In civil litigation, parties can mutually agree to waive their right to appeal as part of a settlement, which provides finality and allows all parties to move forward with their lives; this waiver is a strategic decision that prioritizes resolution over continued legal battle, even when one party may have initially wanted to pursue the matter further.
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Bryan Freedman Addresses Appeal Claims and Settlement本站添加:
One thing Gottlieb keeps crowing over is you they don't you know team Baldoni and you know Brian has no recourse uh if it goes her way you can't there is no appeal process for this.
Let let let's let's really understand what happened there. That was a a decision by the parties to make sure that there was there was not going to be an appeal. And and really honestly from from our standpoint enough.
Right? Like like >> Yeah.
Just enough. She's the one that filed the lawsuit originally. She's the one that started the battle. She's the one that started to take over the film and and and everything that came along with that. And and and honestly like we want to do nothing but wish her well and to have a good life and to move on. But finality is the important part there. So in terms of of of not having an appeal it wasn't like that's their idea. They were the only ones to come up with it.
And they were the only ones that wanted it and we we didn't want it. It what we wanted was finality. We want we want people to be able to move on talk about other things find other interesting things they can work on.
Yeah. There Okay. So so he's making it sound like there's like there's a trap on that and and but everybody wants finality. Everybody wants There's just Tell me what what what you think is going to happen here because again this is never really been tested this statute 47.1.
The case Justin's counter suit was never actually heard. It was never tried. It was thrown out. You guys and please reiterate the reason why you did not try and keep that going.
Was that just to serve the purpose of showing his outrage and showing you know that emotionally that he was that he was upset and that he's an innocent person.
Well, you know, like the cross complaint wasn't thrown out completely. There were causes of act There were claims that we that we were allowed to amend. Um and could have amended. The idea at that time was to appeal those claims because, you know, as as as you could tell with all the discovery was coming out. This was before the discovery of the case even happened, right? That that it was dismissed. But as the discovery came out, you started to see things in that you you know, in that cross complaint were actually true. Right? Things in that cross complaint were actually backed up by documents that were produced in discovery. Um and and that that wasn't necessarily the ground it was thrown out. It was you know, parts of it were thrown out based on procedural reasons, based on litigation privilege type reasons, fair reporting type type reasons, other things like that. But but again, you know, I I'd argue that um you know, um sometimes when you're attacked uh without notice um and it's unfair and you don't have the right to speak, which is kind of what this statute says. You're not allowed to say someone who is lying about what they're saying.
It it you know, it is really you know, you know, your voice needs to get out and in some way and the truth needs to get out in some way. And that's why the strategy of taking every document, every text message, everything and putting it out there for the public to decide is really your trial. The law The law isn't the first place you look when it comes to nuance, but in this situation you've got that there's nuance must be must must prevail because you know, if you strictly interpret the law that may help them in some way.
However, having the SH claims thrown out and have everything thrown I think the judge I don't think Louis Lyman is a fool. I don't think any any other judge is going to be a fool and it's clear to see really this never had the veracity that you know it's so obvious that I don't understand how anyone could see it her way. I don't think anyone does.
But if it's strictly interpreted maybe there's a little something and she can walk away and crow and even then I I think that's up in question because it was never a tried and lost.
I I I think you know if if this case has shown us one thing, right? It's that whatever the result is and no matter how badly it is against the other side that they will create a scenario where you know, where a loss somehow becomes a win. I mean I think that's what you're seeing. But again, right?
This is like a factual very clear thing.
Lawsuit for $300 million.
Claim damages of $150 million.
A dropping of the emotional distress and and the settlement which is you know, public now shows that there was actually not a dollar paid whatsoever.
The only thing that was left was this motion um you know, this motion that was filed back in September. And the motion, you know, they had the right to to bring anyway. So what what was Baldoni giving up? Right.
>> You know, as part of the settlement. Not a dollar, right? Just whatever existed existed. So, it's it it's it's impossible to look at that and say that's not an incredible opportunity >> Yeah. to resolve something. And and the idea of getting rid of the appellate rights is enough.
Let's let people move on. Let's let Judge Bindley deal with what's a very important count you know, an important dockets that he has, important cases that he has. Let's let people move on because what we've seen is the facts were not as they were represented in the New York Times and the facts were not as they were represented in a lawsuit that she filed.
And you Katie cool lady here on the bottom a commenter, she says, "Do you think Blake will now put out her mountains of evidence that she she could always do the you know, her own website that you put out? I mean now there's no NDA, there's no non-disparagement clause. Everybody can say what they want to say and so Blake where I look forward to the great big reveal of a don't let that go you paid so many millions of dollars to the Wilkie law firm and Gottlieb and these guys.
Have them put it out in a nice since in fact let it actually be tried in the court of public opinion. Feel free to dump, you know, do an info dump if you can. Brian, what I'm interested in is did you ever sit across like in deposition? Did you ever like have a word with Blake lively just like a hey, how are you? It's you know, kind of hot today in New York. Any small talk or anything?
I definitely said hello.
And and definitely conducted the deposition and took her deposition.
And and you know, there wasn't a lot of communication in between that because as lawyers you're not supposed to talk to somebody on the other side a party on the other side who's represented by counsel. So, there wasn't you know, a lot of chitter-chatter.
Um and I'm not sure she was particularly interested in that. Um but it was a respectful deposition.
And and as as you can tell if you read the deposition, you know, you'll find about somewhere between six and nine different things that are directly absolutely 100% contrary to, you know, contrary to what she put in writing.
Uh as for her lawyer, he doesn't seem to like you very much. Uh Mike Gottlieb, um is that just a professional Have you ever sat with him before and talked about something other than this?
I I I I actually like him.
And uh I'm not in the business of getting people to like me.
