Quimbee logo
DMCA.com Protection Status
  • D
  • Desnick v. American Broadcasting Co., Inc.Desnick v. American Broadcasting Co., Inc.
From our private database of 16,800+ case briefs...

Desnick v. American Broadcasting Co., Inc.

United States Court of Appeals for the Seventh Circuit
44 F.3d 1345 (1995)

Desnick v. American Broadcasting Co., Inc.


Dr. J.H. Desnick (plaintiff) operated an extensive network of ophthalmic clinics. American Broadcasting Co., Inc. (ABC) (defendant) contacted Desnick and told him it would like to do a broadcast program about the clinics’ cataract services. Desnick was told by ABC that the presentation would be fair and balanced. Thus, he invited ABC in to observe a cataract surgery in process. Without Desnick’s knowledge, however, ABC brought in hidden cameras and conducted interviews of Desnick’s staff while posing as fake patients. When the story aired on ABC, it was extremely negative and suggested Desnick tricked people into having eye surgery and performed unnecessary surgeries. The broadcast predominantly featured people who were dissatisfied with Desnick’s business. Desnick brought suit against ABC for both the effect of its broadcast and the way in which it gathered information. Desnick alleged ABC committed trespass by entering onto its premises without consent and used electronic surveillance in violation of state and federal statutes. Finally, Desnick alleged ABC committed fraud by gaining access to its office by means of a false promise that it would present a “fair and balanced” picture of the office’s operations and would not use “ambush” interviews or undercover surveillance. Desnick asserted claims for damages, trespass, invasion of privacy, and illegal wiretapping. The lower court upheld some of Desnick’s claims and rejected others, and Desnick appealed.

Rule of Law


Holding and Reasoning (Posner, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 448,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 448,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial