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TOFFOLONI v. LFP PUBLISHING GROUP, LLC

No. 08-16148.

572 F.3d 1201 (2009)

Maureen TOFFOLONI, as Administrator and Personal Representative of the Estate of Nance E. Benoit, Plaintiff-Appellant, v. LFP PUBLISHING GROUP, LLC, d.b.a. Hustler Magazine, Mark Samansky, an individual, Defendants X, Y, and Z, other distributors and sellers of Hustler Magazine, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 25, 2009.

Attorney(s) appearing for the Case

Richard P. Decker, Decker, Hallman, Barber & Briggs, Atlanta, GA, for Toffoloni.

Stephen Derek Bauer, Barry J. Armstrong, James C. Rawls, McKenna, Long & Aldridge, LLP, Atlanta, GA, William M. Feigenbaum, Lipsitz, Green, Scime & Cambria, LLP, Buffalo, NY, for Defendants-Appellees.

Before WILSON and ANDERSON, Circuit Judges, and GOLDBERG, Judge.

WILSON, Circuit Judge:

This case involves the newsworthiness exception to the Georgia state law "right of publicity," which arises out of the constitutional right to privacy. The district court found that LFP Publishing Group, LLC's ("LFP") publication of twenty year old nude photographs of Nancy Benoit fell squarely within the newsworthiness exception. We reverse.

A. Background

Maureen Toffoloni is the mother and the administrator of the...

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