Lake v. Wal-Mart Stores, Inc.

Elli Lake and Melissa Weber (plaintiffs), while vacationing in Mexico, were photographed nude in the shower by Weber's sister; when they brought the film to Wal-Mart (defendant) for developing, Wal-Mart refused to print some of the images given their nature, but copies of one nude photo nonetheless began circulating in their community, and a friend told them a Wal-Mart employee had shared it. Weber and Lake sued Wal-Mart for intrusion upon seclusion, appropriation, publication of private facts, and false-light publicity; Wal-Mart moved to dismiss on the ground that Minnesota's common law had never recognized any of these privacy torts. The trial court dismissed the entire case, the court of appeals affirmed, and Weber and Lake appealed further.