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xii TREATISE 2 J. Thomas McCarthy, The Rights of Publicity and Privacy, (2d ed. 2009) .................................................. 10, 14, 24
OPINIONS AND ORDERS BELOW On October 6, 2008, the United States District Court for the Northern District of Georgia, Hon. Thomas W. Thrash, Jr., entered an Order with opinion granting Petitioner’s motion to dismiss the removed Complaint of Respondent Maureen Toffoloni, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim for relief on Respondent’s single substantive claim that Petitioner allegedly violated her Decedent daughter’s Georgia common law posthumous right of publicity; on October 7, 2008, the Court Clerk entered Judgment dismissing the action. The Order and Judgment are reprinted herein at Appendix 24a, 35a. On June 25, 2009, the United States Court of Appeals for the Eleventh Circuit entered a decision reversing the district court’s dismissal of the action and remanding the case for further proceedings, in an opinion reported as Toffoloni v. <strong>LFP</strong> Publishing Group, <strong>LLC</strong>, et al., 572 F.3d 1201. The opinion is reprinted herein at Appendix la. On August 27, 2009, the United States Court of Appeals for the Eleventh Circuit entered an Order denying Petitioner’s motion for Rehearing and Rehearing En Banc of its opinion reversing the district court’s dismissal of this action; said Order is reprinted herein at Appendix 33a.
Page 1 and 2: No. LFP PUBLISHING GROUP, LLC, d/b/
Page 3 and 4: QUESTIONS PRESENTED 1. Whether the
Page 5 and 6: iii DISCLOSURE OF PARENT COMPANIES
Page 7 and 8: iv TABLE OF CONTENTS Page(s) QUESTI
Page 9 and 10: vi II. THE ELEVENTH CIRCUIT’S OPI
Page 11 and 12: viii Verified Complaint, With Exhib
Page 13 and 14: ix TABLE OF AUTHORITIES Page(s) CAS
Page 15: xi Virginia v. Black, 538 U.S. 343
Page 19 and 20: STATEMENT OF THE CASE This case pre
Page 21 and 22: 5 of Civil Procedure. The lower cou
Page 23 and 24: (41a, 15; 2a). At the time of her m
Page 25 and 26: 9 asserts that as part of a news st
Page 27 and 28: 11 Accord, Pavesich v. New England
Page 29 and 30: 13 II. THE ELEVENTH CIRCUIT’S OPI
Page 31 and 32: 15 In this case, the Eleventh Circu
Page 33 and 34: 17 B. The Eleventh Circuit Misinter
Page 35 and 36: 19 Ga. at 167. Petitioner submits t
Page 37 and 38: 21 counterbalancing and outweighing
Page 39 and 40: 23 title in large capital letters o
Page 41 and 42: 25 publicity; if they were not, the
Page 43 and 44: 27 To conclude this aspect, the Ele
Page 45 and 46: 29 The test for determining newswor
Page 47 and 48: 31 (Citation omitted). (noting that
Page 49 and 50: 33 in the province of editors, and

LFP PUBLISHING GROUP, LLC, d/b/a Hustler ... - SCOTUSblog

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