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FORGOTTEN HISTORY: 8 | History Defined

Slurs When Discussing Rap, Duty of Fair Representation, and Union's Attempt to "Balance the Racial Sensitivities"

From Magistrate Judge Stewart Aaron's Report and Recommendation today in Kelly v. Comm. Workers of Am. (S.D.N.Y.), the factual allegations (assumed to be true for purposes of the motion to dismiss, though of course there hasn't been any finding yet about what the facts actually were): Plaintiff, a Caucasian male,…

Reason

First Amendment Claim of Professor Fired Over Article Claiming Race-Based Genetic IQ Differences …

can go forward, rules a federal judge, denying Cleveland State University's motion to dismiss.

Reason

No Pseudonymity for #TheyLied Plaintiff Suing for Libel and Invasion of Privacy Over Rape Accusations

From Judge Nina Wang yesterday in Doe v. Roe (D. Colo.); note that I filed an objection to plaintiff's motion for pseudonymity: According to the allegations in the Complaint …, Plaintiff and Defendant dated for nearly a year while enrolled at Tulane University …. After their relationship ended in October…

Reason

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Former NYPD Commissioner Bernard Kerik accused of strong-arming man over defective PPE lawsuit

NEW YORK — Former NYPD Commissioner Bernard Kerik tried to strong-arm a Staten Island man who is suing a personal protection equipment company, intimidating the plaintiff and his associates to discourage him from going public about his complaints, according to court documents.

Tribune News Service

Alleged Panama Papers Leaker Allowed to Proceed Pseudonymously in Breach of Contract Lawsuit Against Germany

But the court insisted that the alleged leaker file identifying information under seal with the court, notwithstanding the alleged leaker's claim that the court computers could be hacked.

Reason

North Carolina House speaker accused of trading group sex for political favours

‘Our marriage was a nightmare, and since I left him it has gotten worse. We are reaching the end of our divorce process and this is how he’s lashing out,’ wife says

The Independent UK

No Pseudonymity for Plaintiff in Medical Data Breach Case

"[A]n individual's name is not sensitive data in and of itself, and Plaintiff does not explain how publication of Plaintiff's name would place Plaintiff's data at further risk."

Reason

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DJ Paul Oakenfold accused of sexual harassment by former assistant

The DJ, who denies the claims and describes them as baseless, is accused of masturbating in front of the PA, in incidents of increasing severity

The Guardian - UK

First-Grade Teacher's "Pursu[ing] Her Own Transgender Agenda Outside the Curriculum" May Violate Constitutional Parental Rights

Some excerpts from the long decision in Tatel v. Mt. Lebanon School Dist., decided yesterday by Judge Joy Flowers Conti (W.D. Pa.) (and see also the earlier decision in the case): This case involves the extent of parents' constitutional rights when a public school permits a teacher to inculcate the…

Reason

No Pseudonymity in Lawsuit Alleging Virginia Military Institute Hazing

From Anonymous v. Bennett, decided May 3 by Roanoke County Judge Charles Dorsey: Virginia Code section 8.01-15.1 permits a Plaintiff to proceed anonymously under a pseudonym "if the anonymous litigant discharges the burden of showing special circumstances such that the need for anonymity outweighs the public's interest in knowing the…

Reason

Kicking Out Paid Conference Attendee May Be Breach of Contract—but His Returning Is Still Criminal Trespass

A case stemming from a "Holocaust revisionist's" expulsion from a conference on "Mennonites and the Holocaust."

Reason

Lawsuit: Police Officer Broke a 61-Year-Old Woman's Leg, Then Bragged He 'Man-Dropped' Her

Before assaulting her, the cops taunted her for being homeless, she claims.

Reason

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

Title IX Sexual Assault Cases and Extraterritoriality

From today's decision by Judge Paul Maloney (W.D. Mich.) in Doe v. Calvin Univ.: In 2020, Plaintiff Jane Doe attended Calvin University in Grand Rapids, Michigan. Calvin University offered a study abroad program in the Philippines with Silliman University, a private university in Dumaguete, Philippines. Silliman University selected some of…

Reason

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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

No Temporary Restraining Order Against Critic of Israeli Muslim Institution,

who allegedly accused it of being an agent of the Israeli government and "refer[red] to individuals associated with the Academy as pigs and use[d] porcine imagery to insult those individuals."

Reason

"The Duration of This Divorce Action and Post-Judgment Proceedings Is Approaching the Quarter Century Mark"

From New York trial judge Ariel Chesler's opinion last month in Z.U. v. F.U., just the introduction: The duration of this divorce action and post-judgment proceedings is approaching the quarter century mark. But, neither that length of time nor the fact that this is the 50th motion sequence fully captures…

Reason

"Plaintiff Alleges He Fronted Howell Drugs in Exchange for a Promise to Pay Plaintiff Within the Week"

From McElrath v. MetaQuest, decided Friday by Magistrate Judge Kaymani West (D.S.C.): Plaintiff alleges he fronted Howell drugs in exchange for a promise to pay Plaintiff within the week. Plaintiff claims he and Howell agreed that Plaintiff would be allowed to confiscate Howell's enclosed trailer if Howell failed to pay.…

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Reason

Police Officer's Defamation Suit Over Claims That Circled-Finger Sign Was "White Supremacist" Dismissed

There's finally a substantive decision in Olthaus v. Niesen, the case in which I argued before the Ohio Supreme Court challenging a pretrial prior restraint on defendant's publishing plaintiff's name, and in which my invaluable pro bono counsel Jeffrey M. Nye (Stagnaro, Saba & Patterson) argued on my behalf challenging…

Reason

Libel Suit by Gen. Michael Flynn's Sister Against CNN Dismissed

I'm too slammed today to comment in detail on it, but I just thought I'd note the decision handed down today by Judge Mary Scriven (M.D. Fla.) in Valerie Flynn v. CNN: Plaintiff, a citizen of Florida, is a private individual and sister to Retired General Michael Flynn. Plaintiff's suit…

Reason

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

Interesting New Contractual Due Process Lawsuit by Former Harvard Business School Professor

The case, filed by, among others, lawyer and FIRE co-founder Harvey Silverglate, is Edelman v. President & Fellows of Harvard College; an excerpt: Plaintiff Benjamin Edelman brings this suit in law and equity to correct the harm that Harvard University has caused to his career, livelihood, and reputation by unlawfully…

Reason

No First Amendment Protection for 12 Cypress Trees,

when plaintiff's "connection to his trees [was] rooted in a vague and indeterminate concept of spirituality, quantum physics, and cosmic mechanics."

Reason

Lawsuit Over Blocking of Portland State Prof. Bruce Gilley from @UOEquity Twitter Feed Can Go Forward

"The evidence is sufficient to raise [but not to resolve] serious questions on the merits of Plaintiff's claim that Defendant stabin blocked him on account of his expression of a viewpoint."

Reason

Private Employee's Claim That He Was Fired for Political Tweet Can Proceed Under California Statutes

In Surdak v. DXC Technology (decided Dec. 20 by Judge Stanley Blumenfeld, Jr. (C.D. Cal.), but just posted a few days ago on Westlaw), plaintiff claimed he was fired (1) because of his "complaints … that he was not being paid all his wages" and (2) "in retaliation for posting…

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