files/pictures/picture-35.jpgU.S. District Court judge Otis Wright II has ruled in favor of Warner Bros. in its lawsuit against attorney Marc Toberoff, throwing out Toberoff's plea to toss out the suit on a First Amendment claim, writes The Hollywood Reporter
. Warner Bros. alleges that Toberoff interfered with its negotiations with the estates of Jerry Siegel and Joe Shuster, who he represents, over the rights to Superman, which he recovered for the estates in a previous lawsuit.
Warner Bros. claims that Toberoff's Pacific Pictures Corp. and its Superman rights agreement with the Shusters proves that he wasn't simply acting as their lawyer, but unlawfully interfered in the deal Warner Bros. and the estates were working out in 2002. Toberoff responded by filing an anti-SLAPP motion, which prevents retaliatory lawsuits following the victory in a previous suit.