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Second Circuit Protects Plaintiff's Anonymity
Legal Watch |
2008/08/18 15:27
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A woman who filed a lawsuit for physical and sexual assault should be allowed to remain anonymous, the 2nd Circuit ruled in a question of first impression.
Judge Cabranes found that the district court improperly dismissed the plaintiff's case due to her refusal to give her name.
While plaintiffs usually must state their names to give the opposition a chance to mount a defense, Cabranes ruled that the district court stuck to the letter of the law without considering whether plaintiff had a legitimate need to keep her identity hidden.
"The district court did not balance the plaintiff's interest in proceeding anonymously against the interests of the defendants and the public," Cabranes wrote. |
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