What Evidence Does Blake Lively FEAR!? Lawyer Explains Veiled WARNINGS In The MSJ!

What Evidence Does Blake Lively FEAR!? Lawyer Explains Veiled WARNINGS In The MSJ!

This motion for summary judgement has brought up so many questions and the van sham lawsuit seems to be the evidence that Blake Lively really doesn’t want to come out. [Applause] Welcome to Popcorn Planet. I am Andy Signor and I’m back with Omar the Tilted Lawyer. Welcome back, sir. How you doing? What’s up, Andy? Good to be with you. Always love our conversations. You always bring such good insight and I’m glad you’re back. Thank you guys uh for watching and tuning in. And please make sure you subscribe to Omar over at the Tilted Lawyer. Uh we we did a part one, this is part two of our talk. Let’s get a little bit more into it because I want to bring back the Vanzam which you’ve talked about a lot for those of you unaware. This is a crucial part of the case, but it seems to have gotten lost in the shuffle, Omar. And it but now through this motion, it seems to be coming back. Before we even get to that though, I I want to ask sort of general questions about this motion for summary judgement, which to me read pretty strong, pretty well. I guess based on what you’ve seen and look through it, what are your predictions on how the judge is going to rule on this? What claims do you think are going to remain? What do you think is going to get dismissed? Any sort of guesses you have? I wouldn’t be shocked if I would not be shocked if the MSJ uh failed in its entirety. Uh just because I don’t think that it’s going to be that difficult for, for example, uh Blake to get an somebody to come and write a declaration that yeah, there was something to what Blake Lightly was saying about the SH claims. Uh the contract stuff is a little more difficult. Um I would if if there I think it’s possible that the MSJ whittleles down some of this complaint even further than what it is. Um and if it does, it’s probably going to be with respect to the contract stuff because it’s so technical. Um and the arguments that they’re making, uh they’re legal arguments. They’re going to have to find a way like they’re talking about piercing the corporate veil. you know, if you’re having to rely on that to find a contract or to find liability in the contract, you’re kind of fighting an uphill battle as it is. Um, and they had this really biting line that you had asked me to comment on. Um, and whether or not that was a a you know, a throwaway line to like hint at the Vanzan uh Vanzan stuff. And the answer is maybe it is. Um, but I I’ll tell you what, I would be shocked if the MSJ was granted in its entirety. Um, and I would not be surprised at all if uh they didn’t get if if the complaint remained as is. Man, it’s nuts. But but again, as we’ve talked our previous installment, it still has to prove a jury. There’s a lot of steps that you think are going to be more troubling, but for this phase, it could still go through. My next question is there’s a lot of stuff still unsealed. Uh and and it seems Brian and Way Wayfair have smartly sort of toned down the aggressiveness and they’re playing ball more to what Lyman wants and they left a lot of it sealed uh and then sort of waiting for Lively to unseal it the way she’s supposed to. It kind of is exposing that Blake really doesn’t want a lot of this unsealed. Is that standard as you’re watching this back and forth fight of sealing and unsealing? Uh is that is that typical with MSJs to have a lot of stuff stay sealed? No. Well, I mean, I think the reason it’s a lot of that is going on is because obviously it’s a high-profile case. They want to keep a lot of that stuff under wraps. And most of the time in MSJ’s, you’re not having to seal and unseal things. You’re just filing the stuff and, you know, letting the thing play out on its merits. And so, um, you know, a lot of that has been a sideeshow. Um, what I would also add is I would not overreact. It’s like if you’re a person following this case whether or not you’re on Lively side or Justin’s side or or whatever, um I would not overreact to whatever happens for the motion for summary judgement because ultimately I think that this is a case that’s going to trial. I think the motion for summary judgement um is a preview of what Baldon is going to argue and what Lively is going to have to overcome at trial. Um I’m I’m just uh I’m sorry. What was your question again? Well, is it normal for it all to be unsealed like this? Um, sealed rather. I mean, a lot of it’s redacted and sealed. Uh, and it seems like it’s all supposed to be unsealed, but Lively keeps getting delays to go through it and all the independent third party people. There’s like 15 of them. Is that standard? No, that’s not normal. And, you know, I mean, it’s not, you know, out of bounds or anything. It’s just normally when you’re dealing with normal folks that and it’s not like this highest celebrity thing or we’re not dealing with like really sensitive medical records. You don’t have to worry about stealing and unsealing things. And so, um, for this case as part of the chorus, they made a lot of big deal at a very at the very outset of litigation