First Circuit Appears Skeptical About Aspects Of Mass. Data Law; Urges Negotiated Resolution

At least one member of a panel of the U.S. Court of Appeals for the First Circuit said she was “troubled” by aspects of the Massachusetts Data Access Law—approved overwhelmingly by voters in a November 2020 ballot initiative—during oral argument on February 3, 2026 in an appeal brought by the Alliance for Automotive Innovation (“Auto Innovators”) arguing the state law is preempted by the Federal Motor Vehicle Safety Act (FMVSA). The First Circuit urged Auto Innovators […]

By | Feb 12, 2026 ||

NJ Appellate Division Finds Easement Abandoned By Its Holder’s Actions

In a January 13, 2026 opinion, the New Jersey Appellate Division found that a holder of a recorded parking easement abandoned same by its action and inaction over the course of decades. PC Clark Prop. LLC v. Halstead Realty, LLC, 2026 N.J. Super. Unpub. LEXIS 52 (Super. Ct. App. Div. Jan. 13, 2026).
What Led to the New Jersey Parking Easement Dispute
In the mid-1970s, Anthony and Helen DiGiovanni purchased three contiguous parcels designated as Parcels 1213, […]

By | Feb 10, 2026 ||

Illinois Appellate Court Requires Setoff Of High-Low Settlement Payments Even After A Defense Verdict

Because a tort plaintiff in Illinois is entitled to only one satisfaction for an injury, the state’s Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., provides that a settlement from one defendant reduces the amount that the plaintiff may recover from another defendant:

When a release or covenant not to sue or not to enforce judgment is given in good faith to one or more persons liable in tort arising out of the […]

By | Feb 08, 2026 ||