When it's all done, you're going to send him flowers or something cuz I don't think he likes you.
Well, you you you know what? I I think it's a long uh you know, let's hope it's a long relationship. But now and and again, I respect all of the lawyers on the other side. I don't agree with what they did. I don't agree with the Vance I am part of it. I don't I think that the client hopefully should have been advised that if she wants to improve her reputation, that filing a lawsuit um like this and and handling it like this is is is the worst thing you can do, not the best thing you can do. And um and and it's unfortunate that they, you know, chose that route. Um you wonder why that decision was made. But but putting it aside, there's no animosity against her or Ryan Reynolds or against the lawyers.
You know, I I You'll be done with this year. They live and be well.
Well, uh yeah, is there a Kool-Aid Is this like a drinking the Kool-Aid thing that happens or like needs to happen when you're representing someone? Like Gottlieb's a smart guy and I think if he were on the outside of this, he would see like, "Oh, this woman is crazy." He would know that all the you know, a lot of heavy hitters and producers in this town know how difficult she is and how mercurial Ryan is. Their reputations are very, very well known.
He's not totally oblivious to that. But do you have to kind of like, as a lawyer, separate yourself from this case just basic Do you have to like drink the Kool-Aid a little bit with your client to like help yourself be a really good, you know, steward and defendant of that person because it must be very difficult when you're like, "Uh I got to go I'm going to pretend to believe her."
Yeah, no, you you you don't want to drink the Kool-Aid. As a matter of fact, that that would not be actually complying with your obligations as a lawyer. You want to provide honest uh advice as to the risks of every case and what [clears throat] could and what could and and might happen. And if anybody looked at the text messages before that said, "Come to my trailer.
I'm pumping." You know, that were contrary to what was in writing.
Um they would have They They They would have advised, you know, differently. And And I I don't know what the advice was.
I'm not entitled to know that. But I certainly hope that the advice was provided that this was not a reputational tool which was going to help your likeability.
Yeah.
I put out an I emailed Mike this morning.
And uh I asked him to come on Hot Mic's.
Um He's not responded, but I hope he does.
And I look forward to, you know, getting to know him and and and hearing him >> you know, look, it's been a tough year for him, right? He started out with Drake and that kind of disaster of of making the decision to go after Kendrick Lamar or or Universal. And, you know, again, like I mean, in my opinion, you know, Drake was the bigger artist.
Drake's, you know, has his record sales.
Like, you know, why wouldn't you thank Andrew for for mentioning your name?
Right? Like like isn't there another approach reputationally where you can take this and say, you know what? Like taking the high road sometimes is taking your reputation back and being better than pointing out the fact that you're hurt and and and wronged and and making, you know, and and and adding more um you know, adding more eyeballs, insights, and frankly people that get annoyed by by the justice system being used for, you know, purposes that that that don't necessarily help people and and frankly lot lot of lot of real survivors out there and a lot of really people that are hurting that that need the court system. And hopefully we can all do do, you know, pro bono work and help others and and and really like change um you know, the kind of the the bitter taste that went on in this case. But I have nothing but the highest respect for my Gottlieb and um and and the world >> can tell. YEAH.
>> [laughter] >> HE HITS HE HITS HIM HE STARTS with Drake, it ends with Blake. He hits him with the Drake fastball. I have nothing >> [laughter] >> nothing but collegiate respect for my my opposition.
>> [laughter] >> I I you know, I I I joked that that at a certain point now he had died I had heard that he said he hadn't been invited to pickleball. So maybe at your house, Billy, we do a We settle this.
pickleball thing that settles this case once and for all. Singles, you know, Gottlieb and and and me and and we'll do it at your house and and love to do it.
>> I will broadcast it live Gottlieb v.
Friedman in a classic narrated and broadcast right on Hot Mic's live. I will do the play-by-play. I will and call the lines cuz you know, I don't want any lawyer caught in you know, it's bad for the reputation if you're calling an in ball out.
That's and you know, that's going to be the problem, right? That the line calls, you know, by tough lawyers or could go either way.
>> Out.
Brian, that was in. I'm going to try to try to try to negotiate the Friedman versus Gottlieb rather than the Gottlieb versus Friedman.
>> Well, now yes.
Let's get Lively versus Belldoni over and get on with Gottlieb versus Friedman in my on my pickleball court in the backyard broadcast. Could be at night.
I've got new lights in there and we'll invite the gallery and it'll be I bet we could sell tickets to this. We'll give it to charity. It'll be fantastic. I just think that really this goes back honestly to the domestic violence survivors. I think that's where Justin's head is at. I think that's where it should be. That's what this movie was about. It It should be the purpose of this. I'm hoping we can move on starting today.
>> Well, now we know our charity.
>> [clears throat] >> Mhm. Yeah. I I'm hoping we can move on.
>> one of you will be able to give to give the money where it was supposed to go in the first place.
Brian, I know you have a busy day. I thank you so much, sir.
Thank you. You did a great job, Billy. I really appreciate you.
Uh I'm curious. I'm inquisitive. I'm interested and you're always always informative. Thank you, sir. Really appreciate it.
Thank you. Appreciate your time. I really do want to do Gottlieb v.
Friedman in pickleball. I just think that would be I think I honestly think that would be an amazing event. Brian dresses like he loves his basketball shirt. He looks like a like a grown up like a a big teenager on the uh on the and he is a massive talker on the pickleball court. It's brutal.
I've received >> some of that, right there. The the Gottlieb stuff was killing me. Oh, it's total sideshow. You're not just you know, it reminds me of what's his name?
Peterman as uh and Dancing with the Stars. He always had so much else going on besides the actual dancing.
If Brian only relied on his pickleball, it wouldn't, you know, he'd be destroyed.
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