The U.S. Court of Appeals for the First Circuit, reversing a lower court’s ruling, held that author Fred Kleiner could proceed with a lawsuit against learning company Cengage.

In an April 19 opinion, U.S. Court of Appeals Judge William J. Kayatta Jr. of the First Circuit, reversed a district court’s ruling, determining that the choice of law clause in the parties’ contract didn’t bar Kleiner’s suit.

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