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Desnick v. American Broadcasting Companies, Inc.

United States Court of Appeals for the Seventh Circuit
44 F.3d 1345 (7th Cir. 1995)


Facts

Employees of the ABC television network (defendant) were sent by the producer of Primetime Live, one of its shows, to various offices of a regional ophthalmic clinic called the Desnick Eye Center (Desnick) (plaintiffs) to help conduct an investigation for the show. The ABC employees posed as patients and requested eye examinations, but were equipped with hidden cameras and videotaped the conversations they had with employees of Desnick. Desnick filed suit, claiming that ABC committed a trespass when its employees gained access to the Desnick offices by failing to divulge the true reasons for their visits. The district court dismissed Desnick’s lawsuit. Desnick appealed.

Rule of Law

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Issue

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Holding and Reasoning (Posner, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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