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Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.
October 19, 2026
9th Circ. Doubts Kids Agreed To Arb. Roblox Gambling Claims

A Ninth Circuit panel doubted Monday a website owner's arguments he's entitled to a trial over whether a putative class of minors agreed to arbitrate their claims Roblox and others operated an illegal gambling business, with one judge saying the appellant wants 9-year-olds to attest to whether they entered a contract.
October 19, 2026
Nike Seeks Quick Appeal In Misleading Email Promo Suit

Nike has asked a Washington state judge for permission to immediately appeal her decision refusing to end a proposed class action alleging it spammed customers' inboxes with emails containing misleading discount subject lines, a move that Nike says could affect over 200 similar pending cases with no-injury claims.
October 19, 2026
Justices Urged To Hear Case Targeting FINRA Enforcement

The U.S. Supreme Court has been asked to hear a case challenging the ability of the Financial Industry Regulatory Authority to impose fines through an in-house disciplinary procedure with a broker who was penalized by the regulator, telling the justices that it was "futile" to first bring his constitutional arguments before the U.S. Securities and Exchange Commission.
October 19, 2026
Texas Justices Won't Review Union Pacific Death Suit

The Texas Supreme Court refused to undo a win for Union Pacific, which was accused of causing the death of a father of three by failing to correct an "extra-hazardous" railroad crossing with a history of near misses and collisions.
October 19, 2026
Colo. Justices Agree To Hear Short-Term Rental Fee Challenge

The Colorado Supreme Court agreed on Monday to hear, as a matter of first impression, a rental owner's challenge to the town of Breckenridge's imposition of a regulatory fee on obtaining or renewing licenses for short-term rentals.
October 19, 2026
Jackson Lewis Hires Calif. DOJ Atty With Employment Chops

An attorney who has decades of experience representing employees in wage-and-hour class actions and Fair Labor Standards Act collective actions against major companies and most recently served as supervising deputy attorney general for the California Department of Justice has joined Jackson Lewis PC.
October 19, 2026
Port Of Seattle Challenges Trump Grant Terms Targeting DEI

The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.
October 19, 2026
6th Circ. Says Mich. Prison Officials Must Face Mold Suit

The Sixth Circuit has ruled that several Michigan prison officials are not entitled to immunity from a lawsuit alleging that they were aware of mold contamination in a women's prison that led to several incarcerated people having seizures and developing respiratory issues.
October 19, 2026
Calif. Appeals Court Revives Claims In Northrop Wage Row

A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.
October 19, 2026
Split 1st Circ. Nixes Plea Over Flawed Immigration Advice

A divided First Circuit panel upheld a decision to vacate a Venezuelan woman's drug conspiracy conviction because a lawyer incorrectly assured her that she could remain in the U.S. and "work out" her immigration status after she pled guilty.
October 19, 2026
5th Circ. Unwinds Cassava Class Over 'Meme Stock' Claims

The Fifth Circuit has overturned the class status of investors accusing Cassava Sciences Inc. of making misleading statements about clinical trial results for a potential Alzheimer's drug, saying that a lower court judge did not properly consider the company's arguments that its stock price was impacted by the "meme stock" craze.
October 19, 2026
3rd Circ. Denies Church Interim Relief In Shrine Zoning Fight

A church may be likely to win its case that a Pittsburgh-area zoning board violated its religious liberties by rejecting a shrine to the "sanctity of life," but a split Third Circuit panel ruled Monday that it did not merit a preliminary injunction because preserving the "status quo" did not require construction of the shrine.
October 19, 2026
Mass. Court Affirms Doctor's Partial Win Over Insurer

A Massachusetts doctor whose career was cut short after losing the use of his feet is entitled to damages from Paul Revere Life Insurance Co. for breach of contract and unfair settlement practices under state law, but cannot revive other claims tossed by a judge or extend the statute of limitations, an intermediate appellate court said Monday.
October 19, 2026
Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.
October 19, 2026
Catching Up With Delaware's Chancery Court

