Replay 5/28 TT Live discussing Judge Liman research request

Added: 2026-06-01

[00:00:05]fully down. Hello. Hello. We have movement.

[00:00:10]Movement, guys, on 47.1.

[00:00:14]Are you excited? I'm excited.

[00:00:18]Who's excited? We're all excited.

[00:00:21]Okay, so I Let me just I'll wait a few minutes.

[00:00:28]Say hi. Hi, Lisa. Hi, Julie.

[00:00:32]We got movement. I'm 47.1. Wasn't the movement I expected, but we got movement. It's good movement. I mean, this sounds like a bowel movement. I need to pick up a different phrase. Hey, hey, Cow Bonga, dude. Carrie, pure one, Mary Rose. What's going on, guys?

[00:00:50]Jessica, Lisa, Julie, not here.

[00:00:55]Um, Yuper. So, here's here's what's going on with 47.1.

[00:01:07]I believe Judge Lyman is about 80% done with his decision. And in my opinion, he is still going to decide that the complaint that Justin Baldoni filed against Blake Lively was protected speech under the First Amendment. So it is still my opinion that Judge Lyman is going to decide that 47.1 does not apply.

[00:01:37]However, when courts do like decisions, especially in this kind of decision, okay, they'll say like number one, first amendment applies.

[00:01:54]This is how I expect his decision to come out. Let me just fix this.

[00:01:59]He's going to say first amendment protects Beldoni. This is was this is what I'm expecting. But now he's going to say but assuming this is what he's going to say. Assuming for the sake of argument just like he did in this letter assuming 47.1 applied who would have to prove that Blake Lively sued Baldoni without malice.

[00:02:36]That's the question that he just asked.

[00:02:39]And the reason he's asking that is because the statute does not make it clear. This isn't really bad law. Okay?

[00:02:46]in my opinion because the law essentially is saying that as long as a woman or a person makes a complaint about sexual harassment, sexual assault, you know, and they do it without malice, even if they lose, the other party has to pay their fees for defending themselves.

[00:03:08]And I said like in my live on YouTube, I'm like, I have a brother, you know, if some chick falsely accused him of something, I want him to be able to defend himself. [ __ ] I want to be able to write the, you know, complaint suing her myself because that's my brother.

[00:03:21]Just because a woman makes the accusation doesn't mean it's true. But that's what 47.1 does, right? So now Blake Lively is saying that her lawsuit against Justin Baldoni, the one that just got dismissed and the one that just settled was privileged.

[00:03:46]Okay. And what makes something privileged if it was without malice?

[00:03:58]So the statute says without malice. The statute uses that language. So why would Justin Beldoni have to prove a negative?

[00:04:08]Why would Justin Beldon have to prove Blake Lively sued me with malice?

[00:04:13]Shouldn't the person who brought the lawsuit prove that they did it without malice? That's my thought.

[00:04:21]But someone asked, "How can the judge ask for briefing when no one has decided this like issue yet?" Well, what you guys should look for is cases that both sides find from different parts of the country. So both sides now are going to be looking from case for cases from other states for anyone who has a fee shifting statute and they're going to be like how does this state make the fee statute work? Do they put the burden on the person who brought the sexual harassment claim or do they bring it like the person who made the you know defense?

[00:05:07]So I think that's what's happening. I think 80% of Judge Lyman's decision is done. I still think the First Amendment is going to protect Justin Baldoni, but since this is the very first time a federal judge will be writing about 47.1, he has to put in his own interpretation of it.

[00:05:30]And since the legislation doesn't specifically say Blake Lively has to prove she sued Justin Baldoni without malice, despite having Vanzan, despite leaking to the New York Times, and despite the fact that 10 out of the 13 claims were dismissed, don't forget to follow. Don't forget to like, don't forget to share, don't forget to do all the things.

[00:06:00]Um, you know, or does Justin Baldoni have to prove the negative? Since that, you know, sh it's silent. The statute is silent on that and just uh Judge Lyman and his law clerks are busy. He's basically asking the parties to do legal research for him and he wants very short single space letters with no footnotes.

[00:06:26]That made me laugh. He's like, I don't want any [ __ ] footnotes. No footnotes. And let me know if there are other states that have similar laws that explain how the um you know that that that explain how the burden should be met. Whose job is it to prove that Blake Lively's lawsuit against Justin Baldoni was privileged?

