Judicial/Legal Matters
September 4, 2006

In September 2003 a three-judge panel of the U. S. Court of Appeals for the District of Columbia Circuit reaffirmed the Motion for Summary Judgment that had been approved by U. S. District Judge Royce C. Lamberth in August 2002. The case finally ended on May 17, 2004, when the Supreme Court denied the petition of Plaintiff Carey D. Lohrenz for a writ of certiorari.

The federal courts dismissed the bogus case for a simple reason: There were no issues of material fact brought by Plaintiff Lohrenz that would have justified a jury trial. . . Read More

December 30, 2003

Elaine Donnelly, President of the Center for Military Readiness, expressed great satisfaction in CMR’s second, decisive victory in litigation filed against CMR by Carey Dunai Lohrenz, a former F-14 pilot, more than seven years ago. In an opinion released on December 12, a three-judge panel of the Court of Appeals for the Washington D.C. Circuit voted unanimously that U.S. District Judge Royce C. Lamberthwas correct in dismissing Lohrenz v. Donnelly & CMR on a Motion for Summary Judgment on August 16, 2002.

In dismissing the appeal with an opinion written by Judge Judith W. Rogers, the Court stated emphatically that Lohrenz was a “ public figure” for purposes of public comment, and that her claim to the contrary “rings hollow.” . . . Read More

November 5, 2003
The Department of Defense Inspector General (DoD IG) has been investigating, for more than a year, a pattern of improper behavior and abuse of power by certain officials in the Office of the Navy Judge Advocate General (OJAG). The confidential probe began when Elaine Donnelly, President of the Center for Military Readiness, filed a formal Request for Assistance with Defense Department Inspector General Joseph E. Schmitzon June 11, 2002. The Request for Assistance became necessary in order to stop a pattern of deliberate bias on the part of Navy JAG officers—several of whom constantly interfered in litigation filed against Donnelly and CMR by former F-14 pilot Carey D. Lohrenz1  More than a thousand pages of carefully indexed documents—many of which were obtained during the discovery process—supported Donnelly’s Request for Assistance. . . Read More

November 5, 2003
On August 16, 2002, Washington D.C. U.S. District Judge Royce C. Lamberth dismissed, with prejudice, the lawsuit filed by Plaintiff Carey D. Lohrenz against Elaine Donnelly and the Center for Military Readiness (CMR) in 1996. The Court’s 55-page opinion identified Lohrenz as a “limited-purpose public figure.” She was therefore not eligible to sue Donnelly for publishing the comprehensive CMR Special Report: Double Standards in Naval Aviation in 1995. The Court also found that Donnelly had acted responsibly and without “actual malice.” 1 Following preliminary motions, Plaintiff Lohrenz filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit on April 11, 2003. Represented this time by Richmond Law School Professor Rodney Smolla, Lohrenz challenged the District Court’s dismissal of her case on CMR’s Motion for Summary Judgment. Among other things, her appeal claims that: . . . Read More

September 4, 2003
The Center for Military Readiness is pleased to report that a lawsuit intended to impose Selective Service obligations on young women has been dismissed by the U.S. District Court for the District of Massachusetts. 1In an 8-page opinion, U.S. Senior District Judge Edward F. Harrington upheld the right of Congress to exempt women from Selective Service registration for a possible future draft. In doing so, the Court frequently cited the landmark 1981 decision  . . . Read More

See previous articles on this topic here:
More background information and historic documents on this topic may be available in the 'Essential Resources' section of this website, or in a previous edition of CMR E-Notes, archived here.