The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.
October 19, 2026
NJ Panel Urged To Apply Bias Law To Commercial Tenants

A clothing boutique owner urged a New Jersey appellate court Monday to revive her sexual harassment claim against her landlord, arguing that the state's discrimination law applies to commercial tenancies.
October 19, 2026
Biz Groups Back Health System's Win In 401(k) Forfeiture Suit

The U.S. Chamber of Commerce and an employee benefit administrator trade group backed a Louisiana healthcare system's win over a lawsuit challenging its use of forfeited 401(k) funds to cover employer contributions, telling the Fifth Circuit that federal regulations have greenlighted the practice for decades.
October 19, 2026
Fed. Circ. Says Metadata Backs Valtrus In Google Search IPR

The Federal Circuit on Monday rejected Google's efforts to renew its Patent Trial and Appeal Board challenge of a Valtrus Innovations Ltd. search engine patent, saying that Microsoft Word metadata could be used to prove that the invention predated an earlier application for another patent.
October 19, 2026
DOJ Appeals New Trial Order In Ex-NFL Player's Fraud Case

The U.S. Department of Justice said it's asking the Fifth Circuit to review a Texas federal judge's decision to grant a new trial for a former NFL player convicted in a $328 million Medicare billing scheme.
October 19, 2026
6th Circ. Says Girlfriend Can Consent To Parole Phone Search

The Sixth Circuit has ruled that a man convicted of a weapons felony cannot suppress evidence from a warrantless search of his phone, because his girlfriend gave the password to his parole officers and allowed them to review photos stored on the device.
October 19, 2026
Amazon Union Pans Co.'s Case In 5th Circ. Election Challenge

Amazon's challenge to the National Labor Relations Board's order to bargain with workers at a Staten Island warehouse relies on "extraordinarily strained readings of the board's decision" to reject its objections to an election the union won handily, the Teamsters told the Fifth Circuit.
October 19, 2026
FCC Urged To Consider New Cellphone Radiation Studies

An environmental group told the Federal Communications Commission it has an obligation to scrutinize existing science rather than lean on years-old conclusions as it examines the health effects of cellphone radiation.
October 19, 2026
5th Circ. Says Texas Can Block China-Linked Energy Deal

The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.
October 19, 2026
9th Circ. Renews Coverage Suit Under Ariz. 'Fortuity' Test

The Ninth Circuit has revived a landlord's suit seeking coverage for $2.7 million in water damage after the Arizona Supreme Court for the first time defined a "fortuitous loss" in an insurance policy in response to a certified question.
October 19, 2026
Full Fed. Circ. Won't Revive Insulet's $59M Trade Secrets Win

The Federal Circuit will not reinstate a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., rejecting insulin product developer Insulet Corp.'s request for rehearing of a panel decision overturning the award.

Editor's Picks

Circuit-By-Circuit Guide To The US Supreme Court's Term

Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.
After Tense Terms, Hints Of High Court Harmony With Circuits

Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.
The Funniest Moments Of The Supreme Court's Term

When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

Expert Analysis

2nd Circ. Eases Employer Defense Of Dress Code Rules

The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.
5 Prediction Market Queries For Every League, Athletic Dept.

The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.
Tips For Employers As Calif. Court Limits Harassment Liability

Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.
What CMS Audit Rule Means For Medicare Advantage Plans

Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.
SEC's Insider Trading Duty Rule May Face Loper Bright Test

In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.
What's At Stake As Justices Rethink Sentencing Commentary

Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.
Bankruptcy Deadlines, Concessions Can Decide Lien Priority

The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.
What Lawyers Should Know Before Accepting Crypto Payment

As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.
Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.
Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.
Fighting Class Cert. In Wash. False Email Promo Cases

Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.
Calif. Decision Shows Limits Of Self-Serving Testimony

A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.
Where The 3 Prediction Market Appellate Rulings Diverge

Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.
Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.
8th Circ. Ruling Limits Receiver Insurance Recovery Rights

The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.