[00:06:53]What do you guys think? Should Justin Beldoni be the one to say, "Yeah, she did it with malice."

[00:07:00]I think that's proving a negative. If the if the if the language of the statute says you have to do it without malice, why would a defendant have to say, "Yes, she sued me in good faith."

[00:07:15]Why would Justin Baldon want to say that?

[00:07:19]It's really Blake Lively who has to be the one to say, "I sued him without malice.

[00:07:28]So, I still think, like I said, that the First Amendment is going to apply, that Justin Baldoni is going to be protected. The 47.1 is not going to apply. But Judge Lyman does have to write a part of the opinion that says this is how 47.1 I think should work if it applies.

[00:07:51]And in my opinion, eventually he's gonna say Blake Lively since she's the one who's seeking the fees and she's the one who sued Baldoni, she's the one who should say she did it without malice.

[00:08:02]But since it doesn't apply in this case, it's a moot issue. That's what I expect still.

[00:08:14]So, but I'm I'll go to New York for the hearing.

[00:08:18]That'll be fun.

[00:08:21]my brain.

[00:08:23]Guys, the if if I had to boil it down to one thing, you guys answer this question.

[00:08:30]Should Blake Lively have to prove that she sued Baldoni without malice before she could get fees?

[00:08:43]Should she have to prove that she did it in good faith before she gets fees?

[00:08:51]Or does the burden of proof need to be on Justin?

[00:08:56]Does Justin Baldoni have to say she did it with Malice?

[00:09:02]Because look, she did Vanzan and she did the New York Times, you know, and 10 of her 13 claims got dismissed. When you put it all together, that's malice.

[00:09:17]Should Jezebel Dhoni have to do all that or should Blake Lively have to be like, "How do you prove it was without malice?"

[00:09:29]Luckily, like I said, this is just I think like I said, I think that um based on the way that the judge wrote the letter and what he's asking for, okay, he only wants a half hour of argument. He's almost done.

[00:09:51]Judge Lyman is almost done.

[00:09:57]Based on what he's asking for, I think he just wants to be able to put in the opinion if 47.1 was going to apply, it would be Blake Lively's burden to prove her statement was privileged.

[00:10:10]Yeah, it's going to be two seconds. It's going to go like that. He doesn't need that much. He just needs some case law.

[00:10:19]And then the judge is not going to decide right then. He's going to finish his opinion.

[00:10:24]But if I had to bet, he's going to be like, you know, I don't know the law in this. So they're going to be like, "Your honor, these are the cases that say that, you know, a defendant who's Baldoni should have to prove that the plainif, you know, in a fee shifting da and then Baldon is going to be like, it was her lawsuit. She's the one who's seeking fees. She's the one who did Vanzan. She's the one who leaked to the [ __ ] New York Times. She's the one who got her complaint dismissed 10 out of the 13. Why do I have to prove anything? She should prove that despite all of that, she did it without malice.

[00:11:06]That's her burden of proof.

[00:11:11]And then the judge is going to be like, "Cool. Thanks, guys. Thanks for the cases." And then he's going to finish his opinion because he has to because he's the he's the first freaking judge in the entire country who's going to be writing about 47.1.

[00:11:28]So, he has to say something about how he thinks it works.

[00:11:32]That doesn't mean he's going to apply it in this case.

[00:11:39]Yeah, but she was the plainif.

[00:11:42]She's saying her lawsuit against Baldoni was protected speech.

[00:11:51]She's saying my lawsuit against Baldoni was protected speech. His lawsuit against me was not protected speech.

[00:12:01]That's literally what it all comes down to. That's what 47.1 says.

[00:12:09]47.1 says Blake Lively's lawsuit against Justin is protected and Justin's lawsuit against Blake is not.

[00:12:23]So, what the judge is asking is does Blake Li right now they're only talking about Blake Lively's lawsuit because that's the protected speech. So, does Blake Lively have to prove that she filed this lawsuit against Beldon without malice?

[00:12:41]Hey, Cupycakes. Hey, Samantha. Hey, blah blah. Hi, Slow Days. Hey, AB.

[00:12:47]Hey, Mo.

