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SHOCKING: 4 - You Need To See This

"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

OK for Law School to Consider Whether "Students Possess the Mental and Emotional Stability to Join the Bar"

"[T]he wide-ranging conspiracy Doe posits, one that tormented an ordinary law student for months on end using actors, poison, and a weapon that can send electricity wirelessly through brick walls, is too far beyond the pale of human experience to credit without supporting evidence, of which Doe has provided none."

Reason

Court Rejects Attempt to Block Media from Reporting Name of Pseudonymous Litigant

The court required the university defendants to keep plaintiff's identity confidential (common in pseudonymous Title IX cases), but refused to extend this to media, students, and others.

Reason

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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).

Reason

The Best Plot Twists In Movies

When there's a movie, there's sometimes a twist that blows your mind. Let's talk about eighteen that have blown mine.

Cinemablend

No Pseudonymity in Disability Discrimination / Forced Labor Claim by Terrorism Expert Against Middlebury College

From D.C. Superior Court Judge Todd Edelman's decision two weeks ago in Doe v. President & Fellows of Middlebury College: Plaintiff brought this lawsuit against numerous defendants [including American University, George Washington University, and Middlebury College -EV] alleging inter alia employment discrimination, harassment, forced labor, trafficking in labor or commercial…

Reason

No Pseudonymity or Sealing for Japanese User Seeking to Use American Courts to Subpoena Twitter Critics' Names

"Applicant's warning of a prima facie violation of Japanese law's privacy protections fails to constitute a harm severe enough" to justify pseudonymity.

Reason

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Why We Should Care About Pseudonymity in Litigation

Like other features of legal procedure—such as the jury trial, the mechanism for appointing judges, the availability of appeal—pseudonymity both deeply affects the fairness of litigation and, often, the substantive outcomes.

Reason

Can Plaintiffs Alleging Rape Sue Pseudonymously?

The question remains unsettled, with lots of courts decisions on both sides.

Reason

No Pseudonymity in Psychological Disability Employment Discrimination Lawsuit

From Doe v. N.Y. City Dep't of Ed., decided today by Judge Mary Kay Vyskocil (S.D.N.Y.): This is an employment discrimination case. Plaintiff has worked for the DOE since 2012. Plaintiff alleges that she is "psychologically disabled" and was subjected to discrimination, harassment, and unlawful retaliation at work…. [Plaintiff] contends…

Reason

Tattoos, gingerbread and baby onesies: Australians gripped by Matildas fever

The Women’s World Cup co-hosts’ team has captured public imagination – from ardent fans to those who’ve never shown an interest in sport

The Guardian - AU

ABA House of Delegates Adopts Resolution Opposing Single-Judge Divisions (Updated)

Long before Judges Kacsmaryk and Tipton, there was Judge William Wayne Justice.

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Unusual Denial of Pseudonymity to Plaintiff Suing Over Alleged Anti-Trans Discrimination

Courts are generally inclined to allow litigants to remain pseudonymous to conceal their being transgender (see The Law of Pseudonymous Litigation, p. 1406); but they are also inclined to deny pseudonymity once the plaintiff had already identified himself or herself, and this is what made the difference in yesterday's decision…

Reason

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Reason

No Pseudonymity in Lawsuit by Employees Alleging Sexual Harassment by Casino Magnate Steve Wynn

From Doe v. Wynn Resorts Ltd., decided Monday by Magistrate Judge Cam Ferenbach (D. Nev.): Plaintiff Judy Does work at the Wynn/Encore Salon, and they claim that their employer allowed Steve Wynn to sexually harass them. In their ninety-two page third amended complaint, the Judy Does bring claims against Wynn…

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

Us Weekly Allegedly Used Married Woman's Photo as Picture of Mother of Elon Musk's Twins; Can She Sue

for libel as a Jane Doe?

Reason

10th Cir. Narrowly Reads "Injury Litigated Against Would Be Incurred" Basis for Pseudonymous Litigation

The court concludes that this justification doesn't generally let plaintiffs sue pseudonymously in libel or disclosure of private facts that seek damages.

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Reason

Florida Cop Jails Toddler Son for Poopy Pants

Plus: Snapchat cleared in sex crime case, New Hampshire embraces universal licensing reciprocity, and more...

Reason

Privacy Lawsuit Over Netflix's Our Father Fertility Fraud Documentary Can Go Forward

"Dr. Cline inseminated many of his female patients with his own semen, ultimately, fathering approximately [94] children"; Netflix allegedly promised the Secret Children anonymity when making its film, but allegedly broke its promise.

Reason

Court Blocks Florida Law Limiting "Puberty Blockers" and Cross-Sex Hormones for Minors

From Doe v. Ladapo, decided today by Judge Robert Hinkle (N.D. Fla.): This action presents a constitutional challenge to a Florida statute and rules that (1) prohibit transgender minors from receiving specific kinds of widely accepted medical care and (2) prohibit doctors from providing it. The treatments at issue are…

Reason

If Lawyer Forces Client to Have Sex, When Can Law Firm Be Liable for Negligent Supervision?

"An attorney-client relationship between two adults does not present the same inherent danger or foreseeability" as "a relationship between an adult and a child in a religious organization."

Reason

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

Florida Judge Argues That § 230 Is Beyond Congress's Power

White v. Discovery Communications, LLC, decided Wednesday by the Florida Court of Appeal, rejected a man's libel claim against Netflix, on jurisdictional grounds (stemming in part from a particular procedural feature of the case), and against Microsoft on § 230 grounds. The facts are interesting, though largely beside the point…

Reason

Justice Thomas Long Ago Explained His Perspective On Disclosure Laws

Another day, another report on Justice Thomas. Today, ProPublica revealed that Harlan Crow paid the private-school tuition of Mark Martin, Justice Thomas's grand-nephew. And Thomas failed to disclose those payments. 5 U.S.C. § 13101(2) only requires disclosures for a gift to a "son, daughter, stepson or stepdaughter." Justice Thomas was…

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