Stewart v. Rolling Stone LLC, No. 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.     

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Appellate Information

Filed January 28, 2010

Judges

Opinion by Judge Dondero

Counsel
For Appellant:  Davis Wright Tremaine, Elizabeth A. McNamara, Esq., (Pro Hac Vice), Thomas R. Burke, Esq., Rochelle L. Wilcox

For Appellee:   Bartko, Zankel, Tarrant & Miller, Christopher J. Hunt, Esq., Gisu Sadaghiani, Esq.