[00:12:49]Chair Bear, Fluffy Bacon, Levvenia, Hazel, Lala, Curry, Alexa, Carol.

[00:12:59]Tired of it already. I feel you, man or woman.

[00:13:05]So, if you are just joining, we finally got movement on 47.1.

[00:13:11]My name is Teresa and I'm not your lawyer, but I'm an Ivy League educated lawyer, former big law attorney, and I collect facts like snacks. And this evening, as I was refreshing court listener for the 1,000th time, I saw a letter from Judge Lyman and he wants briefing on one issue.

[00:13:37]Blake Lively sued Justin Beloni.

[00:13:44]In order for her to get attorney's fees under 47.1, she has to prove that her lawsuit against him was protected speech under 47.1.

[00:14:01]How does she prove that? By proving it was without malice.

[00:14:07]So, Judge Lyman is saying basically, does Blake Lively have to prove that she had a good reason to sue Baldoni or does Baldoni have to prove that she had no good reason to sue him?

[00:14:26]Cuz they're only the the privilege communication is only about her complaint. That's what 47.1 does. 47.1 says Blake Lively's complaint is privileged.

[00:14:38]Justin Baldon's complaint is not. This is actually the perfect case to show why this is such a bad law because everyone's on the man's side in this case.

[00:14:50]This case is actually like the poster child for why this law sucks.

[00:14:56]Because in this law is saying Blake Lively had a right to say everything that she said about Justin Baldoni even if it turned out to be untrue and he didn't have a right to sue her back for that. So since he lost his lawsuit back he has to pay her fees.

[00:15:19]Yeah. I like I said I think that the judge's opinion is 80% done.

[00:15:25]I think this is one narrow issue that he needs help with research and his law clerks are busy.

[00:15:32]And so I think the judge is still going to say that Justin Baldoni is protected under the First Amendment and that his lawsuit against Blake Lively does not fall under, you know, 47.1 and that um because he had a right to defend himself.

[00:15:57]But he's gonna say assuming for the argument that this would have applied, Blake Lively would have had to be the one to prove that she did it without malice. I think that's the ultimate holding.

[00:16:08]So what he's asking for essentially is he's asking for people to like these people to like send him samples of what courts in other states have done so he can have a sense of like how everyone else is doing this fe shifting thing.

[00:16:27]Why doesn't he just let this go? Who's he?

[00:16:34]The parties agreed not to let this [ __ ] go. The parties when they settled, they were like, "We're going to settle except for this one issue." So, he can't [ __ ] let it go. He has to solve the issue because they said, "We are not settling everything. We're we're we still want this one issue."

[00:16:49]So, he can't just let it go.

[00:16:54]Right. I mean there's Vanzan.

[00:16:58]If it's new law, how can they find case law? As I was saying, the case law is can you find similar laws from different states that have similar like fee shifting and how do other states do it? That's what he's really asking for.

[00:17:16]It's not other decisions on 47.1. His is going to be the first decision on 47.1.

[00:17:20]But where he's like, "How do they do it in other state states? I don't have time to research this. My clerks don't have time to research this. Send me a list of cases. Each side gets just a half hour."

[00:17:32]No, he's not going to decide that. El Calla, what he's saying is assuming let's pretend.

[00:17:44]We're pretending. We're just pretending.

[00:17:47]Let's just pretend that 47.1 applies.

[00:17:53]Would Blake Lively have to prove at a hearing that she did it without malice?

[00:18:01]Or would Justin Baldoni have to prove at a hearing that she did it with malice?

[00:18:09]To me, it doesn't make sense because the statute says you have to show without.

[00:18:15]So why would Justin Baldon say, "Yeah, she did it without malice."

[00:18:21]Blake Lively should be the one to have to say, "The lawsuit I filed against him was protected because I didn't do it maliciously, even though I did Vanzan, even though I did the New York Times."

[00:18:29]Like, those are things that would go to the jury and then the jury would answer that question.

[00:18:35]No, because what I'm saying is, "What's the Hold on.

[00:18:52]This is how I still expect Judge Lyman to rule.

[00:18:56]Okay. I I expect Judge Lyman Oh, I hate this reflection.

[00:19:03]I expect him to say number one, the First Amendment.

