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Sellers v. American Broadcasting Co.

United States Court of Appeals for the Eleventh Circuit

668 F.2d 1207 (1982)

Relevant factsFree

Larry Sellers (plaintiff) shared with reporter Geraldo Rivera a specific, novel theory that Elvis Presley's bodyguard and physician replaced his cortisone treatment with a placebo, causing a fatal cardiovascular collapse, under an agreement guaranteeing Sellers credit and copyright rights, but Rivera never used that unverifiable theory; when ABC (defendant) later aired its own Elvis-death investigation concluding the death resulted from prescription drug misuse — a theory numerous newspapers had already published before Sellers ever met Rivera — Sellers sued for misappropriation of his idea, and the district court granted ABC summary judgment, finding ABC never actually used Sellers's story.

IssueFree

Whether an idea must be sufficiently novel and concrete to form the basis of a claim for misappropriation.

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