Plaintiff filed a putative class action complaint against Defendant on behalf of himself and other authors alleging a single count for violation of Mass. Gen. Laws ch. 93A, seeking declaratory and injunctive relief requiring Defendant to disclose its royalty calculation methods and provide reasonable disclosures of royalty-related information. The district court granted Defendant’s motion to dismiss, concluding that the choice of law in Plaintiff’s publishing agreement mandating that all disputes be resolved according to New York law barred the assertion of a claim arising only under Massachusetts law. The First Circuit reversed, holding that Plaintiff’s Chapter 93A claim was not precluded by the choice of law clause before the Court.

Kleiner vs. Cengage Learning Holdings II, Inc., No. 22-1451 (1st. Cir. 2023).

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