The U.S. Court of Appeals for the First Circuit must decide whether to revive the plaintiffs’ case under a Massachusetts consumer protection law that allows for treble damages.

“These plaintiffs did not get the benefit of a fair trial because of this article,” plaintiffs attorney Kenneth Levine of Kenneth M. Levine & Associates of Brookline, Mass., told the court on September 11 in A.G. v. Elsevier Inc.