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Outten & Golden and Legal Momentum Co-Author Amicus Brief on Important Domestic Violence Anonymity Issue

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May 28, 2020

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Outten & Golden and Legal Momentum co-authored an amicus brief in Jane Doe v. Solera Capital LLC, a case in the U.S. Court of Appeals for the Second Circuit.

Partnering with Legal Momentum, the nation’s first and longest-running legal defense and education fund for women, we addressed the question of whether a domestic violence survivor can proceed anonymously in litigation when they face a credible risk to their safety.

Specifically, our brief sought to educate the Second Circuit about the extensive social science research that indicates certain abusive behaviors present an elevated risk of lethality and thus the entire history of abuse is relevant to such a risk assessment.

Further, we argue that judicial review of such cases should not be limited to evidence of an imminent threat or a recent incident of abuse.

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