that, hey, we don’t want to sensationalize this in the media. And so, yeah, it’s really annoying when you’re reading the MSJ and it’s like almost like a third of it is redacted, but you know, not that big of a deal. I want to get into Vanzam because that’s a big part of it and that seems to have gotten lost in the shuffle, but now apparently it seems to be back in and it was mentioned sort of in in in an interesting way in this filing. I I want to go straight to this. I want hopefully have you help me explain this alter ego uh terms and stuff. I alter ego liability is what I was looking for. There it is about sort of seemingly sneaking in uh this uh this issue. So going through it on here it is on page the third rather the third party the party seeking to have the corporate energy disregarded bears the burden of proving that the alter ego theory should be applied. Uh now this is Reddit threads a lot of stuff have come in sort of implying that this is an indirect reference to Vanzam. Alter ego is an extremely extreme remedy and sparingly used. Courts apply the doctrine when the corporate form is used to perpetrate a fraud, circumvent a statute or accomplice some other wrongful or inequitable purpose. ex establishing an equity requires direct evidence of specific man manipulative conduct which must include some conduct amounting to bad faith etc. So is that is that is that are they correct in reading that? Do you think that was a sort of shout out if you will an attempt to bring that back in? And do you think this will work? Well, it was artfully written because they they had to lay out the law like look they’re claiming alter ego stuff. That’s an extreme remedy sparingly used. It usually involves the perpetration of fraud um to circumvent a statute or for some other nefarious purpose. And what do we know about the Van Xan stuff? Well, they filed a lawsuit uh with no name defendants. Um they were able to get subpoena power. They issue a subpoena to somebody that didn’t have counsel or they did. They just didn’t know what they were looking at. They didn’t object to the subpoena or whatever and they use it to get some evidence and as soon as they obtain that evidence, uh they dismissed the lawsuit. And so, is that an abusive process? Um, arguably yes. I know there’s attorneys out there that would disagree with me and and say that no, it was an abusive pro process. They were allowed to do it. Um, but if you’re considering that the lawsuit that was written had no named defendants, um, that there was like this bare bones, there’s like very little facts. It’s difficult to even understand what they were trying to claim in that lawsuit. um they file it, they get the subpoena power, they they go and they issue the subpoena, they collect the evidence. Now that evidence has color of law, and you consider whether or not they might have already had that evidence. I know that that was speculated very early on, like maybe they had they had already had some of this stuff because of the way that they had let go. Um I forget who um Jennifer Ael the phone. Jennifer. Yeah. the way they collected the phone and then perhaps maybe gone into some right got it illegally and then needed to go back and create this fake sort of subpoena and things to do it is what the they successfully laundered the evidence through this van Xan lawsuit. So yeah, that would be an instance where if there was litigation in that where you could perhaps maybe introduce an alter ego theory and so was it a shot across the bow? Maybe. Um and if it was then brilliant but I also think that it was well placaced. They’re saying alter ego stuff. This is what alter ego is. She’s not going to be able to meet her burden. But let me tell you about Vanzan. It’s sort of the way that it reads. And so it’s kind of a it’s an interesting theory. I would not be shocked if it if if uh if that was the case. Well, it’s kind of crazy this is being not taken as seriously because it feels like it’s and we’ve talked about it in previous videos, guys, with Omar, but it’s like it’s a huge part of this case. The whole case falls apart, right? if that proves to be a sham. But then it comes this whole argument of well yeah but the with text saying we could bury anybody yada d it proves there must have been something right and so what what is the legal threshold sort of to be for something like this to be considered abuse of process in a civil case such as this? Well, it’s it’s simply that you’re using the court you’re using a process of court that was designed for one thing for something for some other thing, some nefarious thing. Like, for example, in New York, you’re allowed to conduct discovery before the filing of a lawsuit or before the filing of a response or whatever it is. And so, they file a um a dough lawsuit and they issue a subpoena and then they dismiss it and then they use it in this subsequent litigation. That seems to me just if you’re just reading the tea leaves that that’s probably um the reason why they filed that lawsuit was to get evidence to use in something else. That could be the definition of an abusive process. There’s others that say that yeah, but you’re allowed to do it. There’s nothing