Lior Strahilevitz on Courts Granting Anonymity to Plaintiffs

Associates Suing MoFo Ask For Pseudonyms

It’s not unheard of for federal courts to grant anonymity to plaintiffs. Norma McCorvey, the plaintiff from the Supreme Court’s landmark abortion case Roe v. Wade, litigated under the pseudonym Jane Roe. But courts don’t grant pseudonymity easily, usually reserving the practice for cases involving children, sexual abuse, or other sensitive claims, according to Lior Jacob Strahilevitz, a professor at the University of Chicago Law School.

“In general, the federal courts, at least in this country, have been skeptical of claims that people should be allow to sue under a John or Jane Doe,” Strahilevitz told Bloomberg Law.

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In the Morrison & Foerster case, “what the plaintiffs are probably concerned about is not their futures at Morrison & Foerster, it’s their futures at other law firms,” said Strahilevitz. “The courts haven’t been giving that as much weight as it ought to be given.”

He said the associates would be “breaking some new ground” if they succeed their bid to use pseudonyms.

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