Flaawsome Talk with Kjersti Flaa - EXPLOSIVE： Blake Is TRAPPED !!？

00:00:00.000 We have some new explosive filings today.

00:00:08.560 Hi and welcome to Lossam Talk.

00:00:10.300 I'm Tash de Floor, journalist, Hollywood truth teller,

00:00:12.860 and your voice of reason in a town built on delusion.

00:00:17.260 Talking about delusion, we have some new explosive filings today.

00:00:23.820 Wayfair Party sent a letter to the judge saying,

00:00:26.120 hey, we're not going to argue what Blake is claiming that she spoke up about a hostile

00:00:32.860 environment. We're going to say to the jury, hey, let's just pretend that that happened and take it

00:00:39.340 from there. We don't need to go into the facts that she's claiming happened. Let's just pretend

00:00:44.760 that it happened. It might look like they're admitting guilt here, but that's not at all

00:00:49.620 what's happening. And Blake Lively's team filed a letter to the judge saying this is what we want

00:00:55.000 the jury instructions to be before we start this trial this is the information we're going to feed

00:01:02.100 them and we're not going to allow the wayfair parties to say to the jury that hey we just

00:01:08.640 defended ourselves this wasn't actually retaliation we would have acted like this no matter what yes

00:01:16.260 this is really important stuff going on right now also i wanted to talk about this article on fox

00:01:21.640 Digital about how Blake is planning to drag Johnny Depp and Amber Heard into this case.

00:01:28.800 They all agree it's a horrible, horrible idea. So yesterday, Wayfair parties filed a letter to

00:01:36.820 the judge saying, hey, we're okay that the jury is instructed that there was an event that Blake

00:01:44.200 complained about, that she complained about a bad work environment. We're okay with that.

00:01:50.440 And the reason why they're saying that is because they don't want Blake Lively to spend a week at trial explaining to the jury what it was like on the set and bringing in Isabella Ferrer, bringing in Jenny Slate as witnesses to explain all the horrific SH that was going on behind the scenes.

00:02:10.760 They don't want her to try and win over the jury by feeling sorry for her, having to go through such a horrific work experience.

00:02:18.540 and that's why they're saying to the judge you know hey we're okay with just skipping that and

00:02:23.520 it will also shorten the trial because we don't have to go through all these events that Blake

00:02:27.920 is claiming that happened we're just assuming it happened for the sake of making this job easier

00:02:33.880 on the jury and as you also know her SH claims were dismissed by the judge so why bring all of

00:02:43.060 that up in courts is unnecessary. I think that's a really valid point and I'm sure the pro Blake

00:02:50.560 Vively team is going to spin this to say that hey they just admitted that all of this happened

00:02:57.360 and I'm sure there's also going to be some headlines about it saying Justin Weldon just

00:03:02.620 admitted all these things that Blake claims in that 17 point letter and all the other things

00:03:09.180 and all the other times she has complained about things he's just saying yes it happened but that

00:03:14.860 is not the case just so you know this is pure strategy if Blake's team is arguing against this

00:03:22.840 it kind of looks bad on them as well because then they're like hey we want to argue all these things

00:03:28.560 happened and the wayfair party already said okay let's just assume it did but of course they are

00:03:33.680 going to try to fight this because they want the jury to believe that Blake was s-aged on that set

00:03:39.960 and that's why they retaliated against her. So basically they're just skipping one step here.

00:03:45.720 They're saying okay let's just pretend that she did speak up. Now the big question for the jury is

00:03:51.680 did we retaliate against her for that or did we just act the way we would have acted anyways

00:03:59.080 in a situation that we were in.

00:04:01.520 So today, Blake Wiley's team filed a letter to the judge saying,

00:04:05.060 hey, we want this to be the jury's instructions.

00:04:09.240 And they're saying, we won't allow the Wayfair parties to argue

00:04:13.540 that they didn't retaliate at all.

00:04:16.360 And then also be able to say, hey, we would have done this anyway.

00:04:20.940 We would have hired this PR crisis team no matter what.

00:04:24.920 They're like, you don't get to have a backup excuse like that.

