United States: Trials & Appeals & Compensation

A Washington Court of Appeals has ruled that an employee's not-yet-conceived child may pursue a negligence claim against the employer for birth defects allegedly caused by workplace chemical exposure before conception. The decision addresses whether employers owe a duty of care to future children and whether workers' compensation exclusivity bars such claims, with significant implications pending potential Supreme Court review.

The U.S. Court of Appeals for the 2nd Circuit has affirmed a preliminary injunction against Nielsen in a landmark constructive tying case, establishing that pricing differentials alone can constitute illegal tying under the Sherman Act when they leave buyers with no economically rational alternative. This ruling carries significant implications for data, analytics, and subscription-based businesses that employ bundled pricing strategies, as it confirms that antitrust liability can arise from pricing structu

A federal appeals court has affirmed the dismissal of class actions seeking over $450 million in damages from natural gas companies following Winter Storm Uri's price surge in February 2021. The Tenth Circuit's unanimous decision centered on whether federal jurisdiction over wholesale natural gas markets preempts state consumer protection claims when retail customers challenge the prices their distributors paid to wholesale suppliers. The ruling clarifies the boundaries between federal and state authority i

Earlier this year, the UK Supreme Court gave its judgment in Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks.

The Seventh Circuit Court of Appeals has ruled that text messages do not constitute "calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA)...

The Seventh Circuit Court of Appeals has ruled that text messages do not constitute "calls" under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA), affirming a district court's dismissal of a class action lawsuit. This decision creates a circuit split on whether unwanted text messages can be challenged under this specific provision of the TCPA, potentially setting the stage for Supreme Court review.

This newsletter from Lewis Brisbois' Child Victims Act/Human Trafficking & Assault Practice Group examines critical legal developments in child sexual abuse and human trafficking litigation, including new 50-state surveys on civil restitution and statutes of limitations, significant appellate decisions reshaping notice standards and consent definitions, and contrasting jury verdicts that highlight the evidentiary challenges in decades-old abuse cases. The analysis provides practical insights into how courts

The Supreme Court has issued its landmark decision in Chatrie v. United States, addressing whether law enforcement's use of geofence warrants to obtain cell phone location data from Google constitutes a Fourth Amendment search. This ruling extends the Court's 2018 Carpenter decision and raises critical questions about the constitutional limits of reverse warrants and the third-party doctrine in the digital age.

The Federal Circuit vacated an $11.5 million damages award in a patent infringement case involving smart thermostat technology, finding critical errors in jury instructions and verdict forms that failed to properly address patent eligibility under the Alice framework. The appellate court remanded for new proceedings while affirming that certain patent claims were not directed to abstract ideas, setting the stage for renewed litigation over wireless communications technology in building automation systems.