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BOSHEARS v. PEOPLECONNECT, INC.

No. 22-35262.

76 F.4th 858 (2023)

John BOSHEARS, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. PEOPLECONNECT, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 13, 2023 San Francisco, California.

Attorney(s) appearing for the Case

Ian H. Gershengorn (argued) and Illyana A. Green , Jenner & Block LLP, Washington, D.C.; Clifford W. Berlow , Debbie L. Berman , Wade A. Thompson , and Daniel W. Bobier , Jenner & Block LLP, Chicago, Illinois; Brent Caslin , Jenner & Block LLP, Los Angeles, California; Michael Rosenberger and Mark A. Wilner , Gordon Tilden Thomas & Cordell LLP, Seattle, Washington; for Defendant-Appellant.

Ben R. Osborn (argued), Law Office of Benjamin R. Osborn, Brooklyn, New York; Michael F. Ram , Morgan & Morgan Complex Litigation Group, San Francisco, California; Samuel J. Strauss and Raina Borrelli , Turke & Strauss LLP, Madison, Wisconsin; for Plaintiff-Appellee.

Before: Carlos T. Bea, Mark J. Bennett, and Holly A. Thomas, Circuit Judges.

OPINION

Plaintiff-Appellee John Boshears sued Defendant-Appellant PeopleConnect, Inc., alleging that it violated his right of publicity by using his photo on its website, Classmates.com. PeopleConnect responded by seeking two forms of relief. First, it sought to compel Boshears to arbitrate his claims under section...

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