Blake Lively's attorneys have moved to exclude testimony from entertainment reporter Kjersti Flaa ahead of the actress's upcoming trial against It Ends With Us costar Justin Baldoni. The motion, filed on April 11, targets Flaa's potential appearance as a witness in connection with a 2016 interview that went viral in 2024 and generated significant public backlash against Lively.
According to the court filing, Lively's legal team argues that Flaa's "sole connection to this litigation" stems from posting the interview "one day after" It Ends With Us hit theatres on August 9, 2024. The timing of the video's release and its subsequent viral spread form a central element of Lively's broader legal claims against Baldoni.
The Controversial Interview
The interview in question resurfaced when Flaa, 53, released a YouTube video on August 10, 2024, titled: "The Blake Lively interview that made me want to quit my job." The clip featured an exchange from 2016 in which Flaa congratulated Lively on her "little bump" during the actress's pregnancy with daughter Inez. Lively, 38, who appeared alongside Parker Posey, responded with a smile: "Congrats on your little bump."
The interaction grew more tense when Flaa inquired about the film's costumes. Lively replied: "Everyone wants to talk about the clothes, but I wonder if they would ask the men about the clothes. It's not just the women that have the clothes, but I feel like the women get the conversation."
Following the video's release, numerous viewers characterized Lively as a "mean girl," contributing to a wave of negative public perception that emerged during the film's promotional period.
Legal Arguments and Counterarguments
Lively's legal team has clarified that they do not believe Flaa was part of the alleged smear campaign that Lively accuses Baldoni, 42, of orchestrating. However, the motion contends that Flaa "can offer no insight into how or why the little bump video went viral," characterizing any such testimony as "pure speculation."
The filing further alleges that Baldoni's team has been resurrecting "unflattering conduct...from years past" as a tactic to improperly influence the jury. According to court documents, Lively "need only prove...that Defendants amplified and bolstered the video to make it go viral" for purposes of trial.
The legal team representing Wayfarer Studios, which Baldoni cofounded, has contested this position. Wayfarer's attorneys argue that Flaa's interview demonstrates Lively developed a reputation as a "tone-deaf, mean girl" through her own conduct. They characterize the reporter's potential testimony as "highly relevant" and dismiss Lively's attempt to limit admissible evidence from the interview as a "Hail Mary."
Wayfarer maintains that Flaa's testimony supports their position that Baldoni's side "was not involved in spreading or encouraging the 'little bump' story that contributed to [her] negative reputation."
Case Status and Timeline
This development follows a significant ruling by U.S. District Judge Lewis J. Liman on April 2, in which 10 of Lively's 13 claims were dismissed. The dismissed claims included sexual harassment, defamation, and conspiracy. Judge Liman allowed three claims to proceed to trial: breach of contract, retaliation, and aiding and abetting in retaliation. Baldoni has consistently denied any wrongdoing throughout the legal proceedings.
A final pretrial hearing is scheduled for Monday, April 28. The trial itself is slated to begin on May 18 in New York City, where both parties will present their cases before a jury. The outcome of this motion regarding Flaa's testimony could significantly impact the scope of evidence presented during the trial and shape the narrative both legal teams are able to construct for the jury.