00:04:28.160 So why this is so powerful defense from the Wayfair parties, it's because they're basically saying you can win that argument if the jury believes that the Wayfair parties would have acted this way that they did hiring this crisis PR team, maybe pushing some positive posts about Justin Baldoni, which is a very natural thing to do for a PR team.

00:04:48.900 That's why you hire them in the first place, to highlight positive press about your client.

00:04:54.520 And if the jury believes that, then Blake gets zero in damages.

00:05:00.900 And Blake's team wants to stop that from happening, obviously.

00:05:04.840 So they're saying, no, they can't use that as defense.

00:05:07.220 So they're saying everything that the Wayfair party did, they did to retaliate against Blake because of her complaints.

00:05:18.400 Blake's team is saying that they can't use the argument that they were defending themselves.

00:05:23.000 So the reason why this is bad for Blake is because the Wayfair parties could say,

00:05:27.300 yes, she was treated badly.

00:05:29.480 Yes, maybe there was retaliation.

00:05:32.880 But we also had another reason to act the way that we did or to react the way that we did at the time.

00:05:39.800 And that also means no damages for Blake.

00:05:43.480 So of course, Blake's team wants to remove that option.

00:05:46.860 They want it plain saying, yes, there was retaliation, Blake wins a lot of money, or no, there wasn't retaliation, Blake loses.

00:05:54.020 They don't want this middle way saying that, okay, there might have been other reasons why the Wayfair parties acted the way that they did.

00:06:01.960 They want that out.

00:06:03.040 Also, the interesting thing here, because FIHA still exists in her complaint,

00:06:08.340 and as you know, we're still waiting for the judge to rule on judgment on the pleadings,

00:06:13.180 because the Wayfair Party adjusted that motion a few weeks ago saying, hey, judge, you know,

00:06:19.480 you should toss out this claim as well. As you know, Blake has three claims left and this is one

00:06:24.140 of them. And they're saying that she can't claim FIHA, which is California regulations, California

00:06:30.980 employment and housing laws. She can't claim those because she filed this lawsuit in New York,

00:06:36.240 as you know. And the judge hasn't ruled on that yet. And if he rules on that and dismisses it,

00:06:42.120 It's also a big chance that he will automatically also toss out the claim against TAG, the crisis

00:06:48.580 management company, who is sued for helping the Wayfair parties to smear Blake Lively.

00:06:54.480 And the thing with this California law is that Blake doesn't even have to prove that

00:06:59.480 anything happened. 0.87

00:07:00.520 She doesn't have to prove she was S.H., she doesn't have to prove a toxic environment.

00:07:04.800 All she has to prove is that she felt that it happened and she spoke up about it.

00:07:09.700 So if the judge still allows that, she would only have to argue that she believed something

00:07:14.820 happened to her and she spoke up about it and the Wayfair party retaliated against her because of

00:07:19.600 that. Okay, so let's talk about when this gets really dangerous for Blake and let's also go

00:07:24.140 through what the experts are saying about Blake dragging Johnny Depp and Amber Heard into her

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00:09:23.940 Okay, so let's talk about what Blake Lively believes are her protected activities.

00:09:30.560 A protected activity is the event that happened that made Blake Lively stand up for herself and complain about something.

00:09:39.980 So as I said before, she's pointing to this list of 17 points that she got the Wayfair Party to sign for her to return to work.

00:09:48.400 and those points were like no more of this and that a lot of no more of this and that that never

00:09:53.460 actually happened and a lot of it was connected to nudity to intimate scenes things that wasn't

00:10:01.540 even shot yet but if you present that list in front of a jury it may seem like all of these

00:10:06.800 things had already occurred because of the language in that list but anyways that is one

00:10:13.580 of the protected activity that Blake claims that she spoke up about. Then she also claims that her

00:10:20.360 protected activity is her own lawsuit and the CRD complaint. As you know, Blake believes that Brian

00:10:28.600 Friedman smeared her, Justin Baldoni's attorney smeared her when he came out with all the receipts

00:10:35.280 from Justin Baldoni's side and when they countersued her. And she's saying they're not

00:10:41.500 allowed to countersue me because what I did is protected under law in California you're not