[00:19:09]I don't know why I keep trying to do it that way. The first First Amendment applies. Okay, I'm going to that's for Baldoni. So that's a team Baldon thing.

[00:19:31]So Baldoni, this is a win.

[00:19:34]I expect Baldoni to win.

[00:19:41]Okay, that's what I am expecting. First amendment. Yay. Baldoni wins. But since it's the first opinion in the entire freaking country to talk about 47.1, Judge Lyman has to talk about the language. So right now he wants to say the privileged communication.

[00:20:07]privilege is the complaint that BL sued Justin Baldoni.

[00:20:17]Did she sue him without malice?

[00:20:20]Did Blake Lively sue Justin Baldoni without malice?

[00:20:28]And the judge is saying, in my opinion, who do I say has to prove this part?

[00:20:34]That's what he wants. He wants, "Hey guys, send me cases from other states so that I can try to figure out what I'm going to say about 47.1 who has to prove without malice. If it's Blake Lively's lawsuit and it's Blake Lively who wants the attorney's fees, shouldn't it be Blake Lively who has to prove that she sued without malice?" So, he's going to say this doesn't apply, but if it did, then we would have had to have a hearing where Blake Lively proved it. But since the First Amendment protects Beldoni, he wins and we don't have to go through this whole thing.

[00:21:10]That's what I'm expecting.

[00:21:16]Let me make sure my dogs are in this house. Hold on.

[00:21:25]You come inside.

[00:21:40]All right. So, that's it. That's what's going on.

[00:21:45]Marian Twinette reincarnated. This whole [ __ ] society is Marian Twinette.

[00:21:50]They're going to be saying that why can't she prove that it's without malice? It should be her burden.

[00:21:57]But this is a very very very narrow issue.

[00:22:06]Yeah.

[00:22:09]Did you talk to your doggy in Spanish?

[00:22:11]Not just now, but sometimes I do.

[00:22:14]Um, so what? [ __ ] Tik Tok sucks.

[00:22:24]Tik Tok just restricted my life.

[00:22:28]So, share share the live. Like the live.

[00:22:31]Can you guys get me to 10,000 likes?

[00:22:34]Can you do that?

[00:22:36]It's 4.6 likes. Can you get me to 10?

[00:22:40]Help a girl out.

[00:22:46]I guess because I'm talking about freaking, you know, sh.

[00:22:51]So he's asking for more because 47.1 is going to be the first time this has ever been talked about ever.

[00:23:02]So he wants to know what should I say about it. Okay. So he's going to say I think he wants to know this is what he wants to know guys. Does Blake Lively have to prove that she did this without malice or does Justin Beldoni have to prove that she did it with malice?

[00:23:20]Who's got to prove this? I think since the language of the statute says without malice, why would Baldoni have to prove this?

[00:23:30]She should have to prove the whole thing. That's my point. But what they're what they're going to do is they're going to send him cases from different jurisdictions, different states that have similar fee shifting.

[00:23:45]And uh no, there's not going to be a trial.

[00:23:51]There's not going to be a trial.

[00:23:55]Um, it's just going to be a list of cases.

[00:24:01]The new letter, that's what he asked for. He asked for a single space list of cases without footnotes.

[00:24:13]Is she going to drop something after this? I don't know. I mean, I don't think that this is it for this case, but whatever she's got going on with the Jed Wallace. They're trying to pull that [ __ ] over there, too.

[00:24:22]So, you know, I don't think Blake Lively is done with 47.1, but it's odd to me.

[00:24:28]Like, it's self-destructive to me. Like, the fact that she's still pursuing this to me is self is as self-destructive as this freaking lawsuit was in the first place. [snorts] Or Rhythm Nation. Hey, Stephie. Steph Millie. Yeah. 12 point. He's like 12 points, single space, two [ __ ] pages, no footnotes. I just need cases. I'm just too busy to do research. That's what this really is. So watch the whole [ __ ] media now is going to blow it up. Oh my god, [screaming] [gasps] he wants cases. Oh my god.

[00:25:04]Breaking news.

[00:25:09]Watch. This is going to be like the next [ __ ] news cycle.

[00:25:13]And all he wants is like, you know, my law clerks are busy. I'm busy. We got other [ __ ] to do. So, give me a list of cases that you think I should look at that helps me figure out should Blake Lively have to prove that she sued Justin Baldoni without malice.

