97 A.3d 1053
D.C.2014Background
- Greenpeace alleged that PR and security firms hired by Dow and Sasol (via Ketchum and Dezenhall) engaged BBI, whose agents conducted repeated "D-lines" (searching tenant trash/recycling), office break-ins, undercover infiltration, and surveillance to obtain Greenpeace campaign documents between 1998–2001.
- Some trash/recycling bins were on private property outside the U Street office; after a 2000 move, bins were inside a locked ground-floor room at the H Street office shared with other tenants.
- Greenpeace learned of the misconduct in 2008 from a reporter and sued in federal court (RICO and related claims); federal court dismissed RICO and declined pendent claims; Greenpeace then filed in D.C. Superior Court in 2011.
- The Superior Court granted motions to dismiss Greenpeace’s claims for trespass to common areas (based on D-lines), invasion of privacy by intrusion, and conversion of confidential information taken from trash.
- The Superior Court found: tenants lack an exclusive possessory interest in common areas; intrusion claims are governed by a one-year statute of limitations; and conversion cannot be asserted for abandoned trash or for intangible information not merged into transferable documents. Greenpeace appealed.
- The D.C. Court of Appeals affirmed the dismissal, holding as a matter of law that Greenpeace lacked viable common-law claims on these theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trespass to common areas (D-lines) | Greenpeace: as a tenant it had a possessory interest in areas where its trash/recycling were kept and thus can sue for trespass. | Defendants: common areas (shared trash/recycling) are not under tenant's exclusive control; only landlord retains exclusive possessory interest. | Affirmed dismissal — tenant lacked the exclusive possessory interest required for trespass. |
| Invasion of privacy — intrusion statute of limitations | Greenpeace: intrusion should have a three-year statute (like trespass) because it does not require publication; tolled until discovery in 2008. | Defendants: intrusion is an invasion-of-privacy tort analogous to defamation/false-light and is governed by one-year limitations. | Affirmed dismissal as time-barred — intrusion governed by one-year statute; claim untimely. |
| Corporation's right to privacy / damages (subsidiary issue) | Greenpeace: a corporation has a cognizable privacy interest and pleaded harm. | Defendants: corporations lack the same privacy protections; no specific compensable injury was alleged. | Court did not reach these issues because of statute-bar; affirmed dismissal on time-bar ground. |
| Conversion of confidential information taken from trash | Greenpeace: conversion should cover intangible confidential information contained in discarded documents. | Defendants: property abandoned when placed in shared trash; conversion cannot be based on abandoned property or on intangible information not merged into transferable documents. | Affirmed dismissal — Greenpeace abandoned the documents/information; conversion not available for abandoned items or mere intangible information here. |
Key Cases Cited
- Sarete, Inc. v. 1344 U St. Ltd. P’ship, 871 A.2d 480 (D.C. 2005) (defines trespass as unauthorized entry interfering with possessory interest)
- Gaetan v. Weber, 729 A.2d 895 (D.C. 1999) (discusses possessory interest required for trespass)
- Young v. District of Columbia, 752 A.2d 138 (D.C. 2000) (distinguishes mere use authority from legally recognized possessory interest)
- Wolf v. Regardie, 553 A.2d 1213 (D.C. 1989) (outlines four invasion-of-privacy torts and elements of intrusion)
- Danai v. Canal Square Assocs., 862 A.2d 395 (D.C. 2004) (tenant abandoned trash in shared room; no reasonable expectation of privacy)
- Baltimore v. District of Columbia, 10 A.3d 1141 (D.C. 2011) (abandonment of property defeats conversion claim)
- Wash. Gas Light Co. v. Pub. Serv. Comm’n, 61 A.3d 662 (D.C. 2013) (definition of conversion as unlawful exercise of dominion over another's personalty)