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Significant Business Cases Slated for Decision in the Supreme Court Term

October 02, 2008

By Stephen B. Kinnaird and Sean D. Unger

Monday, October 6th will mark the beginning of the new term of the United States Supreme Court (October Term 2008). The most notable development is that, after years of a shrinking docket, the Court is beginning to step up the pace. As of October 1, the Court has granted 53 cases for argument. By comparison, the Court had granted only 43 cases at the same point last year, on its way to a mere 67 merits opinions in October Term 2007 (one of the lowest totals in decades). The Courts docket will not likely ever reach the past heights of the 1970s and early 1980s, when the Court typically decided between 120 and 150 cases in a term, in part because of changes in its jurisdiction. But this development is promising for business litigants, who have fared well in the Roberts Court.

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