says that I can’t do it. So if my intent was to get additional information by filing this lawsuit, it doesn’t matter if it was dismissed a lot. It was it was legal. And so that’s kind of the argument. And they was like, “Yeah, but you’re you’re kind of looking at them sideways.” And so at the very least, you know, and very early on we were speculating about whether or not whatever they obtained through that subpoena was going to be admissible at trial because of the shady way they went about it. At the very least, it’s going to go to the trier of facts as a a huge blow to the credibility of Lively side and the way that they conducted themselves, the way that they accumulated evidence, the way that they appear to have invited um PR, uh whether it be negative or otherwise, they’ve tried to maneuver and manipulate this litigation, all of that’s coming out. And in a case where you don’t have any receipts, and it really comes down to your version of events versus his version of events, credibility is everything. Right. And so, yeah, it’s going to raise its ugly head and the time that it’s going to happen is at trial. Now, the Vanzam the van the van the Vanzan stuff is not the case. It’s important to understand that like this case is about sexual harassment, contract breach of stuff, all those things, right? That’s the the the main crux of this trial. the the Vanzan subpoena is largely a sideshow, but it can be used and it will be used in the context of building or destroying credibility between the parties and that’s really where you’re going to see it. And I think that’s why you’re only really it’s starting to resurface for the MSJ. This is essentially a preview of how they’re going to defend themselves. Of course, the Vanzant stuff is going to come in in some capacity and the way that they’re going to use it. Um, if there’s not some motion in limony to try to exclude certain evidence based on the uh way that they obtain a subpoena, it’s 100% going to be used to sway the jury and get them to this proposition that Blake Lively is a shady individual. Everything she does is shady. The way she went about and conducted herself on set was shady. the way that she tried to erase Justin Baldoni from taking credit from this movie, inputting herself and kind of kicking him to the curb um while threatening him with all of these complaints was shady. And so therefore, they’re going to find accordingly. Yeah. I mean, all that shadiness, I imagine this is evidence she would fear, right? Her and her team must not want to go down this Vanam direction any further. They they’ve played, oh no, we did it right. Leave it alone. Let’s move on. But the more we have to keep knocking on that door, I imagine the more scared they get. Correct. Well, I think that part of um part part of Baldon’s strategy has been that look, we have this weapon. It’s in our back pocket. We can bring this whenever we want. They could have brought and they could have made an issue about this like 8 months ago or whenever it was when this originally surfaced. Um but they’ve kept it in their tool chest of tools. Um, and they, uh, Lively’s team has had to necessarily prep for what are we going to do when they drop the Vanzan uh, bombshell. I mean, not a bombshell, but they’re going to have to defend it. So, they’ve had to spend a lot of time and energy previewing how they’re going to respond to the Vanzan stuff. And now it’s starting to come to roost because the MSJ is coming. The next thing that’s coming is trial. And if they leave, well, check this out. if they leave it in just for trial purposes, if they leave it in and they’re allowed to ask questions about it and cross-examine on it um and make it a big deal at trial, maybe their strategy is if we do we even want this out, do we even want this excluded? Because we can use this as a tool to undermine credibility at the time of trial, right? It could just be trial strategy. And everybody’s wondered like, why have they not done anything about this? Because there’s a million different things you can do and and what’s the most important thing? Making sure you win the trial. And so, and save some quivers in your bow, right? In your in your your your uh your what’s what are they called? The arrows in Oh, the the the arrow. I know what you mean. Arrow the arrow case. The arrow case. Exactly. Sounds less. I I was so close to sounding smart and I didn’t. Uh well said. I I love how they piece this out. I always love your insight, guys. Make sure, like I said earlier, if you haven’t already, go subscribe to The Tilted Lawyer over on YouTube. Uh, subscribe there, subscribe here by hitting the bells once you hit the button. Make sure you click all alerts. That way you actually get notified, otherwise you won’t. And when you get those notifications, always smash the like, leave your comment, get engaged. Always a pleasure, sir. Thank you so much for being here. Thank you all at home for watching. Stay tuned. We got a lot more coming. This case seems like it’s never going to end with anybody. [Music]

Working Title: What Evidence Does Blake Lively FEAR!? Lawyer Explains Veiled WARNINGS In The MSJ!

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