United States Seventh Circuit

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McCann v. Iroquois Mem'l Hosp., 08-3420

In a hospital employees' suit against the hospital, its Board of Trustees, its Chief Executive Officer, and another employee, for violation of the Wiretap Act, claiming that the employee intentionally intercepted their conversation criticizing hospital , and disclosed the contents of the recording to justify sanctioning the plaintiffs, district court's grant of summary judgment in favor of the defendants is affirmed in part, vacated in part and remanded where: 1) because the parties presented two different but plausible stories, an issue of fact remains, and as such, the claims against the employee and the hospital should not have been resolved on summary judgment; and 2) district court's grant of summary judgment on the claims against the CEO and the trustees is affirmed as the evidence does not show that the CEO knew that the employee acted unlawfully and the only trustee who might have known did not use or disclose the recordings.

Appellate Information

  • Argued 03/31/2009
  • Decided 09/13/2010
  • Published 09/13/2010

Judges

  • <a href="http://pview.findlaw.com/view/2013290_1">ROVNER</a>

Court

  • United States Seventh Circuit

Counsel