Blake Livelys public relations representative is arguing that she should be dismissed from the legal standoff between the actress and Justin Baldoni because she never defamed the It Ends With Us director.

Leslie Sloane of Vision PR, in a motion filed in New York federal court on Thursday, says that the allegedly false statements cited in Baldonis lawsuit are opinions that cant be subject to a defamation claim. She also argues that the assertions are largely true, pointing to the absence of an explicit denial from Baldoni that he sexually assaulted Lively. By Sloanes thinking, Baldoni isnt denying the majority of misconduct for which hes accused but is instead trying to contextualize the behavior. She claims she was dragged into the criss-crossing lawsuits as a smoke and mirrors exercise to distract from their own sexual harassment and systemic retaliation.

Baldoni has consistently challenged all of the allegations detailed in Livelys lawsuit, including accusations of sexual assault. He accuses Sloane orchestrating a smear campaign to portray him as a sexual predator by planting false stories, mainly at the Daily Mail.

Among the many reasons the high profile dispute has fixated Hollywood is the ensnaring of public relations firms that typically stay behind the scenes.

The alleged defamation concern statements from Sloane that the whole cast doesnt like Justin, the whole cast hates him, and Blake was sexually assaulted. Some were made in response to a press inquiry about a story she says Baldonis team planted days earlier over Lively causing problems on the set of the movie.

Sloane argues that the first two assertions are hyperbolic personal sentiments incapable of being proven true or false, meaning that they cant be subject to a defamation claim.

The statement Blake was sexually assaulted, likewise amounts to inactionable opinion given the context in which it was made, writes Sigrid McCawley, a lawyer for the PR rep, in the filing, which stresses that the accusation is the Daily Mail reporters characterization of details included in Livelys administrative complaint filed with the California Civil Rights Department that sparked the feud and not any words Ms. Sloane ever said.

Regardless of whether the statements can be understood as opinions, Sloane also argues that the statements are substantially true. She cites details in Baldonis lawsuit that the cast shun[ned] the director to side with Lively, going as far as refusing to attend [the premiere] if the director was present.

Nor do the Wayfarer Parties meaningfully deny the truth of the underlying facts for the alleged statement that Blake was sexually assaulted,' the filing states. For instance, Ms. Lively alleges that Baldoni engaged in sexual contact without her consent, including by bit[ing] and suck[ing] on her lower lip during a scene in which he improvised numerous kisses on each take. The Wayfarer Parties do not expressly deny this conduct, and merely argue that Baldoni did not need Ms. Livelys permission to improvis[e] because he was purportedly in character and this behavior was apparently acceptable on the show Jane the Virgin.'

Part of the courts analysis could involve an examination of the legal meaning of sexual assault. Baldonis unwanted sexual conduct likely falls within New Yorks definition of the term, claims Sloanes legal team, which cites a court case in which a person who caressed a coworkers foot and hugged her from behind were sufficient to allege forcible touching.

Other arguments Sloane, who seeks legal fees from Baldoni under a New York law that allows for the early dismissal of lawsuits intended to chill free speech, advances revolve around the director failing to allege actual malice, a necessary component to a public figure such as the director advancing a defamation claim. It requires proof that the accused made defamatory statements with knowledge they were false or were recklessly indifferent to their truth.

Sloanes move to dismiss herself from Baldonis lawsuit comes after Lively filed a revised lawsuit in which she says that two other actresses on the set of the film are prepared to testify over their own allegedly uncomfortable experiences with Baldoni. Sources have indicated the two women Jenny Slate and Isabela Ferrer. Slate is a veteran comic and actress known for roles inParks and RecreationandEverything Everywhere All at Once. Ferrer is a newcomer to the industry and was only around 23 at the time of filming, when she played the younger version of Livelys character.