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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 14, 2026
US Backs Alaska In High Court Fight Over Plane Forfeiture

The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.
October 14, 2026
FirstEnergy Beats 3rd Circ. Appeal In Fatal Catwalk Fall Suit

The mother of a construction worker killed by a collapsing catwalk can't sue the former operator of a Pennsylvania power plant because she hadn't shown FirstEnergy Corp. retained sufficient control over a demolition contractor to share liability, a split Third Circuit panel ruled Wednesday.
October 14, 2026
Fla. Can Seek Death Penalty After Improper Waiver, Panel Says

A Florida appeals court on Wednesday denied a defendant's bid to reconsider a ruling that allows prosecutors to seek the death penalty against him, finding that a death penalty waiver filed in his initial murder case had been improperly applied to a later superseding indictment.
October 14, 2026
9th Circ. Blocks Calif. Law Requiring Fed Agents To Show IDs

A Ninth Circuit panel on Wednesday reversed the implementation of a California law requiring federal agents to display identification, saying the Trump administration is "certain to succeed" on its argument that the state statute violates the U.S. Constitution's supremacy clause.
October 14, 2026
Mass. Top Court Rejects Trade Secret Harm 'Presumption'

Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.
October 14, 2026
Litigation Funding Partners Clash Over Shift In Del. High Court

Priority Pre-Settlement Funding LLC and Brett K. Findler urged the Delaware Supreme Court on Wednesday to revive claims accusing Findler's former business partner of quietly shifting their litigation-finance business into hedge funds the partner controlled, while the other side argued Findler knew about the new structure, agreed to it and helped put it in place.
October 14, 2026
Panel Won't Revive Doctor's MedMal Suit Against Emory

A Georgia appeals court declined Wednesday to reinstate a doctor's lawsuit against Emory Healthcare, ruling that the doctor's bankruptcy proceedings didn't extend the state's five-year deadline for bringing medical malpractice claims.
October 14, 2026
Ohio High Court Raises Bar For Preindictment Delay Claims

The Ohio Supreme Court on Wednesday ruled that prosecutors did not illegally delay charges when they brought a homicide charge against a father nearly 16 years after his daughter died, in an opinion that undid decades of case law in the state.
October 14, 2026
Jenzabar Investors Ask Del. Justices To Revive $55M Suit

Jenzabar Inc. and former members of New Media Investors II LLC, an investment vehicle formed to hold Jenzabar securities, clashed before the Delaware Supreme Court on Wednesday over whether the investors can revive their suit seeking roughly $55.25 million tied to the higher education software company's stock warrants, even though the investment vehicle was canceled in 2017.
October 14, 2026
Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.
October 14, 2026
11th Circ. Says Fla. Can Enforce Social Media Teen Ban

The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.
October 14, 2026
Trade Court Can Order Refunds Without Suits, Fed Circ. Told

A subset of importers shouldn't be required to file suits at the U.S. Court of International Trade to receive refunds for tariffs paid that were deemed unlawful by the U.S. Supreme Court, the U.S. Chamber of Commerce and a technology trade organization told the Federal Circuit.
October 14, 2026
Pa. County Urges Appeals Court To Revive Climate Suit

A Pennsylvania county's lawsuit that accuses oil companies of concealing the impacts of fossil fuels on climate change isn't preempted by federal law and should be revived, a state appellate court heard Wednesday.
October 14, 2026
Trustee Asks 1st Circ. To Nix Shuttered Bank Owner's Claims

A Puerto Rico federal court properly dismissed claims against a trustee appointed to administer the receivership of a shuttered online bank suspected of facilitating tax evasion and money laundering, he told the First Circuit, saying he's entitled to 11th Amendment immunity because he was sued in his official capacity.
October 14, 2026
Ga. Justices Zero In On Precedent In Election Board Battle

The Georgia Supreme Court on Wednesday considered whether a decades-old state high court ruling allows Fulton County officials to reject two of the county Republican Party's nominees for the local election board, hinting that precedent could support the county's power to turn away the would-be board members.
October 14, 2026
Full Fed. Circ. Won't Review Brick Duty Definition Holding

The Federal Circuit said Wednesday that it won't reconsider its determination that the U.S. Court of International Trade properly found duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, despite a claim the ruling ran afoul of precedent and will cause "devastating harm."
October 14, 2026
Judge Questions Limits On National Guard Deployment

Tensions rose in a D.C. federal courthouse Wednesday when a federal appeals court judge asked the government what the limiting principle is in the president calling up the National Guard.
October 14, 2026
Ga. Justices Deem Fire Fee Illegal, Back $30M In Refunds

A Georgia county must issue more than $30 million worth of refunds and interest to property owners to whom it charged a fire protection fee, the state's high court affirmed Wednesday, finding the fee constituted an unauthorized tax.
October 14, 2026
Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.
October 14, 2026
Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.
October 14, 2026
Feds Fight Top Court Review Of Ex-Defender's Sex Bias Suit

The federal judiciary has urged the U.S. Supreme Court to reject a former assistant public defender's petition challenging its internal complaint process for workplace sex harassment, arguing the questions she presented weren't properly preserved in the lower courts.
October 14, 2026
Ga. Atty Disbarred After Guilty Plea In Police Report Scheme

The Georgia Supreme Court Wednesday disbarred a personal injury lawyer who pled guilty for his part in a scheme using stolen accident reports to find clients and financially benefit from settlement money.
October 14, 2026
US Urges 4th Circ. To Reverse Afghan Families Entry Orders

The Trump administration urged the Fourth Circuit to reinstate a travel ban on families seeking to join Afghan refugees granted asylum in the United States, arguing a lower court lacked authority to override the State Department's decision.
October 14, 2026
1st Circ. Rejects Brown U. Prof's Challenge To Deportation

The First Circuit has said it lacks jurisdiction to review a Brown University professor's deportation and five-year ban on trying to return to the United States, affirming a Massachusetts district judge's dismissal of her habeas petition.
October 14, 2026
Voting Groups Tell High Court To Block Citizenship Proof Rule

A number of voting rights groups are urging the Supreme Court to reject the Republican National Committee's bid to undo a Ninth Circuit ruling over two Arizona voting laws, saying the RNC failed to show that documentary proof of citizenship is necessary to vote by mail and in presidential elections.

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

5th Circ. Ruling Shows Lien Deadlines Can Decide 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.
Series

Mentalism Makes Me A Better Lawyer

Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.
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.