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EXPLAINED: 6 - The Real Truth

No Pseudonymity for Plaintiff in Lawsuit That Would Further Publicize His Criminal History

From Doe v. HireRight LLC, decided yesterday by Judge Stephen McNamee (D. Ariz.): Four years ago, Plaintiff was charged with two felonies. As part of a plea agreement, he pled guilty to both charges in exchange for one of the charges being downgraded to a misdemeanor. Thus, he was convicted…

Reason

Rare Grant of Pseudonymity to a Libel Plaintiff, Where There's Evidence of Risk of Violent Attack

From yesterday's decision by Magistrate Judge Laura Lothman Lambert (M.D. Fla.) in Doe v. Predator Catchers, Inc.: [D]efendant Predator Catchers, Inc. … "has as its purported mission, the investigation into … and public exposure of sexual predators, principally those preying on minors." … [P]laintiff alleges Predator Catchers uses vigilante tactics,…

Reason

No Pseudonymity in Student's Claim That She Was Wrongly Found to Have Cheated

From Doe v. Univ. of Penn., decided today by Judge Cynthia Rufe (E.D. Pa.): At all times relevant to this action, Plaintiff was a student in Penn's Pre-Med Post- Baccalaureate Program …. Plaintiff began the Program in May 2020, and had planned to apply to medical school upon its completion…

Reason

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A Police Officer Shot and Killed a 17-Year-Old Boy as He Fled. Now, His Mother Is Suing.

"I hurt every day," said the victim's mother. "I cry all day, every day."

Reason

Ending the Epicycles of the Establishment Clause

Like abortion, separationism has distorted standing doctrine.

Reason

Should People Who Attempt Suicide Lose Second Amendment Rights, and, If So, for How Long?

An interesting decision Wednesday by N.Y. trial court judge Thomas Marcelle (Albany County), Hines v. Doe: Doe lives in terrible discomfort caused by a host of ailments. In the last three years matters have gotten worse. As a result, Doe drinks every Sunday (but only on Sunday) to cope with…

Reason

Abbott Wants to Deny Undocumented Kids a Public Education

A new bill would prohibit children not authorized to be in the country from attending public school.

Texas Observer

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Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates

"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."

Reason

Pseudonymity and Self-Incrimination

From the Seventh Circuit decision Jan. 27 in Roe v. Dettelbach, by Judge Diane Wood and joined by Judges David Hamilton and Amy St. Eve: This suit is about a person's right to have a gun part called a "drop-in auto sear." John Roe, litigating under a pseudonym to avoid…

Reason

Gag Order Bans Political Tweeter from Naming Man Who Accused American Conservative Union President of Groping

Plaintiff, a Republican political operative, had sued the ACU president for allegedly groping him: In his time involved with the Republican Party, plaintiff "has served political campaigns and political committees as a field coordinator, field director, grassroots director, and political director, among others." While working for one of these campaigns…

Reason

Walker campaign staffer lawsuit says GOP activist groped him

A staffer on Herschel Walker's Republican Senate campaign has filed a lawsuit against prominent conservative activist Matt Schlapp, accusing Schlapp of groping him during a car ride in Georgia before last year’s midterm election

The Independent UK

Court Rejects Challenge to California's Disclosure of Certain Gun Owner Records to Researchers

From Judge Larry Alan Burns' decision today in Doe v. Bonta (S.D. Cal.): Five California registered gun owners have filed suit to prevent Rob Bonta, Attorney General of the State of California, from enforcing a California law that permits the State to disclose their personal identifying information to bona fide…

Reason

Also on Religious Freedom and Abortion

From Judge Frank Easterbrook's opinion Monday in Doe v. Rokita, joined by Judge Michael Brennan and Michael Scudder: Indiana requires abortion providers to dispose of fetal remains by either burial or cremation. This mandate applies only to providers; women may choose to take custody of the remains and dispose of…

Reason

Ninth Circuit Rejects Claims That YouTube's Blocking of Content Was Compelled by or "Entangled with" Government

From Doe v. Google LLC, decided yesterday by the Ninth Circuit (Judges Margaet McKeown, Consuelo Callahan, and Lawrence Vandyke): Appellants are fourteen self-described "conservative" content creators who spent years growing their YouTube channels and amassing more than 771 million views. These channels discussed topics such as "Hunter Biden and the…

Reason

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The Independent UK

Warren Beatty: Bonnie and Clyde star sued for allegedly coercing sex with a 14-year-old in 1973

Filing accuses the actor and producer of sexual battery, sexual assault and sex with a minor

Reason

Concern About Reputational Injury Can't Justify Pseudonymity in Litigation

From Doe v. Mid-American Apartment Communities, Inc., decided Wednesday by Magistrate Judge Christopher Ray (S.D. Ga.): The Court's prior Order explained that "[a]nonymous pleading is the exception to Federal Rule of Civil Procedure 10(a), which requires every party to be named in the complaint." It also explained that "[t]he ultimate…

Reason

Presumption Against Sealed Motions to Seal

From Doe v. City of N.Y., decided Wednesday by Judge Laura Taylor Swain (S.D.N.Y.): Courts within this Circuit have tended to treat a motion to seal as a judicial document that is entitled to a strong presumption of public access. McGill v. Univ. of Rochester, No. 10-CV-6697, 2013 WL 5951930,…

Reason

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

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Reason

No Pseudonymity in Doctor's Disability Law Case

From Judge Dan Polster's opinion today in Koe v. Univ. Hospitals Health Sys., Inc. (N.D. Ohio): Plaintiff states that he was a resident physician in the Case Western Reserve University/University Hospitals Cleveland Medical Center residency program beginning in June 2019. He also states that he is a qualified individual with…

Reason

Court Rejects Avas Flowers' Libel Claims

"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad…

Reason

Wait, What About Roe?—Pseudonymity and Facial Challenges to Government Action

I've blogged a lot recently about limits on pseudonymous litigation, and readers will have gathered that I think such litigation should generally not be allowed. But "generally" isn't "always" (much more on that here), nor do I think that it should be always. (I explained in my post about Doe…

Reason

Writing About People Who Don't Want to Be Written About

How, if at all, should we try to be nice in an inherently not-nice occupation?

Reason

Court Refuses to Order Me to Remove References to Frequent Litigant from Law Review Article

My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity."

Reason

No Pseudonymous Libel Litigation, Holds Kentucky Court of Appeals in a Covington Boys Case

From Doe v. Flores, decided Friday by the Kentucky Court of Appeals (Judge Donna Dixon, joined by Chief Judge Denise Clayton and Judge Sara Walter Combs): John Does 1-10 … were minor students of Covington Catholic High School. On January 18, 2019, Does traveled with their classmates to Washington, D.C.,…

Reason

No Sealing of Files in Eviction Proceedings

From Barfield v. Doe, decided today by the Florida Court of Appeal, in an opinion by Judge Jeffrey Kuntz, joined by Judges Martha Warner & Edward Artau: The litigants in the eviction proceeding sought to shield an entire court file from public disclosure. They argued a landlord filed an eviction…

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