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UNCOVERED: 5 - Caught on Camera

"If He Did Not Want to Be Called a 'Rioter,' Plaintiff Should Not Have Admitted … to 'Participation in … [a] Riot'"

Plus, the significance of omitting "IDK."

Reason

No Pseudonymity in Lawsuit Challenging N.Y.'s Involuntary Commitment System as It Affects Gun Rights

In P.D. v. Sullivan (S.D.N.Y.), plaintiff alleges: New York State Mental Hygiene Law 9.39 is used to admit individuals to a hospital solely for emergency observation and evaluation as a person "alleged" to have a mental illness. An admission under MHL 9.39 is not a formal adjudication that an individual…

Reason

Inventing Anna Defamation Case Against Netflix Can Go Forward

From today's decision in Williams v. Netflix, Inc. by Chief Judge Colm Connolly (D. Del.), which denies Netflix's motion to dismiss (for more backstory, see here): Plaintiff Rachel DeLoache Williams has sued Defendant Netflix, Inc. based on Netflix's portrayal of Williams in its docudrama series Inventing Anna…. Here, at least…

Reason

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Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,

under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."

Reason

#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,

and so can the professor's Title VII and Title IX discrimination claims against the university.

Reason

$160K Libel Verdict for Ex-Student Based on Professor's Research Misconduct Allegations

In Rossi v. Dudek (D. Utah), plaintiff sued her former professor for libel, based on his allegations that she had committed research misconduct. Such allegations of misconduct that are made within an employer or an educational institution are often "conditionally privileged," which means (to oversimplify) that liability is only allowed…

Reason

Theater Producers Have First Amendment Right to Choose White Actor Instead of Black

From Moore v. Hadestown Broadway Ltd. Liab. Co., decided Thursday by Judge Loretta Preska (S.D.N.Y.): Plaintiff Kim Moore is a black woman who works as an actress. Defendant is a company that produces and stages "Hadestown," a musical that runs on Broadway …. On or about January 30, 2020, Defendant…

Reason

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Revenge Porn Dispute Can't Be Completely Sealed

The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.

Reason

No Pseudonymity for Woman Suing Alleging Rape by Sean "Diddy" Combs

From yesterday's decision by Judge Jessica Clarke (S.D.N.Y.) in Doe v. Combs: Plaintiff alleges that Combs, Pierre and the Third Assailant … gang raped her when she was {17 years old} [and under the influence of drugs and alcohol they supplied] …. The Court recognizes that public disclosure of Doe's…

Reason

Sexual assault case against Aerosmith's Steven Tyler dismissed as judge rules his alleged actions did not pose “serious risk of physical injury”

US judge dismisses former model's case against Steven Tyler on allegations dating back to 1975

Louder

School's Referring to Student by Student-Preferred Name and Pronouns Likely Doesn't Violate …

the parent's constitutional parental rights, including when the school conceals this from the parent.

Reason

If Lawyer Representing Himself Is "Unable to Keep His Personal Feelings out of His Pleadings and the Way He Litigates This Case,"

"he might want to consider hiring an attorney to represent him in this case."

Reason

Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court

"Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."

Reason

Lawsuit Over UC Santa Cruz's Diversity Statements Dismissed on Standing Grounds

The court concludes that, because the plaintiff hadn't applied to be hired, he didn't have standing to challenge the policy.

Reason

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Reason

What If Your Children's Bickering Never Stops?

The case caption promises a mix of Bill & Ted's Excellent Adventure and Harold & Kumar Go to White Castle: The plaintiff styles himself "The Excellent Raj K. Patel, the Excellent from All Capacities" and the defendants are Patel and Kumar. But Wednesday's opinion in Patel v. Patel by Judge…

Reason

"Pseudonymity Is Unavailable" When "Plaintiffs Seek to Gag Sexual Assault Accusers"

From Levy v. Shuster (né Doe v. Roe), handed down Nov. 28 but just unsealed yesterday, following the expiration of plaintiff's time to appeal: Background. According to the allegations in the First Amended Complaint and Jury Demand …, Plaintiff and Defendant dated for nearly a year while enrolled at Tulane…

Reason

Failed Candidate's Lawsuit Against Anti-Defamation League Thrown Out

Today's decision by Magistrate Judge Jill Morris in McClanahan v. Anti-Defamation League (W.D. Mo.), rejects plaintiff's libel claim; here's an excerpt: Plaintiff, a recent political candidate in Missouri, initiated this lawsuit contesting an article entitled "ADL Researchers Identify Failed Extremist Candidates in Missouri and North Carolina," that was published on…

Reason

Getting Dartmouth to Revoke Plaintiff's Admission Wasn't Speech on Issue of Public Interest,

under California's "anti-SLAPP" statute (which allows for prompt dismissal of claims brought based on certain kinds of speech).

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Reason

Court Denies Plaintiff Pseudonymity in #TheyLied Libel Suit Stemming from Alleged Stealthing by 17-Year-Old

From a decision last week by Judge Robert Pitman in DL v. JS (W.D. Tex.): Plaintiff dated ES from September 2021 to January 2022 when they were both in high school. On December 18, 2021, Plaintiff and ES were having intercourse when Plaintiff removed his condom without ES's knowledge. ES,…

The Independent UK

Jeffrey Epstein victim sues Ghislaine Maxwell ahead of New York Survivor’s Act deadline

Elizabeth Stein claims to have been in a three-year abusive relationship with the couple

Reason

Maryland Statute Banning Attempts to Influence Judges and Jurors Through "Corrupt Means" Upheld

The case arose following plaintiff's arrest, allegedly for telling Justice Kavanaugh's wife that "he might ruin [Justice] Kavanaugh's career and reputation"; but the charges against him were dropped, and he challenged the statute on its face, rather than as applied to his speech.

Reason

Characterizing Professor's Tweets as Anti-Semitic Isn't Actionable Libel or Invasion of Privacy

From Judge Gerald McHugh's decision yesterday in Tannous v. Cabrini Univ. (E.D. Pa.): This is an action brought by Kareem Tannous, a former university professor, against StopAntisemitism.org, a non-profit watchdog organization that reshared Plaintiff's social media posts with additional commentary…. [B]ecause I agree that Defendant's online blog constituted protected opinion…

Reason

Community College "Diversity, Equity, Inclusion, and Accessibility" Requirements for Teaching and Other Professional Work Violate First Amendment,

concludes a magistrate judge in recommendations to a federal district court.

Reason

Alleged "Psychic Intuition" Still Isn't Enough to Make a Federal Claim "Plausible" Enough to Withstand Dismissal

An allegedly psychic "Internet sleuth" alleged a professor was involved in the University of Idaho student murders; the professor sued; then the "sleuth" countersued.

Reason

Hunter Biden Sues for Libel Over Claims That He Tried to Sell Influence to Iran

From today's Complaint in Biden v. Byrne (C.D. Cal.): Plaintiff brings this action for defamation against Byrne because he has made, published, and repeated false and defamatory statements about Plaintiff, knowing full well that the statements are false, for the purpose of subjecting Plaintiff to harassment, intimidation, and harm. On…

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