Hamberger v. Eastman

Landlord Eastman (defendant) secretly planted an audio recording device in the bedroom of his tenants, the Hambergers (plaintiffs), and listened to and recorded their private conversations and intimate activities for nearly a year without their knowledge. After discovering the device, Hamberger suffered significant emotional distress and impairment to his mental and physical health, and sued Eastman for invasion of privacy; Eastman moved to dismiss for failure to state a claim, and the trial court transferred the novel privacy question to the New Hampshire Supreme Court.