Use This One Weird Trick to Keep Your Name Out of an Upcoming Sexual Assault Lawsuit Against You |
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Use This One Weird Trick to Keep Your Name Out of an Upcoming Sexual Assault Lawsuit Against You
Or at least try: A court considered it, but ultimately said no.
Eugene Volokh | 5.20.2026 8:01 AM
Here's the story, somewhat simplified, from a case now labeled Breskin v. Blattberg (D. Mass.) (I had filed an amicus brief opposing pseudonymity, as part of my general opposition to pseudonymity in defamation cases, see, e.g., Roe v. Smith):
Son v. mother federal lawsuit threatened: Blattberg accuses his mother, Breskin (a psychologist), of having sexually abused him 30 years ago, when he was 4 to 7 years old. The son claims he "did not remember the abuse until 2024." The son's lawyer sends a demand letter to the mother, threatening to sue, with a draft Complaint attached. They apparently agree that the son's lawsuit won't be filed until the end of February. (Again, remember that these are just the son's claims; nothing has been proved.) Mother v. son state lawsuit filed first, pseudonymously, and under seal: In late February, the mother gets to the courthouse first, by suing the son in Massachusetts state court for defamation over his sexual assault allegations, which the mother says the son had made to third parties (including her mother and other relatives). She claims the son is trying to extort her, and has long "suffered from serious and severe mental illness." The case is filed as Doe v. Doe. The same day, the mother asks that the Complaint be sealed (impounded, in Massachusetts terminology), and the Massachusetts court agrees immediately:After review, the court treats the current motion as an ex parte motion to impound under MA R Impound P Rule 3. The court finds that immediate and irreparable injury may result if the motion is not allowed. See MA R Impound P Rule 3(a). Nevertheless, under the Rule, an interested party........