Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

 This Friday’s conference represents a significant date in the Supreme Court’s schedule: Based on the schedule prescribed by the court’s rules, it is the last conference at which a cert petition can be granted and the case heard during the court’s April sitting. Because it appears that sitting is mostly empty at … Read the rest

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

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The Supreme Court on Monday revived efforts by a Texas inmate to throw out his conviction and death sentence in a case in which prosecutors agree that he should get a new trial. The ruling in favor of Areli Escobar came on a list of orders released from the justices’ private conference last week. The justices did not grant any new cases, but they called for the Biden administration’s views in three cases and denied review in over 300 … Read the rest

Frank Burke Inducted Into National Academy of Distinguished Neutrals

Happy 2023! I am pleased to announce that I have been inducted into the National Academy of Distinguished Neutrals (NADN) for both mediation and arbitration. I am thrilled to be invited to join such an elite group of mediators and arbitrators. 

The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members … Read the rest

Homeowners ask the justices to enforce a New York consumer-protection law against banks

Homeowners ask the justices to enforce a New York consumer-protection law against banks

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A response to the mortgage crisis of 2007, the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 ushered in a host of new federal rules and oversight for the financial sector. This week, we highlight cert petitions that ask the court to consider, among other things, whether that … Read the rest

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

Court will mull scope of attorney-client privilege when lawyers give both legal and nonlegal advice

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A lawyer’s legal advice is privileged. A court cannot order the lawyer or the client to disclose it. But a lawyer’s nonlegal advice is not privileged. What happens when advice is partly legal and partly nonlegal and the two parts cannot be untangled? In such dual-purpose situations, does the privilege protect all the advice or none of it?

On Monday, the Supreme Court will hear opposing answers to that question in a case known as In re Grand JuryRead the rest

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker.  As we write, the seventh unsuccessful vote has just concluded.  We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed.  This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory.  All kinds … Read the rest

The morning read for Tuesday, Jan. 3

The morning read for Tuesday, Jan. 3

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Tuesday morning read:

  • How Justice Kagan lost her battle as a consensus builder (Josh Gerstein, POLITICO)
  • At the Supreme Court, it’s taking
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Overview: TPA’s Boundary of Insurance Activities in China

I. Introduction

When referring to insurance, the first term that comes up with one’s mind is likely to be insurers, which are mostly known to operate insurance businesses. Nowadays, with the growth of the insurance industry, other entities also emerge such as insurance agents, brokers, and loss adjustors. These entities play different roles to prosper the industry in many ways, for example, to provide more value-added services to their clients and to ensure the smooth process of insurance. Among them, … Read the rest