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The Latest Breaking News from Plaintiff

Cardi B's "Wet Ass Pussy" Doesn't Infringe Plaintiff's Song

"The concept of using 'p**** so wet' as a rhetorical device in a song is neither original nor unique to Plaintiff, and, in any event, '[c]opyright does not protect ideas or themes.'"

Reason

Firing Based on Employee's Pre-Employment Social Media Posts Leads to Discrimination Lawsuit;

federal court allows the case to go forward.

Reason

Firing Based on Employee's Pre-Employment Social Media Posts Leads to Discrimination Lawsuit

The case can go forward, a federal judge rules.

Reason

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Court Rejects Lawsuit Claiming Police Discriminatorily Refused to Prosecute Rapist

The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.

Reason

No Sealing of Plaintiff's Expunged Court Records That Are Central to Plaintiff's Libel Claim

"[T]he fate of Plaintiff's claims hinges to some extent on the truth or falsity of Defendant's statements regarding Plaintiff's conviction of a crime. Whether Defendant's statements are false—a determination that relies at least in part on Plaintiff's criminal records—is directly relevant to the public."

Reason

Fifth Circuit Affirms Just Hours After Oral Argument: Criminal Libel Arrest for Criticizing Police Officer …

was unconstitutional.

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

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Alleged "Psychic Intuition" 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

Questions swirl as lawsuit draws billionaire investor deeper into Epstein scandal

‘Jane Doe’ accuses Leon Black of rape and sexual abuse – and some have questioned why he is not facing more legal scrutiny

The Guardian - US

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

Giuliani Admits His Oft-Told Tale of Georgia Election Fraud Was Not True

Unlike calling Trump's stolen-election fantasy "the Big Lie," his lawyer's statements were demonstrably false assertions of fact.

Reason

Accusing Trump of Perpetrating "Big Lie" Is Opinion and Therefore Not Libelous, Court Holds

From Trump v. CNN, decided Friday (quite correctly, I think) by Judge Raag Singhal (S.D. Fla.): Trump alleges that CNN defamed him by making statements comparing him to Hitler and the Nazi regime …: [a.] On January 25, 2021, CNN published an article written by Ruth Ben-Ghiat, a "frequent contributor…

Reason

Court Rejects Attempt to Expurgate Racial Slur in Complaint Alleging Racial Slur

From Sharper v. Right Away Maintenance Co., decided yesterday by Magistrate Judge Scott D. Johnson (M.D. La.): Plaintiff began this litigation pro se on August 16, 2022, drafting and filing his original Complaint without the assistance of counsel. However, Plaintiff recently retained an attorney, who enrolled in May of 2023.…

Reason

Can Plaintiff Who Lost a Case Get Retroactively Pseudonymized, Because of Fear of Employment Consequences?

Two Central District of California case reach different results.

Reason

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Reason

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…

Tribune News Service

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.

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Reason

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.

The Independent UK

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

Reason

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."

The Guardian - UK

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

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

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."

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