[00:25:30]So, I think his opinion is like 80% done. Yay, 10K likes. Thank you so much, guys. So, yeah, that's what I think. I think he just needed some case law and he's going to give them a half hour each. That's like that's nothing.

[00:25:48]I wonder if she's going to have 19 lawyers for a half hour argument. Oh my gosh. Do we want to take Oh my gosh. We should do like um what's that called? We should do a pool. Yeah, I'm going to go.

[00:25:58][ __ ] it.

[00:26:00]We should do a pool on like how many lawyers Blake Le's gonna have.

[00:26:06]Is she gonna have 19 lawyers? Yeah, we need an overunder. [laughter] Is she gonna need [gasps] I got five on it. That's so [ __ ] funny.

[00:26:19]Yeah, I'm going over under set of 10.

[00:26:22]That's [ __ ] funny.

[00:26:24]23. Technically, she had 25 cuz she had 19 lawyers at the front and then she had the six associates in the back. So, she paid for 25 lawyers to go to this pre-trial conference. But this is just a half hour.

[00:26:37]So, I'm gonna say 10.

[00:26:42]Why isn't he just dismissing? Because the guy doesn't want to embarrass himself.

[00:26:48]You know, like reputations are important in the law and amongst judges and he's going to be the very first person. That means everybody else looking at this law is going to quote him.

[00:27:02]So, he wants to make sure it's a good opinion.

[00:27:07]So, in my opinion, like I said, he's 80% done. This is one of the last issues.

[00:27:12]He's already decided the First Amendment is going to protect Baldoni, but he wants to be able to put this is how I think 47.1 should work.

[00:27:23]Teresa, please go up to Michaela.

[00:27:30]I Michaela, have you seen my videos? 1 to 10. How accurate am I? Come on. Come on.

[00:27:39]Where'd you get the paper bags? Was it a CVS paper bag?

[00:27:44]Was it one of the paper bags? Like the sandwich bags from [ __ ] um Panera? [laughter] [snorts] No, I think this is it. He said, "I don't need any." Remember when he was like I don't need any additional briefing at this time. So he's been writing no the judge does not have to decide malice. The judge is saying who has the burden of proving it to the jury.

[00:28:19]I think he just has I think he has questions like a technical issue. It's narrow. It's not a big deal I don't think because I still I still maintain that it's going to get dismissed.

[00:28:34]on first amendment.

[00:28:36]I think I that's how I I mean based on how he argued how judge what Judge Lyman said that was the impression that I got from Judge Lyman.

[00:28:45]It's not that they're going to he has to show he has to talk about how the law works. We're not going to necessarily do everything that the law says to do, but he has to at least explain how the law works. That's what he's trying to do.

[00:28:59]That's what he's trying to figure out.

[00:29:01]He's trying to figure out how the law works.

[00:29:06]So, I think he's got 80% of it done and he's just wanting some more research on this part.

[00:29:12]So, they're going to give him cases by the 31st and they're going to have argument on the first.

[00:29:18]What day of the week is the first anyway?

[00:29:28]What day of the week then? It can't be June 1st because it's a [ __ ] Saturday.

[00:29:37]June 1st. What day of the week is June 1st?

[00:29:41]He said argument June 1st at 2 p.m.

[00:29:48]Monday. Okay. So, by Sunday night, he wants cases. He's gangster.

[00:29:55]Is a pretty [ __ ] gangster guy. He's like, "By Sunday night at 5:00 p.m., I want cases no more than two pages each and then we're going to have argument the next day at 2 p.m.

[00:30:08]So, I think by next Friday, we'll have his opinion if I had to guess."

[00:30:18]Go lay down, guys. The dogs are fussy.

[00:30:22]So, well, let me do this. I'm going to hop off, but I'll hop on tomorrow. But I want to do some videos so that you guys have some um content to look at repeatedly cuz I don't know why, but when I do YouTube, I mean, when I do Tik Tok lives, it takes this [ __ ] won't download until tomorrow morning. It's going to take 12 hours to download this for whatever reason. So, I'm going to at least do some videos explaining so you guys have that. And then tomorrow when this finishes downloading, I'll post it here and I'll post it on YouTube. That way you guys can check it out.