00:10:47.860 allowed to retaliate against someone who claims sh against someone so this is really tricky the

00:10:56.220 wayfair parties are saying we should be allowed to defend ourselves against a lawsuit and say

00:11:03.020 hey none of these things happened these are lies and we are going to sue you back for lying about

00:11:10.720 us in the media in that New York Times article. So we won't allow the public to only see your

00:11:17.480 narrative. Blake, in Blake's mind, her narrative is the only narrative that the public should be

00:11:24.720 aware of. She's saying that he should not be allowed to even speak his mind and say that this

00:11:30.520 didn't happen. So she's saying you sued me for what I said in my complaint and in that New York

00:11:36.100 Times article and that's illegal. If this is how narrow this law really is and if the judge allows

00:11:42.660 that, that means that you can never defend yourself against someone who's claiming you harassed them.

00:11:50.240 That is crazy to me. So the way for a part is we'll say that we didn't act because she actually

00:11:55.860 complained about something or that she filed this complaint. We acted because she made false and

00:12:03.300 damaging statements about us and that is that is not about speaking up and here is another

00:12:08.560 protected activity that she claims you know she spoke to a lot of people in text messages and

00:12:13.400 whatever and she's claiming that they retaliated against her because they thought she was going to

00:12:20.060 speak up so even if she hadn't formally spoken up yet they still retaliated against her because

00:12:26.640 they were suspicious that she would do it so here's where it gets really dangerous for blake

00:12:31.460 Because if the judge allows the Wayfarer Party strategy here saying that let's pretend that we all agree that something happened that you spoke up about, then if the jury believes that the Wayfarer Party acted the way they did because they would have done so anyways, because they would have hired this crisis PR team anyways, because they needed to protect themselves and they needed to get the real story out there.

00:12:59.500 and they needed to support Justin Baldoni's narrative in this.

00:13:02.940 If the jury believes that, then they could also believe that Blake was treated badly,

00:13:08.500 but it gives her zero damages.

00:13:12.240 And that's, of course, why Blake wants to block that defense.

00:13:16.340 So if Blake wins this argument, it will look to the jury like normal PR,

00:13:22.240 like Justin Baldoni's team did during the crisis of It Ends With Us,

00:13:26.360 the PR crisis that occurred, then they will say that automatically just hiring PR and acting the

00:13:32.960 way you did, that is retaliation. And that means that they would have to pay damages to Blake for

00:13:39.280 that. As you know, there's been a lot of talk about what experts and witnesses to allow into

00:13:45.140 the trial. We don't know more about that at this time, but this is really interesting to see what's

00:13:50.420 happening right now and how the strategies from both sides here are going to be and what the judge

00:13:57.600 will actually allow because he has to decide on this eventually and I don't know when that's

00:14:02.520 going to happen but of course I'm going to keep you updated. Anyways let's get into this article

00:14:07.560 on Fox Digital. Quite interesting. So it's saying here that Blake Lively's decision to invoke the

00:14:12.660 Depp Hurd saga could backfire in court of public opinion. Experts warn. Blake Lively's April 17

00:14:20.060 In filing claim, Justin Baldoni's team hired a crisis PR strategist

00:14:23.880 tied to Johnny Depp's legal battle with Amber Heard.

00:14:27.340 As you know, Melissa Nathan, who was no longer a part of this lawsuit, by the way,

00:14:32.280 it's only her company that's part of this.

00:14:34.200 She's not personally a defendant anymore,

00:14:36.440 but she also worked or her company also worked with Johnny Depp.

00:14:41.140 And of course, Blake is trying to connect these two cases

00:14:43.800 because Amber Heard claimed there was a bot factory going against her,

00:14:47.840 smearing her on the internet and that's why she lost this lawsuit and that's why she became so 0.65

00:14:53.620 unpopular and Johnny Depp and his PR team was behind that. Exactly the same thing Blake is

00:14:59.440 claiming that Melissa Nathan and her company did to her. So of course that's why she strategically

00:15:04.960 wants to bring this in front of a jury. But here a lot of different experts they've spoken to think

00:15:10.680 that this is a terrible terrible idea. So here they have an expert his name is Doug Eldred and

00:15:16.160 he's explaining why, how Blake Lively came out first with her narrative, but then Justice

00:15:21.360 Baldoni came out with his side of the story and he brought the receipts, he brought all the facts

00:15:26.240 and he swayed the public opinion. So now the general public is on his side and he's saying

00:15:31.900 that if Depp Heard is a reference point for Blake, this might not end up as Lively intended.

