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JI v. BOSE CORP.

Nos. 09-2341, 09-2342, 09-2343.

626 F.3d 116 (2010)

Ting JI, Plaintiff, Appellant/Cross-Appellee, v. BOSE CORPORATION, Defendant/Third-Party Plaintiff, Appellee/Cross-Appellant/Third-Party Cross-Appellee, White/Packert, Inc., Defendant/Third-Party Defendant, Appellee/Third-Party Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided November 23, 2010.

Attorney(s) appearing for the Case

David K. Friedland , with whom Jaime Rich Vining , Lott & Friedland, P.A., Michael J. Schlesinger , Michael L. Cotzen and Schlesinger & Cotzen, P.L. were on brief, for appellant/cross-appellee.

Gregory A. Madera , with whom Amy L. Brosius , Stephen A. Marshall and Fish & Richardson P.C. were on brief, for Bose Corporation.

Mark D. Robins , with whom Michael R. Scott and Nixon Peabody LLP, were on brief, for White/Packert, Inc.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

These three consolidated appeals arise out of the improper use of a model's image to package and promote a home entertainment system. The model, plaintiff Ting Ji (Ji), although successful at trial as to liability, insists that a new trial as to damages is necessary to cure the district court's purported errors in refusing to compel discovery and instructing the jury. The maker of the entertainment system, defendant Bose Corporation (Bose),...

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