Civil Procedure Keyed to Subrin
Doe v. United Services Life Insurance Company
Plaintiff attempted to get a life insurance policy from Defendant, United Services Life Insurance Company. Plaintiff’s blood test indicated strong alcohol consumption, and Defendant asserted that the test was why they gave him a high payment for the policy. Plaintiff believes that the high premium was due to his living with another male in Greenwich Village and therefore fitting the profile of a homosexual during the start of the AIDS epidemic. Plaintiff brought this case alleging discrimination, but he asked that his name not be released with the action for fear that he would be labeled a homosexual. He was also concerned because he was a clerk for a federal judge. Defendant sought to dismiss the action under Fed. R. Civ. P. 10(a) for failure to name the plaintiff, arguing that they are at a disadvantage in the court of public opinion because the nameless Plaintiff is hard to defend against.
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