California Court of Appeal

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Stewart v. Rolling Stone LLC, A122452

In a class action suit brought by "indie rock" musicians whose band names were included in an editorial in a Rolling Stone issue, claiming unauthorized use of their names for a commercial purpose, trial court's denial of defendants' anti-SLAPP motion is reversed and remanded where: 1) the trial court erred in concluding that a triable issue exists as to whether the editorial feature that is the subject of this litigation constitutes commercial speech; and 2) plaintiffs have failed to present evidence sufficient to establish that they have a probability of prevailing on the merits.

Appellate Information

  • Decided 01/28/2010
  • Published 01/28/2010

Judges

Court

  • California Court of Appeal

Counsel