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A.G. EX REL. MADDOX v. ELSEVIER, INC.

No. 12-1559.

732 F.3d 77 (2013)

A.G., by and through his Mother and next Friend, Sherri MADDOX, and K.S., by and through his Mother and Next Friend, Felicia Clark, Plaintiffs, Appellants, v. ELSEVIER, INC., The Bond Clinic, Henry Lerner, M.D., and Eva Salamon, M.D., Defendants, Appellees, American Journal of Obstetrics & Gynecology, Defendant.

United States Court of Appeals, First Circuit.

October 16, 2013.

Attorney(s) appearing for the Case

Kenneth M. Levine , with whom Sheila E. Mone and Kenneth M. Levine & Associates LLC were on brief, for appellants.

William S. Strong , with whom Kotin, Crabtree & Strong, LLP was on brief, for appellee Elsevier, Inc.

Douglas A. Robertson , with whom Charles P. Reidy, III and Martin, Magnuson, McCarthy & Kenney were on brief, for appellee Lerner.

Chad P. Brouillard , with whom Joan Eldridge and Foster & Eldridge, LLP were on brief, for remaining appellees.

Before THOMPSON, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed.R.Civ.P. 12(b)(6), the district court concluded that the plaintiffs' complaint stumbled on the plausibility threshold. See...

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