CARROLL v. LYNCH

No. 12-1076.

698 F.3d 561 (2012)

Mary CARROLL, Plaintiff-Appellant, v. Merrill LYNCH, Jim Kelliher, and Pat Kelliher, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 2012.


Attorney(s) appearing for the Case

John C. Ireland (argued), Attorney, Aurora, IL, for Plaintiff-Appellant.

Carole Golinski Miller (argued), Attorney, Maynard, Cooper & Gale, Birmingham, AL, Peter E. Cooper , Attorney, Lawrence, Kamin, Saunders & Uhlenhop, Chicago, IL, for Defendants-Appellees.

Before BAUER, FLAUM, and HAMILTON, Circuit Judges.


FLAUM, Circuit Judge.

On Thanksgiving Day at about 9:00 PM, Mary Carroll telephoned one of her co-workers, Jim Kelliher. Hearing Ms. Carroll loudly yelling at her husband over the phone, Jim Kelliher's wife Pat Kelliher began listening in on the call and decided to record the conversation. The call ultimately cost Carroll her job, and she sued under the Illinois eavesdropping statute for the recording and re-playing of the call. The district court granted' motion...

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