00:15:38.580 When she set these wheels in motion, extraordinary accusations require extraordinary proof

00:15:45.940 not your feelings, but the immutable set of facts you can prove to a reasonable standard.

00:15:52.980 As you know, this entire lawsuit is basically based on Blake Lively's feelings. And here they

00:15:58.260 spoke to an entertainment lawyer. His name is Jordan Matthews. And he says, Blake Lively's

00:16:02.980 new legal strategy, intentionally linking herself to Amber Heard, is a huge risk. And she could be

00:16:09.920 effectively cutting off her nose to spit her face. It is absolutely true that digital smear 0.97

00:16:16.060 campaigns exist, and they are often used to discredit parties and witnesses, especially

00:16:22.040 those who lack power and resources, which is clearly not the case for Blake Lively. He also

00:16:29.860 explains that narratives can not only shape media headlines, but also juror perception. According

00:16:35.540 to Matthews, it's not a good idea to intentionally link herself to Amber Heard, whose loss to Johnny

00:16:41.960 Depp was devastating, not only financially, but also in terms of a career and public image.

00:16:48.320 He's saying here, if the court rules that the jury can hear testimony about the Johnny Depp-Amber

00:16:53.540 Heard trial, then each side's lawyers will certainly ask potential jurors about their

00:16:59.000 opinions of that case. And jury selection will be absolutely critical to the outcome if this

00:17:05.460 case actually goes through a verdict that's so interesting so if the jury is asked what is your

00:17:11.860 opinion about the outcome of the Johnny Depp case if they're saying I really supported Johnny Depp

00:17:17.140 in that case and I thought you know and I thought Amber Heard was lying then Blake Lively's team is

00:17:23.700 not going to allow that jury member as far as I understand this maybe this is why they want to

00:17:28.760 actually bring this in to exclude some jury members I also learned this morning that the

00:17:34.980 jury doesn't have to even be 12 people it could be a much smaller amount of people so all of these

00:17:40.040 things are obviously very crucial and here Trey Lovell who's an entertainment attorney is saying

00:17:44.460 that there is no established connection there are two these are two separate instances that are

00:17:50.800 unrelated and is irrelevant as to what mental effect the use of such a firm had on Blake Lively

00:17:57.260 plus the admission would be unfairly prejudical and may improperly affect a jury to make decisions

00:18:04.500 that are not based on relevant evidence.

00:18:07.560 And this other expert added that invoking the Depp-Herd saga

00:18:11.780 risks reminding the public how quickly a dominant narrative can collapse

00:18:16.220 once evidence is tested in court.

00:18:19.540 And he continues, Lively's team derives no benefit from those comparisons.

00:18:24.560 Herd's team had so effectively painted Depp as an abusive degenerate

00:18:29.520 that he was removed from a nine-figure Pirates franchise

00:18:33.020 and was unofficially blackballed in Hollywood.

00:18:37.120 When they finally got to court, her claims fell apart.

00:18:43.300 That's the last thing I'd want to frame in the mind of the general public.

00:18:48.100 This is Amber Heard 2.0.

00:18:52.700 Yes, there you have it.

00:18:54.140 So much is going on right now and I'll promise to keep you guys updated

00:18:57.460 from all the new filings and there's going to be a lot of things

00:19:01.120 the judge has to decide on before this trial so as we're waiting for the rulings I will keep you

00:19:07.840 guys updated on everything thanks again for watching and if you haven't subscribed yet

00:19:12.920 please do hit the notification bell so you never miss an episode of Flossom Talk and I'll see you soon

Flaawsome Talk with Kjersti Flaa - May 01, 2026

EXPLOSIVE： Blake Is TRAPPED !!？

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