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In Nevada, the elements for a claim of invasion of privacy through disclosure of false light are:

  1. The defendant gave publicity to a matter concerning the plaintiff that placed the plaintiff before the public in a false light (at least an implicit false statement of objective fact);
  2. The false light would be highly offensive to a reasonable person;
  3. The defendant had knowledge of, or acted in reckless disregard as to, the falsity of the publicized matter and the false light in which the plaintiff would be placed (requiring actual malice); and
  4. Plaintiff suffered emotional harm.

Flowers v. Carville, 310 F.3d 118, 1132 (9th Cir. 2002); Wood v. Hustler Magazine, Inc., 736 F.2d 1084, 1093 (5th Cir. 1984) (disclosure of stolen nude photos); Vail v. Pioneer Mut. Life. Ins. Co., 2010 U.S. Dist. LEXIS 107994, *5-6 (D. Nev. July 20, 2011) (citing Restatement (Second) of Torts § 652); Flowers v. Carville, 266 F. Supp. 2d 1245, 1252 (D. Nev. 2003).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.