kissed the other guy a little bit aggressively during a scene. Is this because of their gender?

‘Is this discrimination? That’s the question here. Ms. Hudson says this is sexual harassment in itself. ‘Courts say there should be a gender basis.’

In disbelief, Bach ‘asked if it would be a federal case if someone leaned forward, someone sniffled.’

Other issues the judge discussed were whether Lively should be considered an independent contractor and whether Baldoni’s attorneys would face sanctions for allegedly failing to preserve evidence, particularly missing text messages.

Then he will rule them all.

The hearing came days after hundreds of text messages in the case were revealed, including negative conversations between Lively and Taylor Swift about Baldoni.

Speaking outside court, Lively’s lawyer Sigrid McCawley said the case would go to trial because there was a “mountain of evidence” against Baldoni.

She said: ‘There were a number of women who expressed concerns about this workplace.

‘Mr Baldoni was free to talk about orgasm at work, he was free to talk about having sex with women without their consent.’

He said there was a mountain of evidence to prove Lively’s claim.

McCawley added: ‘Blake Lively wants this to go to court. ‘She has a mountain of strong evidence for her claims and wants to send a message to all women.’

But in a big surprise, McCawley revealed that Lively’s close friend Taylor Swift and Lively’s husband Ryan Reynolds were “not expected to be called” as witnesses in the trial.

Sigrid McCawley, who famously advocated for victims of pedophile Jeffrey Epstein, said outside the court that Lively wanted the case to go to trial to “send a message to all women.”

Attorney McCawley said it was unlikely Lively’s husband, Ryan Reynolds, would be called to testify. It seems unlikely that Taylor Swift will take to the podium either

Reynolds could tell the jury about a meeting at his and Lively’s home in January 2024, in which he reportedly berated Baldoni.

Swift exchanged numerous messages with Lively in 2024, including calling Baldoni a “b*****” over the revelation of his alleged behavior, and those messages were released on Monday.

In another message, Swift told Lively “you win” the day after Lively filed a damning complaint with the California Department of Civil Rights outlining her allegations.

The Deadpool star also sent numerous emails and messages to various people in Hollywood and Baldoni’s former talent agency, demanding they do something.

“The case is really about Blake Lively’s testimony, and she’s ready to go to trial,” McCawley said.