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In Blake Lively / Justin Baldoni Cases NY Rule on Lawyer Statements Enforceable in SDNY

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 3 – In the Blake Lively v. Justin Baldoni lawsuits, a hearing was held on February 3 before U.S. District Court for the Southern District of New York Judge Lewis J. Liman.

  In a written order after the hearing, Judge Liman ruled that "By consent of the parties, Rule 3.6 of the New York Rules of Professional Conduct is adopted as an order of the Court applicable to all counsel of record. Breach of this Rule may be punished pursuant to Rule 16(f) of the Federal Rules of Civil Procedure or the Court’s inherent power" - that is, any future fights about the NYS rule will be before Judge Liman in SDNY. Order on Patreon here.

  Inner City Press was there with live coverage, from the thread:

Judge Liman: Mr. Gottlieb, do you wish to be heard on pre-trial publicity?

Lively's lawyer Gottlieb: The issue is straight forward. The conduct of Mr. Freedman has violated NY Rules of Professional Conduct - they prohibit extra-judicial statements like this

Baldoni's Freedman: On Jan 2 they said, Nothing changes anything about Ms. Lively's claim, we encourage people to read her complaint. Judge Liman: You could have said that, review our pleadings. But you went further Freedman: They said, sex harassment is illegal

Baldoni's Freedman: My client suffered 100s of millions of dollars in damages. We're willing to stipulate to the local rules- Judge Liman: I will adopt the Rule, with some reluctance. Still, I don't want satellite litigation about statements of the lawyers

 Judge Liman: If it turns out this ends of being litigated in the press I may accelerate the date of the trial. Unless this case is settled, a jury will speak. Baldoni's Freedman: Damage is done before a jury speaks. Judge Liman: I get it. Adjourned

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