McCann v. Iroquois Memorial Hospital

In action alleging violation of Wiretap Act, Dist. Ct. erred in granting defendants' (hospital and hospital official) motion for summary judgment in action alleging that said defendants used transcriptions of illegally recorded conversation between plaintiffs that were critical of defendants when terminating plaintiffs. Summary judgment was improper since Dist. Ct.'s ruling was based on credibility findings culled from two different but plausible explanations as to how said conversation was recorded. However, Dist. Ct. properly granted summary judgment as to other defendants/hospital officials, who may have seen said transcripts, but who did not have any reason to know that said transcripts came from recording that violated Wiretap Act.