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KLEINER v. CENGAGE LEARNING HOLDINGS II, INC.

No. 22-1451.

66 F.4th 28 (2023)

Fred KLEINER, on behalf of himself and all others similarly situated, Plaintiff, Appellant, v. CENGAGE LEARNING HOLDINGS II, INC.; Cengage Learning, Inc., Defendants, Appellees, DOE Affiliated Entities 1-10, Defendants.

United States Court of Appeals, First Circuit.

April 19, 2023.

Attorney(s) appearing for the Case

Richard Weingarten , with whom David Slarskey , Slarskey LLC, Edward V. Colbert III , David Koha , and Casner & Edwards, LLP, were on brief, for appellant.

Michael R. Gottfried , with whom Duane Morris LLP, was on brief, for appellees.

Before Kayatta, Lynch, and Gelpí, Circuit Judges.

Fred Kleiner claims that Cengage Learning Holdings II, Inc., and Cengage Learning, Inc. (collectively, "Cengage") committed unfair and deceptive business practices under Massachusetts law by intentionally obfuscating information regarding the sales of his published books. Cengage parries that a choice of law clause in its...

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