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HIPSAVER, INC. v. KIEL

SJC-11085

464 Mass. 517 (2013)

HIPSAVER, INC. v. DOUGLAS KIEL.

Supreme Judicial Court of Massachusetts, Norfolk.

March 13, 2013.

Attorney(s) appearing for the Case

Robert LeRoux Hernandez ( Mark Booker with him) for the plaintiff.

Robert P. Powers for the defendant.

Thomas F. Maffei , Scott McConchie , Paul G. Cushing , & Kaitlyn L. Dunn , for Massachusetts General Hospital & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

The present action concerns a claim for commercial disparagement arising from the publication of an article in the Journal of the American Medical Association (JAMA).1 The plaintiff, HipSaver, Inc. (HipSaver), is a Massachusetts corporation engaged in the design, manufacture, and sale of hip protectors, a device that provides protective padding over the wearer's hip bones in order to reduce the risk of hip fractures in the event...

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