A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more
Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for...more
The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that “pure omissions” from periodic SEC filings (absent any other duty to disclose) are not actionable...more
4/25/2024
/ Macquarie Infrastructure Corp v Moab Partners LP ,
Omissions ,
Regulation S-K ,
Rule 10b-5 ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations
A Massachusetts federal court judge has ruled that an OEM-branded prepaid vehicle maintenance plan sold and administered by a third-party to auto dealers is not subject to the Massachusetts Motor Vehicle Dealer Act and...more
9/7/2023
/ Auto Repair Regulations ,
Auto Warranties ,
Automotive Industry ,
Car Dealerships ,
Maintenance Fees ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Operation & Maintenance ,
Supply Chain ,
Volvo
The Alliance for Automotive Innovation, a trade association representing U.S. automakers and other manufacturers, announced on July 11, 2023 that it had entered into an agreement with trade associations representing...more
In a June 13, 2023 filing in the Alliance for Automotive Innovation v. Campbell case pending in Massachusetts federal court, the National Highway Traffic Safety Administration (NHTSA) gave notice that it had sent a letter to...more
On June 1, 2023, the Massachusetts Attorney General published the Massachusetts Vehicle Telematics System Notice that new car dealers in Massachusetts must now provide to purchasers of model year 2022 or later vehicles if...more
The Massachusetts federal judge in the Alliance for Automotive Innovation v. Attorney General action denied today a motion for a temporary restraining order seeking to enjoin the Massachusetts Attorney General’s forthcoming...more
The Federal Trade Commission (FTC) continues to focus on the automotive and related industries, with the FTC announcing on March 24, 2023 that it had entered into an agreement settling claims against operators of a...more
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it was withdrawing three “outdated” antitrust enforcement policy statements related to healthcare markets. “After careful...more
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
On October 18, 2022, the Federal Trade Commission (FTC) announced a settlement resolving allegations that Passport Automotive Group, a Maryland-based automobile dealer group, packed junk fees into the cost of the vehicles it...more
Two procedural orders issued on September 14, 2022 by the Massachusetts federal court in Alliance for Automotive Innovation v. Healy suggest that a public decision in that case is unlikely to be forthcoming until October 2022...more
On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor...more
The Department of Justice recently announced a revision of its policy concerning charging violations of the Computer Fraud and Abuse Act (the “CFAA”). Following recent decision from the Supreme Court and appellate courts that...more
In September 2019, the Ninth Circuit held that hiQ Labs, Inc.’s (“hiQ”) collection and use of information that LinkedIn users shared on their public profiles did not violate the Computer Fraud and Abuse Act (“CFAA”) because...more
A Massachusetts waffle manufacturer, The Burgundian, recently filed a lawsuit alleging that a potential co-venturer, Eastern Standard Provisions, submitted its Liege waffles for inclusion on Oprah Winfrey’s annual “Favorite...more
On April 15, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another two and a half months to issue a decision on...more
On March 8, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another month to issue a decision on a challenge...more
On February 2, 2022, U.S. Rep. Bobby L. Rush introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 6570 (the “Act”), legislation that would require OEMs to make vehicle-generated data more...more
The Massachusetts federal district court judge overseeing a challenge to recent changes to the Massachusetts Right to Repair Law in Alliance for Automotive Innovation v. Healey announced today that he will issue a decision in...more
On Friday, January 14, the Massachusetts Attorney General’s Office and the Alliance for Automotive Innovation filed dueling briefs in Alliance for Automotive Innovation v. Healey, a case pending in Massachusetts federal...more
On Thursday, October 28, a Boston federal judge agreed to reopen evidence in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the “Data Law”), and...more
Automakers will have to wait a little longer to find out whether they will be required to comply with required changes to installed telematics systems beginning with model year 2022 (MY22) vehicles that Massachusetts voters...more
A Boston federal court heard the final round of closing arguments on Wednesday, July 21 in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the...more