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January 14, 2021

Jennifer Wieland on Anonymous Lawsuits in Tenth Circuit, District of Kansas

Jennifer Wieland recently published an article analyzing a recent decision in the federal court in Kansas regarding when a lawsuit may be filed anonymously.

The Court held a case must be dismissed for lack of jurisdiction if the plaintiff seeking anonymity does not petition the Court for relief prior to filing the case.

In addition, in order for the Court to permit a plaintiff to proceed anonymously, they must show “exceptional circumstances” – such as (1) cases involving matters of a highly sensitive and personal nature; (2) real danger of physical harm; or (3) where the injury litigated against would be incurred as a result of the disclosure of the plaintiff’s identity. Anonymity has not been permitted when only the plaintiff’s “economic or professional concerns” are involved.

For the full article, click here.