The court denied Hustler's appeal on Monday. Benoit murdered his wife and their son, Daniel, before killing himself back in 2007.
Hustler soon after published 20-year-old nude pictures of Nancy after the deaths hit the mainstream media.Her family filed a lawsuit against the Larry Flynt Publishing Group, the company that publishes Hustler, in which they claimed that Nancy, a model and former wrestler, had asked the photographer to destroy the photographs right after they had been taken.
A federal judge had before ruled in favor of Hustler back in October 2008, dismissing the lawsuit and concluding that the magazine could print the pics as her death was a "legitimate matter of public interest and worry."