Right of Access
A Rare Order Calling for Defendant-Side Pseudonymity,
and a much more common rejection of plaintiff-side pseudonymity.
Court Upholds Denial of Pseudonymity to Plaintiff in #TheyLied Libel Suit Stemming from Title IX Complaint
"Appellant wants the option to hide behind a shield of anonymity in the event he is unsuccessful in proving his claim, but he would surely identify himself if he were to prove his claims."
Records of Library Removal Requests, Like Other Library User Records, Are Exempt from State Public Records Law
The case stemmed from user challenges asking that a public library remove Gender Queer: A Memoir, or at least keep children from getting it.
Foreigners: When You File in U.S. Courts, You Should Expect U.S. Rules of Public Access to Your Filings
"Plaintiff states that he was not aware that his complaint would be made public, and he suggests that, under Korean law, the personal information of litigants is not made public." But "[w]hether or not he intended to do so, by initiating this action in a United States District Court, Plaintiff has made his name a matter of public record."
No, Court Won't Order Removal of Online Copies of the Decision in Your Online Case, Even if
you argue that you're losing job opportunities because employers see that decision.
University's Denying Fellowship to Student Isn't "Intentional Infliction of Emotional Distress"
And the case in which the student made such a claim can't be sealed, either.
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.
California Public Records Requester Can File Anti-SLAPP Motion Objecting to Attempt to Block Request
The motion allows early dismissal of a lawsuit, here the lawsuit that aimed to block UC Irvine from responding to a public records request from the Center for Scientific Integrity (the Retraction Watch people).
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.
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.
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."
First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement
I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.
Virginia Court Rejects Retroactive Attempt to Seal Name Change Records
The decision came despite the applicant's objection, ten months after the name change, that the change was needed to prevent "potential endangerment and/or discrimination through publicly disclosed record of the transgender applicant."
Risk of Physical Harm to Woman Involved in Ghislaine Maxwell Litigation May Justify Sealing Her Identity,
holds the Second Circuit, though it leaves it to the trial court to consider the facts further.
Can Plaintiff Who Lost a Case Get Retroactively Pseudonymized, Because of Fear of Employment Consequences?
Two Central District of California case reach different results.
No Pseudonymity for College Student Alleging Racist Mistreatment by Baseball Coach
"There is an inherent inequality in allowing an accuser to proceed pseudonymously while the defendant is forced to defend himself publicly."
Court Unseals and Depseudonymizes Student's Settled First Amendment Lawsuit Against University
An illustration that courts are often willing to reconsider stipulated sealing and pseudonymization decisions when members of the public or media object.
No Pseudonymity or Sealing in College Student's Race Discrimination Lawsuit
A federal court rejects plaintiff's arguments "that sealing ... is required because she is being 'slandered and libeled' and '[m]aking [her] information public would magnify the effects of [defendants'] wrongdoing' rather than right those wrongs."
Plaintiff's Being a Possibly Vexatious Litigant May Be Basis for Denying Pseudonymity,
even when plaintiff's lawsuit was connected to her having been allegedly sexually assaulted, which has often (but not always) been seen as a basis for allowing pseudonymity.
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.
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.
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."
George Santos's Bail Guarantors Must Be Disclosed -- but the Order so Holding Is Sealed Pending Appeal
(The appeal is an appeal to the District Court, so it will likely be resolved fairly quickly.) [UPDATE 6/20/23: The District Court affirmed the disclosure order; the guarantors' names will be released 6/22, at least unless they "seek to withdraw from" being guarantors.]
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Rep. George Santos's Bail Guarantors Are Being Kept Secret
The New York Times asked that their names, and information related to the bail hearing, be released.
