Doe v. Smith — First Circuit refused to close trial or let lottery winner remain anonymous

Case
John Doe v. Sara Smith and Maine Trust for Local News L3C, d/b/a Portland Press Herald, d/b/a Maine Sunday Telegram
Court
U.S. Court of Appeals for the First Circuit
Judge
Gelpí; Thompson; Dunlap
Date Decided
September 15, 2026
Docket No.
25-1373
Topics
Public Access, Pseudonymous Litigation, Trial Closure, Nondisclosure Agreements
Source
Read the full opinion

Background

John Doe won $1.35 billion in the Maine State Lottery and entered into a nondisclosure agreement with Sara Smith, the mother of his minor daughter. The agreement restricted Smith from disclosing information about Doe’s lottery winnings and finances. After Doe alleged that Smith disclosed protected information, he sued her in federal court for injunctive relief and damages.

The parties initially litigated under pseudonyms. As trial approached, Doe moved to close the trial to the public or, alternatively, to continue using pseudonyms. He argued that disclosure of his identity would expose him and his daughter to heightened safety and privacy risks associated with his sudden wealth. The district court denied both requests, and Doe brought an interlocutory appeal under the collateral-order doctrine.

The Court’s Holding

The First Circuit affirmed, holding that the district court did not abuse its discretion by refusing to close the trial. Civil trials are presumptively open under the common-law tradition of public access, as reflected in the Federal Rules of Civil Procedure. Although privacy interests can overcome that presumption in appropriate circumstances, the district court reasonably concluded that Doe’s financial and family concerns did not justify closing the entire trial. The court did not reach whether the First Amendment independently required public access.

The court also upheld the denial of continued pseudonymity. Applying the strong presumption against pseudonyms in civil litigation, it concluded that the district court reasonably found Doe’s asserted risks insufficiently specific to establish unusually severe harm. Protecting the child by using her initials adequately addressed the asserted risk to an innocent nonparty, and Doe had not shown that identifying himself would improperly chill similarly situated litigants. The court emphasized that a right to sue does not include a right to sue anonymously.

Key Takeaways

  • A party seeking to close a civil trial must overcome the longstanding presumption of public access with sufficiently weighty and particularized countervailing interests.
  • Wealth, publicity, and generalized concerns about kidnapping, fraud, harassment, or unwanted attention do not by themselves establish an exceptional case warranting pseudonymity.
  • An NDA does not require a federal court to conduct litigation secretly; parties seeking confidentiality may consider contractual mechanisms such as confidential arbitration or mediation.

Why It Matters

The decision reinforces that litigants cannot ordinarily use publicly funded courts while concealing the proceedings or their identities merely because litigation may reveal information they contracted to keep private. Trial closure and pseudonymity remain exceptional measures, even when disclosure could undermine the privacy interests that prompted the lawsuit.

The ruling also underscores the importance of concrete evidence. Parties seeking anonymity based on safety concerns must do more than identify risks that could apply broadly to wealthy or prominent individuals, and courts may use narrower protections—such as identifying a child only by initials—rather than restricting public access to the entire case.

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