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Blake Lively seeks $8 million in fees under California's Section 47.1

After Justin Baldoni’s defamation case was dismissed, the court sided with Lively on defense costs.

ByMaha Al-JuhaniEntertainment Correspondent, The Executives Brief
·4 min read
Blake Lively seeks $8 million in fees under California's Section 47.1
Executive summary

Blake Lively is asking for $7,495,526.87 in attorneys' fees and $539,514.01 in other litigation costs from Justin Baldoni and Wayfarer. The request follows a judge’s ruling under California’s Section 47.1, with wider consequences for anyone considering weaponized defamation claims.

Blake Lively wants to recover $8 million-ish in legal bills from Justin Baldoni and Wayfarer after Baldoni’s $400 million defamation case against her was dismissed. In a late Monday memorandum filed in New York, Lively asked for $7,495,526.87 in attorneys' fees and $539,514.01 in other litigation costs.

This is not a vague “pay your lawyer” request. It is a specific attempt to turn a dismissal into compensation, based on the Protecting Survivors From Weaponized Defamation Lawsuits Act, also known as Section 47.1, a 2023 California law designed to protect sexual harassment, abuse, and discrimination victims from retaliatory defamation lawsuits. Judge Lewis Liman ruled that Lively was entitled to compensation for her defense costs under that law, essentially telling the court that the lawsuit used against her carried consequences, not just headlines.

To understand why this matters, zoom out to what happened procedurally. Baldoni and Lively reached a settlement in May, nearly two months before their dispute would have gone to trial. The case did not run its full course to judgment on every theory. Even so, the judge still ruled on the fee and defense-cost issue after the defamation case was dismissed. That is the leverage point now: even if a high-stakes case ends without a full trial, the loser may still face the financial reality of defending against it.

Section 47.1 is the legal mechanism doing the heavy lifting here. The law is meant to protect people who say they were targeted for speaking up, particularly in the context of sexual harassment, abuse, or discrimination. In this dispute, Judge Lewis Liman’s decision tied Lively’s right to compensation directly to that statute, meaning the court treated her defense costs as something the other side should bear. In practical terms, that can reshape incentives. If plaintiffs believe the risk of an adverse outcome will automatically expand into major fee exposure, the calculus changes for both sides at the filing stage.

Lively’s filing is also notable for what it asks for, and what it does not. The source reports that while her initial request for punitive damages was not granted, she can still pursue those separately. That detail matters because it keeps the dispute financially alive beyond the fee motion. A dismissal does not necessarily close the book; it can just move the fight to a different chapter, one measured in numbers like $7,495,526.87 rather than headlines about what was alleged.

The public argument around this case has already sharpened into competing narratives. Lively’s attorneys, Michael Gottlieb and Esra Hudson, described the decision in a Tuesday statement to TheWrap: “Thanks to this landmark decision, those considering using a lawsuit as a weapon of intimidation have been put on notice that there are consequences for doing so.” They also framed the ruling as creating precedent, accountability, and protection for others who might face similar retaliation for speaking the truth.

Baldoni’s side disputes that framing. Baldoni’s lawyer Bryan Freedman, speaking earlier this month, argued that Lively’s pivot to the California law was essentially an attempted damages grab. The source includes his earlier position that all of Lively’s sexual harassment and defamation claims were thrown out by the court, and that she then pivoted to exploit a law “established to protect real victims,” which he characterized as a fruitless mission to obtain damages. Freedman also referenced that Lively demanded over $300 million in fees and damages, that 10 of her 13 claims were dismissed, and that she chose to settle and received nothing.

The settlement itself adds another layer. The source notes the settlement happened in May, just two weeks before trial was set to begin. That timing suggests both sides anticipated legal and reputational risk as trial approached. After the settlement, a broader public statement from the co-stars was shared, with their joint message emphasizing “It Ends With Us” as a project they remained proud of, while acknowledging that the process presented challenges and that concerns raised by Lively “deserved to be heard.” They also expressed hope for closure and a respectful environment online.

For executives, boards, and legal teams, the second-order implications are the real story. Fee-shifting under Section 47.1 can change how quickly disputes get negotiated versus litigated, and it can push risk assessments earlier, before filings become career- and brand-defining events. It also signals that courts may treat the intent and context of litigation as relevant, not just whether a case survives or fails. When the decision creates precedent, it can ripple beyond one celebrity dispute into how businesses handle sensitive allegations, settlement strategy, and reputational disputes that might otherwise escalate into multimillion-dollar court battles.

Right now, Lively’s request puts a fresh price tag on that precedent. The numbers are specific: $7,495,526.87 in attorneys' fees plus $539,514.01 in other litigation costs, filed in a late Monday memorandum in New York. And even though punitive damages were not granted in the initial request, the path to pursue them separately is still open. In other words, the legal fight is not just about what the court dismissed. It is about what it charges next, and who decides whether a lawsuit is worth launching when the cost of losing could be enormous.

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