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Desnick v. American Broadcasting Companies, Inc

View this case and other resources at:
Bloomberg Law

Citation. 44 F.3d 1345, 1995 U.S. App. 23 Media L. Rep. 1161.

Brief Fact Summary. An investigative news program used undercover cameras to tape a doctor consulting with wired patients.

Synopsis of Rule of Law. Trespass is the interference with the ownership or possession of land and does not include a misrepresentation to enter the land.

Facts. A producer for PrimeTime Live, a television program on ABC (Defendant) called Dr. Desnick, the owner of Desnick Eye Center (Plaintiff) and asked permission to shoot footage for an upcoming program. Unknown to Plaintiff, Defendant dispatched people with hidden camera to Defendant to pose as patients and request eye exams. Defendant took the recordings of the patient exams and used them as part of the program, which aired nationally. Defendant claims a trespass occurred when the undercover patients entered his office.

Issue. When a landowner permits entry into his property to another based on the other’s misrepresentation or a misleading omission, will that constitute a trespass?

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