Kahlke v. Buscemi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding plaintiffs recovery in trespass suit against defendant’s camera crew which filmed restaurant cited for health-code violations
• upholding liability of television station for trespass where news crew was sent into a public restaurant with cameras “rolling” and failed to leave when the restaurant manager requested them to do so
• First Amendment no bar to trespass action where camera crew entered plaintiff's restaurant and filmed interior after being directed to leave
• punitive damages recoverable in ex delicto actions based upon malice, fraud, wanton or reckless disregard of plaintiff's rights or where the wrong is aggravated by evil motive
• punitive damages recoverable in ex delicto actions based upon malice, fraud, wanton or reckless disregard of plaintiff’s rights or where the wrong is aggravated by evil motive
• “As a general rule, exemplary damages are recoverable in all actions ex delicto based upon tortious acts which involve ingredients of malice, fraud, oppression, insult, wanton or reckless disregard of the plaintiff’s rights....”

Source: CourtListener parenthetical corpus (CC0).