In Nevada, the elements for a claim of invasion of privacy through disclosure of false light are:
- 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);
- The false light would be highly offensive to a reasonable person;
- 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
- 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).
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.