Expert Addresses Odds Of A Settlement Between Blake Lively And Justin Baldoni

Even though “It Ends With Us” hit theaters in August 2024, Blake Lively and Justin Baldoni are only now headed to trial. The film’s star has accused the director of sexual harassment on the set of the film, which was based on the 2016 novel by Colleen Hoover. Although many allegations have played out in headlines in the past few months, the two Hollywood stars are only now headed to court. A trial is scheduled for May, unless they reach a settlement before then.

On Wednesday, February 11, Blake Lively and Justin Baldoni met with Magistrate Judge Sarah L. Cave for a court-ordered mediation. This is a common procedure in federal civil litigation, and even though it ended without an agreement, experts say that it is still possible that both parties will reach a settlement before their May 18 court date.

“With a trial scheduled to begin on May 18, the parties and the court will move into final pretrial preparations, deciding on witness lists, exhibit lists, and arguing about what evidence the jury will be allowed to hear,” Brian C. Stewart, a trial attorney at Parker & McConkie not connected to the case, told PEOPLE magazine.

“A settlement can still happen, right up to and even during trial, but both sides will want to prepare as if trial is inevitable. Both sides will do their best to look like they are confident and ready to convince the jury," Stewart added.

Steven Jensen, who is also a trial attorney at Parker McConkie, also weighed in on the case, although it is worth noting that he has no connection to the trial.

“Settlement talks will likely continue informally all the way up until the eve of trial,” Jensen told the publication. “Each side will resume discovery and begin preparing pre-trial motions, which set the stage for permissible evidence at trial.”

Additionally, each side will need to map out a plan for trial – witnesses to call, cross-examinations of defense witnesses, exhibits to use, jury consulting and questionnaires, opening and closing arguments, and other preparations,” he continued. “Many cases do settle before trial despite multiple failed attempts at settlement. There is still a likelihood the parties [will] settle the case before trial.”

According to attorney Greg Doll, Judge Lewis J. Liman’s decision on summary judgment can also influence the odds that Justin Baldoni and Blake Lively will reach a settlement before May.

“The next step in the case is that Judge Liman will issue his summary judgment order, which he is no doubt holding in abeyance until after the settlement conference to increase the chance of settlement based on the parties’ uncertainty about how he intends to rule,” Doll explained to the publication. He is also not involved in the case.

Doll went on to say, “Unless Judge Liman disposes of Lively’s case on summary judgment, the next step will be pre-trial motions and trial.”

The “Gossip Girl” alum first filed her lawsuit alleging sexual harassment against Baldoni in December 2024, months after the movie hit theaters. Baldoni fired back with a $400 million countersuit that was later dismissed by a judge.

Lively claims she has suffered $161 million in damages, alleging that Baldoni launched a retaliatory smear campaign against her that hurt her career. Since that time, many high-profile celebrities have been dragged into the case, including Taylor Swift, Matt Damon, Ben Affleck, Hugh Jackman, and her husband, “Deadpool” actor Ryan Reynolds.

On January 20, private text messages between Taylor Swift and Blake Lively were unsealed. As per PEOPLE magazine, in one text message, Lively asked Swift to endorse a revised version of the script “without having to read it.” According to the filing, Swift seemingly replied, “I’ll do anything for you!!”

A source later told the publication that the “Wood” singer wants to “stay away from the drama” and is upset that her private text messages were made public. “Taylor feels like her privacy was impacted,” the insider shared. “Anyone would be uncomfortable if their private texts were suddenly made public.”