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UNCOVERED: 3 - The Untold Story

Amicus Brief Urging Supreme Court to Hear Pseudonymity Case

Profs. Benjamin Edwards, Jayne S. Ressler, Joan Steinman, and I—who are among the few academics who have written on the American law of pseudonymous litigation—have just filed an amicus brief in Doe v. Trustees of Indiana Univ., supporting a petition that asks the court to consider this case, and help…

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Today in Supreme Court History: August 31, 1995

8/31/1995: Students at Santa Fe Independent School District voted to allow a student to say a prayer at football games. In Santa Fe Independent School Dist. v. Doe (2000), the Supreme Court declared this prayer unconstitutional.

Reason

No Pseudonymity for Plaintiff Who Had Posted About Alleged Sexual Assault Under Her Own Name on "Are We Dating the Same Guy?" Facebook Group

Magistrate Judge Bristow Marchant's decision earlier this month in Doe v. Weston & Sampson Engineers, Inc. (D.S.C.) arose in a case where plaintiff sued alleging that a coworker had sexually assaulted her, including by "threatening her with a gun." Many (though not all) courts allow plaintiffs alleging sexual assault to…

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No Pseudonymity for Hindu Plaintiffs Challenging Enforcement of California Caste Discrimination Ban

From Hindu American Found. v. Kish, decided today by Judge Dale Drozd (E.D. Cal.): [P]laintiff HAF [and nine individual plaintiffs, including three Doe plaintiffs, seek] declaratory and injunctive relief against defendant Kevin Kish, in his official capacity as the director of the California Civil Rights Department …, for allegedly violating…

Reason

No Pseudonymity for Plaintiff Professor Who Sued Colleague and University Alleging Rape

From Doe v. St Lawrence Univ., decided earlier this month by Magistrate Judge Daniel Stewart (N.D.N.Y.), and just appealed to the District Judge: In 2022, both Plaintiff and Defendant Moralez were employed as professors at SLU. Plaintiff alleges that on April 12, 2022, she attended an off-campus meeting at Moralez's…

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Discrimination Lawsuit Against N.Y. City Official Can't Be Totally Sealed at Plaintiff's Behest

From Doe v. City of New York, decided today by Judge Gregory Woods (S.D.N.Y.): One distinguishing facet of the American legal system is its commitment to public access to the trial process. This legacy of "open justice" is as old as America itself. The plaintiff in this action asks that…

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No Pseudonymity in Libel Case Alleging False Domestic Violence Claims

From Doe v. Roe, decided today by the Ohio Court of Appeals, in an opinion by Judge Emanuella Groves, joined by Judges Eileen A. Gallagher and Sean Gallagher: Ms. Doe filed a seven-count complaint against the Roes … [alleging defamation, invasion of privacy, and related torts]…. The allegations stemmed from…

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Pseudonymity Allowed in Case Challenging NCAA's Rules Allowing Transgender Contestants in Women's Sports

Monday's decision in Gaines v. NCAA by Judge Mark Cohen (N.D. Ga.), allows two plaintiffs in a challenge to NCAA's transgender eligibility policies to proceed pseudonymously: Although [federal law] creates a "strong presumption in favor of parties proceeding in their own names …, the rule is not absolute. A party…

Reason

No Pseudonymity for Plaintiffs in Black-Lives-Matter-Poster-Related Lawsuit, Despite Fear of "Cancel Culture" Retaliation

In Cajune v. Indep. School. Dist. 194, decided today by the Eighth Circuit, plaintiffs sued to challenge the School District's permission for teachers to display Black Lives Matter posters in classrooms (but not for members of the public to display other posters, such as All Lives Matter or Blue Lives…

Reason

No Pseudonymity in Race Discrimination Lawsuit over Academic Dishonesty Finding

From Doe v. Univ. of Pennsylvania, decided Friday by the Third Circuit, in an opinion by Judge Tamika Montgomery-Reeves, joined by Judges David Porter and Jane Roth: In 2020, Doe enrolled as a student in UPenn's Pre-Med Post-Baccalaureate Program …. She planned to complete the Program in Spring 2021 and…

Reason

No Pseudonymity for Student Challenging University Discipline in Non-Sexual-Assault/Harassment Case

"The disciplinary proceedings arose from Plaintiff's development of an 'artificial intelligence-based learning tool,' with another student, which the University's Honor Council eventually concluded 'was offensive to Emory's community standards' as it might result in academic dishonesty and cheating."

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No Second Amendment or Privacy Right Problem with California Laws Disclosing Firearms Purchaser Information to Certain Researchers

From today's decision in Doe v. Bonta, written by Judge Mary Schroeder and joined by Judges Patrick Bumatay and Salvandor Mendoza: California's DOJ maintains two databases relevant to this case. The first database relates to purchasers of firearms and applicants for CCWs. It is called the Automated Firearm System ["AFS"].…

Reason

Pseudonymity Tentatively Allowed in "Wet Farts" Wrongful Discipline Lawsuit Against Columbia

When may plaintiffs in highly politically controversial cases sue pseudonymously, in order to avoid public hostility?

Reason

No Pseudonymity for Alleged Jeffrey Epstein Victims Suing FBI Over Failure to Properly Investigate Epstein

From Doe v. U.S., decided yesterday by Judge Mary Kay Vyskocil (S.D.N.Y.): Plaintiffs allege that for over two decades, the Federal Bureau of Investigation … allowed [Jeffrey] Epstein and others to sex traffic and sexually abuse children and young women by failing to investigate the reports, tips, and evidence it…

Reason

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Second Amendment Protects Public Housing Tenants

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

Reason

Don't Forget Your First-Year Civil Procedure Lessons on Personal Jurisdiction

From Castro v. Doe, decided Monday by Judge Mark Pittman (N.D. Tex.): John Anthony Castro filed this lawsuit on June 16, 2023, alleging that former President Donald Trump, among others, conspired to publish defamatory, verifiably false statements about him on his Wikipedia page. These supposedly false statements include the notion…

Reason

Brief Opposing Pseudonymity in Ohio Libel Case

I thought I'd pass along this friend-of-the-court brief that I just filed a couple of days ago in the Ohio Court of Appeals (Doe v. Roe), with the help of invaluable local counsel Jeffrey M. Nye (Stagnaro, Saba & Patterson) and UCLA LL.M. student Bhavyata Kapoor. [* * *] This…

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The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

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No Pseudonymity in Mental-Health-Related Lawsuit

From Koe v. Univ. Hospitals Health Systems, Inc., decided yesterday by the Sixth Circuit (Chief Judge Jeffrey Sutton, Judge Alan Norris, and Judge Eugene Siler): Koe was a medical resident at Case Western Reserve University/University Hospitals Cleveland Medical Center from June 2019 until he was discharged in April 2021, ostensibly…

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…

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Chiefs sign former Bills draft pick, punter Matt Araiza

The Chiefs are bringing in Matt Araiza to compete for their punting job

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No Pseudonymity in Doctor's Case Alleging Labor Trafficking

In Doe v. Jeancharles (M.D. Fla.), Doe is suing "alleging violations of the federal Trafficking Victims' Protection Reauthorization Act ('TVPRA'), violations of the Fair Labor Standards Act ('FLSA'), breach of contract," and related theories. The Complaint alleges that: Dr. Jean-Charles targeted desperate and vulnerable Immigrant Medical Graduates ("IMG"), he lured…

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

"Most Litigants Would Prefer Not to Have Their Medical Problems Published in the Public Records"

But that’s not adequate reason to allow them to litigate pseudonymously, a district court rules.

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…

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