rezlegal Wrote:
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> TP- I am a NY litigator. but am familiar with the
> tort of false light which the Kenticky courts,
> based on some quick research, more or less fold in
> to the tort of invasion of privacy. Under Ky. law
> the false light claim would- like libel or
> slander- require reckless disregard or gross
> negligence to support such a claim. In addition,
> it strikes me that as a public figure who had no
> trouble being on national TV afterRun Happy won
> the Breeders Cup sprint, to the extent this tort
> is part of an invasion of privacy claim, she
> doesn't quite qualify.
Gotcha. Here in NV the law re false light is essentially the same - knowledge of or reckless disregard. Can be a little easier to prove a case because you don't have to prove economic damage to reputation.
Turns out there's case pretty close to this point here in NV, if anyone's interested: People for the Ethical Treatment of Animals v. Bobby Berosini, Ltd., 111 Nev. 615 (1995).
Cliff's notes: Bobby Berosini had an act at the Stardust, in which he used some orangutans as performers. A human performer in the show didn't like the way Berosini beat the apes, and started (surreptitiously) videotaping it backstage. PETA gets involved, the tapes are on the nightly news, and PETA/others are offering their opinion. Eventually the court tosses all of Berosini's claims, essentially saying he didn't have a privacy interest in the backstage area, PETA didn't alter the video, and their opinion as to whether those were "beatings" is just that - an opinion - and so isn't actionable.
As always, your mileage may vary..
