question
Laura Beguiled and Spencer Lacey are famous movie stars, and they are planning to be married. One day, while standing in line at their local supermarket, they noticed Spenser’s picture on the cover of several magazines. One magazine showed a picture of Spenser with his arm around his brother, Casey, and the headline read: “Spenser Lacey and his gay lover”! Another magazine showed Laura holding a bottle of vodka. Beneath the photograph a caption read: “Absolutely Beguiled”. The third magazine showed a picture of both Laura and Spenser in the hospital, at time when Laura had plastic surgery. The pictures inside the magazine depicted her surgery, complete with nude photos on the operating table. Neither Laura nor Spenser had any idea that the surgery was taped.
Spenser became so angry that he ran up to the cashier, waved his finger in her face, and shouted, “I should kill you for selling this trash!” As he stormed away, the cashier called security. Security came right away, but not before Spenser sped away in the couple’s car, leaving Laura behind. In the confusion, security threw Laura onto the floor and held her there until the police came. When the police came and ascertained that Laura had not committed any crimes, they released her. Identify all potential lawsuits. Who will be the plaintiff and defendant for each lawsuit? You should discuss the relevant tort theory of law that applies and explain why it is relevant to the lawsuit. What is the burden of proof for the plaintiff and the defendant? Are there any relevant defenses to negligence that would apply here, if so, how?
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