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The Latest Breaking News from Doe

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

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

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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.

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

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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…

Reason

Still No Pseudonymity for Sorority Members Suing to Challenge Sorority's Admission of Transgender Student

From Judge Alan Johnson's decision today in Doe v. Kappa Kappa Gamma Fraternity (D. Wyo.) (the "fraternity" is really a sorority), declining to reconsider an earlier decision: I yearn for the day where litigants seek their courts unburdened by the mere possibility of physical reprisal. That hope may be quixotic…

Reason

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No Pseudonymity for Sorority Members Suing to Challenge Sorority's Admission of Transgender Student

In Doe v. Kappa Kappa Gamma Fraternity, decided last Thursday by Judge Alan Johnson (D. Wyo.), several members of the KKG sorority at the University of Wyoming (despite the corporate name, KKG is a sorority) sued the central KKG organization for breach of contract and related claims, arising out of…

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

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…

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Reason

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…

Texas Observer

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.

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

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…

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