Right of Access
District Court Rejects Magistrate Judges' Gag Order on Publishing Name of Retroactively Pseudonymized Litigant
"Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."
Ohio S. Ct. Vacates Order Sealing Documents at Defendant's Behest in Alleged Child Rape Case
The defendant had alleged that he, his family, and his lawyer had been threatened by the public, but the Ohio Supreme Court concluded that the trial court wasn't given adequate evidence to justify sealing.
If Pseudonyms, Then What Kind? How About "Doe WHBE 3"?
Should pseudonymous litigants, and any precedents set in their cases, be known by the initials of the law firms that represent them?
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
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."
Court Orders Unsealing of Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The motion to unseal, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
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?
No Pseudonymity in Title IX Wrongful-Discipline Lawsuits, Holds Seventh Circuit
The decision departs from what most courts have done in such Title IX cases—but tracks what most courts do in the many other cases where disclosing a plaintiff’s name might damage the plaintiff’s reputation and professional prospects.
Court Reaffirms Commentators' Standing to Intervene to Unseal Court Records
A couple of circuit court decisions noted that the intervenors had to have a concrete plan to write about the records; the court here makes clear that such a plan indeed suffices for standing.
No Sealing of Allegedly Defamatory Statements in Libel Lawsuit
"Dr. Morrison brought this lawsuit. He chose to challenge the accuracy of these statements in a public courtroom. If disclosing the allegedly-defamatory statements invades his privacy or causes him injury, it is solely the result of his own actions and decisions."
Defendant in Federal Case Alleging Long-Ago Sexual Assault of Minor Can't Get Materials Sealed …
based on state sealing law. The lawsuit is against a current Vermont legislator, and alleges the defendant had aided and abetted the sexual assault of the then-16-to-17-year-old plaintiff in 1968-70.
Pennsylvania Trial Court Rejects Pseudonymity in Defamation Suit Over Sexual Assault Allegations
(as well as other allegations).
No Pseudonymity for Porn Copyright Infringement Defendants, Says One Judge
The cases on the subject are sharply split, reflecting how ill-defined the law of pseudonymous litigation is.
Court Allows Media to Intervene to Unseal Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The intervention, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
Revenge Porn Dispute Can't Be Completely Sealed
The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.
Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases
The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.
Public Has Right to Access Sex Offender Litigants' Identities,
at least under Washington law; the litigants had unsuccessfully sued to challenge disclosure of their sex offender records until the Washington Public Records Act.
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."
"When Someone Loses His Livelihood as a Result of Government Action,
he has a right to know how and why the government took that action.”
"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.
No Sealing for Defendant After Pro Se Plaintiffs' Sex Trafficking Allegations Were Dismissed
A good illustration of the strong policy of openness in American court cases, even when defendants argue that unfounded allegations in court records are intruding on their privacy and damaging their reputations.
