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FAMILY OF NANCY BENOIT BACK IN COURT TODAY AGAINST HUSTLER

The family of the late Nancy Benoit was back in court today for an appeals hearing stemming from their lawsuit against Larry Flynt Publications' Hustle Magazine. In 2009 United States Court of Appeals decision that had overruled a previous judgment in the lawsuit brought against the adult magazine for publishing nude photos of a young Nancy Benoit in the wake of the Benoit family tragedy. Hustler was attempting to have the appeal ruling, which would require them to pay almost $20 million, to be thrown out.

The photos, taken in 1983, were from a nude photo and video session Nancy Benoit did while looking into adult modeling. Upon choosing not to pursue that career, she requested the photos and videos be destroyed and was under the impression they were.

The photos appeared in the magazine in the Spring of 2008. Nancy Benoit's parents, The Toffolonis immediately filed a lawsuit, which they lost as the Judge claimed the photos were "newsworthy." The family filed an appeal, gaining judgment in 2009.

The appeals court sided with Nancy Benoit's family, noting the photos were published without permission and without compensation, violating Nancy Benoit's privacy.

The Toffolini family also wrongful death suit against Dr. Phil Astin III, who handled the Benoits' medical care, as well as three different unnamed pharmaceutical companies.

The family also filed a lawsuit against the Benoit family physician Phil Astin III, but that case was dismissed in 2010 by the court, which ruled that the family failed to state a claim against Astin.

Astin was sent to prison for illegally dispensing medication for a number of patients, including the late Sherri Martel and Johnny Grunge in the wake of the Benoit tragedy.

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