Carson versus National The case represents an appeal forwarded by the complainant who is Johnny Carson against the defendants, National Bank of Commerce and Savings Trust. Carson, a well known television personality and nightclub performer is seeking an appeal on his initial case that got dismissed by the case (OpenJurist). He is seeking for a relief from National Bank who he alleges used his name and picture without his approval for their advertisement, and thus damaging him by intruding on his privacy. His appeal seeks to find out whether the trial court did interpret the Nebraska law correctly in the first trial.
There lacks a rule in Nebraska on the right of privacy. The Nebraska legislature has not stipulated a right of privacy by statute. The Nebraska court lacks the mandate in ruling over such a right unless the state’s legislature confers such a right to the state’s judicial legislature. Carson’s first cause of action would clearly state a claim in most state jurisdictions (OpenJurist). The Nebraska jurisdiction, however, does not provide a right to privacy. Judging by the Nebraska law, the plaintiff case would still get over ruled.
Due to the complexity of the case at hand pitting Carson and the National bank, the court finds it hard to provide a ruling but rather infer on past cases with similar complaints (OpenJurist). The court remains aware that there may be truth behind the plaintiff’s complaint in regard to his right to privacy. However, the court lacks the mandate to make a ruling since there is lack of legislation in regards to the right of privacy. It is likely that the National Bank will win the case due to a lack of legislation in Nebraska. The case gets left for legislative determination (OpenJurist).
Works Cited
OpenJurist. OpenJurist. 03 March 2013. 03 March 2013