Court of Appeal Rejects “Idea Theft” Claim Over Unsolicited Media Pitches

A recent California Court of Appeal decision reinforces a fundamental rule in media and contract law: an unsolicited idea, even if later used, does not create a right to payment without mutual agreement.

In Greer v. Carlson (2025), the court affirmed dismissal of claims brought by a self-described author and physician who alleged that Tucker Carlson used his story ideas without compensation. The court held that the plaintiff failed to establish an implied-in-fact contract under California law.

The Underlying Allegations

The plaintiff claimed he regularly sent unsolicited story ideas to members of the media, including Carlson. He described these communications as “industry pitches,” asserting that there is a customary expectation of payment if the ideas are used.

According to the complaint, Carlson later discussed topics similar to those included in the plaintiff’s emails, including commentary on Jeffrey Epstein and early COVID-19 coverage.

The Legal Standard: Desny v. Wilder

The claim was based on the California Supreme Court’s decision in Desny v. Wilder (1956).

Under Desny, an implied contract may arise when:

• The idea is submitted with a clear expectation of payment
• The recipient knows of that expectation before receiving the idea
• The recipient accepts and uses the idea

This doctrine is often invoked in entertainment and media cases involving alleged idea misappropriation.

Why the Allegations Fell Short

The Court of Appeal found that the plaintiff’s allegations did not satisfy the requirements of Desny.

The complaint showed that the plaintiff:

• Sent unsolicited, mass-distributed emails
• Did not clearly condition each submission on payment
• Provided ideas without giving Carlson an opportunity to accept or reject them in advance

As the court explained, a unilateral expectation of payment is not enough. An implied contract requires mutual assent.

No Mutual Agreement, No Contract

Justice Carl Moor emphasized that the plaintiff voluntarily sent ideas and simply hoped that compensation would follow.

There were no allegations that Carlson requested the ideas, agreed to pay for them, or even had a meaningful opportunity to decline them before receiving the content.

Without those elements, the court held that no implied contract could exist.

Prior Litigation Undermined the Claim

The plaintiff had previously filed a similar lawsuit against Fox News in federal court. That case was dismissed, with the court finding no viable contract claim and concluding that amendment would be futile.

The Court of Appeal noted that the state court claims against Carlson were based on the same core allegations, further undermining the plaintiff’s position.

What This Decision Means for Practitioners

This decision reinforces several important principles:

• Unsolicited ideas generally do not create payment obligations
• Industry custom alone does not establish a contract
• Mutual assent—not unilateral expectation—is required
• Desny claims require clear, advance communication of payment terms

For media, entertainment, and litigation counsel, the case highlights the limits of “idea submission” claims and the importance of clearly defined agreements.

The Bottom Line for Litigators

Sending unsolicited ideas—even with the hope of compensation—does not create a legal obligation to pay. Without a clear agreement or mutual understanding, courts will not impose contractual liability.

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