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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 08, 2026
Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.
October 08, 2026
Ga. Appeals Panel OKs Police Gang Investigator As Expert

The Georgia Court of Appeals on Thursday that a police investigator who has interviewed more than 150 members of a specific street gang and has attended gang investigation trainings is qualified to serve as an expert witness in a criminal trial.
October 08, 2026
Coastal County Tells Texas Justices It's Free To Tax Stored Oil

A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.
October 08, 2026
Man Appeals $10M Tax Bill Over Unreported Company Income

A man is appealing a U.S. Tax Court order that found he owes around $10.4 million in taxes and penalties for failing to report company funds he used for personal expenses such as luxury cars, according to a notice filed Thursday.
October 08, 2026
7th Circ. Backs Ex-Chicago Atty's Tax Fraud Conviction

The Seventh Circuit affirmed a man's two-and-a-half-year prison sentence for tax fraud, witness tampering and contempt Thursday, rejecting his argument that the government didn't present sufficient evidence to prove that he was guilty of filing false corporate and individual income tax returns.
October 08, 2026
2nd Circ. Says Filed Rate Doctrine Bars Utility Bond Claims

The Second Circuit has declined to revive a suit alleging Bloomberg LP reclassified certain utility company bonds to hike interest rates paid by electricity customers, finding that customers cannot challenge such rates because the utilities filed the interest rates with state regulators before issuing the bonds.
October 08, 2026
DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.
October 08, 2026
11th Circ. Backs Home Insurer In Debris Feud Coverage Row

A Georgia federal court had jurisdiction over a homeowners insurance coverage dispute when it determined that a Peach State couple wasn't entitled to coverage for a suit brought by their neighbors over debris left on a shared property line, the Eleventh Circuit ruled Thursday.
October 08, 2026
Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

The former CEO of electric-truck maker Nikola has asked the U.S. Court of Appeals for the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald J. Trump.
October 08, 2026
11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.
October 08, 2026
Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.
October 08, 2026
New Fraud Division Flexes Might In Latest Enforcement Policy

The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.
October 08, 2026
Fla. Panel Reverses Atty Fees Award In Atty's POA Dispute

A Florida appellate court has reversed an attorney fees award in a property purchase dispute involving a Florida attorney, a local property owners association and other parties.
October 08, 2026
High Court Puts 4th Circ. Political Ad Rate Ruling On Ice

The U.S. Supreme Court on Thursday stayed a Fourth Circuit ruling that directed the Federal Communications Commission to review an agency staff decision requiring broadcasters charge the lowest political ad rates for committees tied to candidates.
October 08, 2026
Pa. Legislators Want More Time To Regulate 'Skill Games'

Three Pennsylvania lawmakers and a coalition of "skill games" operators want the state Supreme Court to extend a deadline before police start seizing the game terminals, hoping to give the state Legislature more time to pass a law governing the games after the court found them to be illegal slot machines.
October 08, 2026
Fed. Circ. Presses Inventor On SAWS Bias Challenge

Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.
October 08, 2026
2nd Circ. Spikes Yale Health Workers' Vax Mandate Challenge

The Second Circuit shut down a suit Thursday from workers who claimed Yale New Haven Health violated their rights by subjecting them to a COVID-19 vaccine mandate, saying their constitutional claims were doomed by a lack of state involvement.
October 08, 2026
US Drops Appeal Of $49M In Grants Won By Wind Farm

The U.S. government dropped its Federal Circuit appeal of a lower court's approval of $49.4 million in additional renewable energy cash grants for the country's second-largest wind farm, ending a 13-year dispute over the grant amount.
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.

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

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.
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.