Thursday, October 17, 2013

Stalled Litigation Resumes

A commercial landlord and the building's managers may be liable for invasion of privacy after installing surveillance cameras in the men's and women's bathrooms of a building, according to a decision of the New Jersey Appellate Division.

The defendants had gone to the video in response to vandalism, and claimed that privacy was not invaded because the toilet stalls were not surveilled.

The court concluded that "a rational jury could reject defendants' claim and find in favor of plaintiffs' factual contention that the scope of the surveillance included the toilet stalls."

The court held that the case was erroneously resolved by summary judgment in favor of the defendants as to invasion of privacy but affirmed the dismissal of infliction of emotional distress claims. (Mike Frisch)

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