California Court Of Appeal Affirms High Bar For Malicious Prosecution Claims In Consumer Class Actions

The California Court of Appeal has reaffirmed the demanding standard required to pursue a malicious prosecution claim following the dismissal of a consumer class action. In Citizens of Humanity, LLC v. Donboli, the court held that a family relationship between a proposed class representative and class counsel does not automatically deprive a class action of probable cause, reinforcing that malicious prosecution claims remain difficult to sustain absent evidence that the underlying lawsuit was entirely […]

By | July 1st, 2026 ||

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 | February 12th, 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 | February 10th, 2026 ||