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The Latest Breaking News from Doe

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

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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

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

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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…

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…

Reason

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.

Texas Observer

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

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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…

The Independent UK

Walker campaign staffer lawsuit says GOP activist groped him

A staffer on Herschel Walker's Republican Senate campaign has filed a lawsuit against prominent conservative activist Matt Schlapp, accusing Schlapp of groping him during a car ride in Georgia before last year’s midterm election

Reason

Court Rejects Challenge to California's Disclosure of Certain Gun Owner Records to Researchers

From Judge Larry Alan Burns' decision today in Doe v. Bonta (S.D. Cal.): Five California registered gun owners have filed suit to prevent Rob Bonta, Attorney General of the State of California, from enforcing a California law that permits the State to disclose their personal identifying information to bona fide…

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Reason

Also on Religious Freedom and Abortion

From Judge Frank Easterbrook's opinion Monday in Doe v. Rokita, joined by Judge Michael Brennan and Michael Scudder: Indiana requires abortion providers to dispose of fetal remains by either burial or cremation. This mandate applies only to providers; women may choose to take custody of the remains and dispose of…

Reason

Ninth Circuit Rejects Claims That YouTube's Blocking of Content Was Compelled by or "Entangled with" Government

From Doe v. Google LLC, decided yesterday by the Ninth Circuit (Judges Margaet McKeown, Consuelo Callahan, and Lawrence Vandyke): Appellants are fourteen self-described "conservative" content creators who spent years growing their YouTube channels and amassing more than 771 million views. These channels discussed topics such as "Hunter Biden and the…

The Independent UK

Warren Beatty: Bonnie and Clyde star sued for allegedly coercing sex with a 14-year-old in 1973

Filing accuses the actor and producer of sexual battery, sexual assault and sex with a minor

Reason

Concern About Reputational Injury Can't Justify Pseudonymity in Litigation

From Doe v. Mid-American Apartment Communities, Inc., decided Wednesday by Magistrate Judge Christopher Ray (S.D. Ga.): The Court's prior Order explained that "[a]nonymous pleading is the exception to Federal Rule of Civil Procedure 10(a), which requires every party to be named in the complaint." It also explained that "[t]he ultimate…

Reason

Presumption Against Sealed Motions to Seal

From Doe v. City of N.Y., decided Wednesday by Judge Laura Taylor Swain (S.D.N.Y.): Courts within this Circuit have tended to treat a motion to seal as a judicial document that is entitled to a strong presumption of public access. McGill v. Univ. of Rochester, No. 10-CV-6697, 2013 WL 5951930,…

Reason

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

Reason

No Pseudonymity in Doctor's Disability Law Case

From Judge Dan Polster's opinion today in Koe v. Univ. Hospitals Health Sys., Inc. (N.D. Ohio): Plaintiff states that he was a resident physician in the Case Western Reserve University/University Hospitals Cleveland Medical Center residency program beginning in June 2019. He also states that he is a qualified individual with…

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