ARTICLE
10 March 2022

OEMs Will Have To Wait Another Month For Decision In Massachusetts Right To Repair Case

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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...
United States Transport
To print this article, all you need is to be registered or login on Mondaq.com.

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 brought by an industry trade association to a right to repair ballot initiative passed by Massachusetts voters in November 2020. The case involves a challenge to the Massachusetts Right to Repair Law, which requires that commencing with Model Year 2022 (MY22), vehicles sold in Massachusetts using telematics systems be equipped with "an inter-operable, standardized and open access platform" to enable customers and independent repair shops to access mechanical data from those systems.  

Judge Douglas Woodlock held a week-long bench trial last June, during which the industry offered evidence that compliance with these requirements by MY22 would be impossible, while the Massachusetts Attorney General's Office argued that automakers could comply with the new law by simply disabling telematics systems installed in vehicles sold in Massachusetts.  It appeared at the time that the court would enter a ruling soon after the trial, but the Massachusetts Attorney General sought and obtained leave to reopen evidence in the case in October 2021, pointing to the decision by some manufacturers to disable the telematics systems in MY22 vehicles sold in Massachusetts as evidence that it was not impossible for OEMs to comply with the new law.

After receiving further evidence from the parties in January 2022, Judge Woodlock had previously advised the parties that he expected to issue a decision by March 7, 2022.  In his latest order, however, Judge Woodlock advised the parties that "unforeseen and unforeseeable circumstances, principally involving supervening but insistent writing responsibilities in other matters," had prevented him from being able to meet his self-imposed deadline," but assured them that by April 15, 2022 he anticipated being able to issue a "fully satisfactory opinion . . . bringing this case at last to an appealable final judgment."  Meanwhile, there has been no action in the Massachusetts Legislature on pending legislation that would push the deadline for OEMs to comply with the Right to Repair Law until Model Year 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More