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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 07, 2026
Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.
October 07, 2026
9th Circ. OKs 90-Day Stay For Maker Of Eye Drops

The Ninth Circuit isn't going to rehear its decision preserving a win in a case accusing the maker of Clear Eyes drops of illegal price discrimination in favor of Costco, but it will hold off on issuing the mandate while the eye drop maker appeals to the U.S. Supreme Court.
October 07, 2026
1st Circ. Clearing Appeals Over Old FCC Jail Phone Cap Order

The First Circuit is clearing up a tangle of appeals it has on its plate challenging the Federal Communications Commission's prison phone rate caps after the agency threw a wrench in the plan by updating those regulations post-oral argument.
October 07, 2026
5th Circ. Ponders Stanford Scheme Receiver's $30M Fee Bid

A Fifth Circuit judge on Wednesday questioned the rationale for restraining a portion of a receiver's fees, as the lawyer who clawed back $2.8 billion for victims of Robert Allen Stanford's multibillion-dollar Ponzi scheme argued he was entitled to $30 million.
October 07, 2026
Eldercare Co.'s Wage Class Fight Bound For Wash. High Court

Washington's highest court agreed Tuesday to take up whether an appellate panel rightly revived two workers' proposed wage-and-hour class action against an eldercare provider despite the plaintiffs' membership in a separate class action against the company that was previously settled.
October 07, 2026
Ritz-Carlton Fights Condo $55M Property Tax Hike On Appeal

A Colorado Court of Appeals panel Wednesday probed whether 54 condominium units at the Ritz-Carlton should be valued as whole fee-simple units, or at a lower valuation to accommodate the fractional-ownership model used at the Colorado mountain property.
October 07, 2026
States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents.
October 07, 2026
Feds Back High Court Review Of Robinhood Disclosure Suit

The Trump administration urged the U.S. Supreme Court Wednesday to take up Robinhood Markets Inc.'s bid to clarify securities issuers' liability for omitting material interim financial information from registration statements, saying the Ninth Circuit erroneously imposes liability by "collapsing" two elements of a misleading-omissions violation.
October 07, 2026
Jets' Arbitration Bid In Firing Case Meets Skeptical Panel

A New Jersey appellate court on Wednesday questioned the New York Jets' bid to limit a federal arbitration exemption to sexual harassment victims and reporters, probing whether the law might also protect an employee who claims she was fired because of harassment allegations involving others.
October 07, 2026
Justices Wary Of Prolonging Guam Ammo Disposal Suit

The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.
October 07, 2026
Mich. Justices Skeptical Of City Immunity In Drowning Suit

The Michigan Supreme Court on Wednesday peppered attorneys with questions on whether governmental immunity applies in a wrongful death suit over a teen's drowning at a city-run public lake beach, with the justices questioning whether the city adequately proved it doesn't use beach profits for other purposes.
October 07, 2026
Board Bars Removal Relief For Nepali Who Traveled Home

The Board of Immigration Appeals on Wednesday upheld an immigration judge's finding that a Nepali citizen's travel to Nepal after he was granted permission meant he abandoned his bid to secure asylum or otherwise avoid removal to Nepal.
October 07, 2026
Colo. Panel Mulls Telecom Co.'s Challenge To $24M Judgment

A Colorado wireless internet company urged a Colorado appellate court Wednesday to overturn a $24 million judgment against it that the company says came without due process, fielding the panel's questions on the appropriate standard to use in evaluating the company's appraisal dispute with its shareholders.
October 07, 2026
Alito Explains Recusal But Says It Shouldn't Become Practice

U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.
October 07, 2026
ATG Hid Alliance In Chancery Proxy Fight, Del. Justices Told

Empery Digital Inc. directors urged the Delaware Supreme Court on Wednesday to reverse a ruling requiring activist investor ATG Capital Opportunities Fund LP's board nominees to stand for election, arguing ATG failed to disclose an alleged voting arrangement with another stockholder, while ATG maintained the company is trying to impose disclosure requirements its bylaws do not contain.
October 07, 2026
Immigration Board Orders Detention Of Unlicensed Trucker

The Board of Immigration Appeals has ruled that a Russian native could not be released on bond, saying he posed a danger to the community because he worked as a long-haul truck driver even though he lacked a commercial driver's license.
October 07, 2026
Texas Justices Push Exxon On Explosion Suit Coverage Bid

The Texas Supreme Court pressed Exxon Mobil Corp. to explain why an AIG unit should have to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at the oil giant's refinery in Beaumont, asking Wednesday if the company had control over the workers who were injured.
October 07, 2026
Ark. Panel Says Insurers Must Defend Walmart Opioid Suits

Insurers for Walmart must defend the retail giant against underlying suits claiming its sale of prescription painkillers contributed to the opioid epidemic, an Arkansas state appeals court affirmed Wednesday, finding that the suits allege accidental conduct and are seeking damages because of bodily injury.
October 07, 2026
Pa. Justices To Review Geofence Challenge Post-Chatrie

The Pennsylvania Supreme Court agreed this week to hear a challenge to a geofence warrant just months after the U.S. Supreme Court ruled in Chatrie v. U.S. that such warrants implicate Fourth Amendment search protections.
October 07, 2026
Excess Insurers Tell 4th Circ. Under Armour Owes Interest

Five excess insurers told the Fourth Circuit that Under Armour Inc. must pay prejudgment interest on its return of $90 million in advanced coverage for defense costs, arguing a Maryland federal judge erred in determining they weren't owed interest under state law.
October 07, 2026
Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.
October 07, 2026
5th Circ. Won't Revive Suit Against Dishwasher Water Rule

The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.
October 07, 2026
1st Circ. Seems Torn On DOJ Bid For Trans Care Records

The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.
October 07, 2026
4th Circ. Says FCC Defied Congress Through Political Ad Rule

A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.
October 07, 2026
1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

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

Opinion

Illinois Should Vacate Convictions Tainted By Racist Counsel

After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.
W.Va. Case Could Be An Existential Threat To Citizen Suits

Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.
Why And How To Build A Neurodiversity-Informed Practice

By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.
Series

Illinois Banking Brief: All The Notable Legal Updates In Q3

Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.
New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.
Patent Eligibility Bulletin: Claim Solutions, Not Results

In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.
Prediction Market Case Tests Novel Insider Trading Theory

The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.
3 Illinois Updates That Bolster Mortgage Lender Enforcement

Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.
Series

Mich. Banking Brief: All The Notable Legal Updates In Q3

We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.
The Patent Circuit: Marking Duties For Licensed Tech

The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.
NY Art Ruling Creates Fault Line In Cultural Property Cases

A recent New York state appellate decision, blocking a Holocaust victim’s heirs from using a criminal turnover order to reclaim a work the Art Institute of Chicago says it acquired legally, makes establishing ownership a newly central question in cultural property disputes, says Duncan Levin at Levin & Associates.
What Anthropic Security Ruling Means For Gov't Contractors

In light of the D.C. Circuit ruling backing the U.S. Department of Defense's decision to remove Anthropic's Claude artificial intelligence models from its supply chain, there are a few steps contractors can take in response, including assessing whether to eliminate use of Anthropic products entirely, say attorneys at Blank Rome.
DC Circ. Ruling Highlights Limits Of DOE Grid Orders

The D.C. Circuit's recent decision in Michigan v. U.S. Department of Energy, vacating a DOE order to keep a coal-burning power plant open, gives utilities more insight into the durability of federal orders premised on protecting grid security, say attorneys at ArentFox Schiff.
Testing AI's Promise For Large-Scale Document Review

Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.
Opinion

Colo. Climate Suit Defies Limits Of State Power

In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.