Right of Access
Professional Duty to Warn Clients About Risk of Reputational Harm from Filing Lawsuit?
"Plaintiff was not informed by his legal counsel prior to filing suit of the potential for immediate disclosure of his name if his Motion to Proceed Under Pseudonym was denied."
Meet Jane Doe [UPDATED]
[UPDATE: It turns out that the Maryland intermediate appellate court reached the opposite result for the same plaintiff; post bumped up so readers can see the update, which is available in the second half of this post.].]
Court Rejects Defendant's Request to Seal 9-Year-Old Libel Case
"By maintaining access to these records, the Court promotes the public's interest 'in ascertaining what evidence and records the District Court ... relied upon in reaching [its] decision,' and the Court provides 'the public with a more complete understanding of the judicial system, including a better perception of its fairness.'"
Right of Access to Court Records Applies Even Absent Any Current "Substantial Public Interest in This Case"
"[P]ublic access is designed not only to allow the press and the public to follow high-profile cases, but also to permit ongoing and future access. Law students or legal scholars review case files for law review articles, attorneys review past cases when similar litigation arises, and litigation may be a source of information for policy-makers considering, for example, safety regulations or for journalists reporting more broadly on either the courts or the subject matter of particular litigation."
No Sealing or Pseudonymization of Opinion Related to Lawyer Discipline
The lawyer's "personal interest in avoiding the 'reputational harm' that she might suffer if the public were made aware of the 'very serious allegations here'" "cannot meet the 'weighty' standard for overriding the presumptions of open records and public access."
Correspondence About UC Irvine Professor's Alleged Plagiarism Is Public Record, Subject to Disclosure
Retraction Watch prevails in a California appellate case.
"This Is About as Frivolous a Motion to Seal as I Have Seen" [UPDATE: Response from Lawyer Added]
"Defendants are ORDERED to identify the lawyer responsible for this motion. The lawyer, by January 3, 2023, is ORDERED to submit an explanation of why the lawyer thought this was a justified motion. When I see the explanation, I will consider whether subsequent proceedings are appropriate."
Can Court Seal Details Related to Allegations of Misconduct by Federal Prosecutors?
The Second Circuit reverses such a limited sealing order, and sends the case back to the district court for further analysis.
No Pseudonymity in Case Alleging Disability Discrimination Based on "Major Depressive Disorder"
“[I]t is reasonable to expect the person invoking the Court’s jurisdiction to set aside some of his privacy. Many statutes, such as the ADA [...] require a plaintiff to set aside his [] privacy and disclose information that he [] may otherwise wish to keep confidential.”
Pseudonymity for Would-Be Lawyer Seeking Extra Time on Bar Exam for "Mental Health" Reasons
Among other things, the court concludes that, "given that Plaintiff alleges that his 'personal background as an Arab-American and Muslim' was in part responsible for his lack of a traditional diagnosis of ADHD, his personal background may make him particularly vulnerable to the harms of disclosure."
No Pseudonymity for Plaintiff in Action Claiming Florida Discriminates Based on Race in Funding Universities
Plaintiff "has alleged nothing suggesting he has any greater basis to fear retaliation than the plaintiffs in most discrimination cases."
Publius Publicola Must Make His Identity Public
to continue with his appeal, holds the Second Circuit; because he didn't do so, the appeal was dismissed.
Amusing Passage from Gateway Pundit's Motion for TRO to Get Press Credentials
"Meanwhile, if a tree falls in the forest and there is nobody there to hear it, everyone will still tell the public what it sounded like and what it means."
Pseudonymity Allowed to Relatives Suing Grindr Over Minor's Suicide
The court cites the relatives' privacy interests, and in particular the risk of "harassment by the adults alleged to have committed sexual crimes against the decedent" (and who aren't named as defendants in the case).
Court Adopts Narrow Approach to Pseudonymity in Title IX Wrongful-Discipline Cases
A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).
Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
