Oral arguments can be deceiving. In October our reporter Tony Mauro wrote that the U.S Supreme Court appeared to be siding with Altria Group in a lawsuit brought by Maine smokers testing whether they could bring false advertising claims regarding "light" cigarettes in state court. Mauro, who knows as much about the high court as almost any observer, wrote that Altria's lawyer, Theodore Olson of Gibson, Dunn & Crutcher, appeared to convince the justices that the Federal Cigarette Labeling and Advertising Act preempted this suit because it involved smoking and health claims. In contrast, he wrote, the plaintiffs' lawyer, David Frederick of Kellogg, Huber, Hansen, Todd, Evans & Figel, "struggled to persuade the court that this suit was about consumer fraud and deception, and thus was not preempted."