X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION & ORDER   Plaintiff John Doe alleges he wishes to purchase what he calls “Direct-to-Consumer Lab Tests” and receive the results at home, but that he is prohibited by a New York Department of Health regulation. So Plaintiff brought suit claiming that the regulation is preempted by federal law. This motion presents the threshold question of whether Plaintiff can litigate this case as “John Doe,” or if he must disclose his identity. Because Plaintiff has failed to overcome the presumption that parties must litigate in their own names, Plaintiff may not proceed pseudonymously. I. BACKGROUND On August 24, 2020, Plaintiff filed a three-page complaint in this case as “John Doe.” Compl., Dkt No. 1. Plaintiff seeks to invalidate 10 NYCRR §58-1.8, a New York Department of Health regulation that, he claims, prevents him from obtaining certain laboratory test results directly from the seller without the involvement of a medical professional. Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›