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Torts Keyed to Franklin
Desnick v. American Broadcasting Companies, Inc.
Citation:44 F.3d 1345 (7th Cir. 1995)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Entine told Desnick’s clinic owner that it wanted to do a segment on cataract practice and promised no ambush interviews or undercover surveillance. Desnick permitted an ABC crew to film a “live” operation and to interview Desnick personnel at its Chicago office. Entine sent fake patients with concealed cameras to other Desnick centers without Desnick’s consent.
The reporter introduced the show’s segment as an undercover investigation and proceeded to bring on many guests who said defamatory statements about Desnick, alleging malpractice and fraud. The segment also included the reporter’s ambush interview of Desnick at an airport.
Desnick sued for defamation, invasion of privacy, and trespass.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.