Judiciary.org - Part 99

Distinguish the Insurance Agent and the Insurance Broker under PRC Law

In dealing with PRC related insurance disputes, one question is often raised by Chinese court or arbitration institute: what is the insurance agent or the insurance broker? The relationship between the insurance agent, broker, insurer, policyholder, insured and beneficiary always confused the judge and arbitrator. This article will elaborate the concept, function, difference of these two parties in the framework of PRC insurance law.

Definition and Characteristics of the Insurance Agent and the Insurance Broker under the PRC Law

i.… Read the rest

Supreme Court

Court narrows scope of federal wire fraud statutes

For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. United States is no exception. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. The court referenced both federalism and overcriminalization concerns in narrowing the scope of the wire fraud statutes, pushing federal prosecutors to be more precise in articulating fraud cases against suspicious state … Read the rest

Circuit Courts

Circuit Courts vs. District Courts

In addition to the United States Supreme Court, the federal judiciary is comprised of District Courts and Circuit Courts (or Federal courts of appeals).

District Courts Federal courts are courts of limited jurisdiction, meaning they usually only hear cases authorized by the United States Constitution or federal statutes. There are exemptions to this such as cases entirely based on state law being brought to federal court under “diversity jurisdiction.” Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in … Read the rest

Supreme Court

The morning read for Tuesday, May 9

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

More say politics, not the law, drive Supreme Court decisions: Poll (Gary Langer, ABC News)
Naperville, state of Illinois urge U.S. Supreme Court not to block ban on assault-style weapons (Andy Grimm, Chicago Sun-Times)
Senators asks billionaire for list of gifts to Supreme Court Justice Thomas (Reuters)
How the Supreme Court could undermine the

… Read the rest

Circuit Courts

Judiciary Launches New Federal Ticket Processing Website

Individuals can now pay tickets for minor federal violations more easily, using a redesigned website for the Judiciary’s Central Violations Bureau. The website, officially launching in early May, leverages new technologies and best design practices to improve usability and accessibility across devices, including smart phones.
Judiciary News – United States Courts… Read the rest

Civil Law

Common sense briefly prevails in UK’s “taking back control of our laws” debate

Things have surely come to a pretty pass when it is front page news twice in two weeks that the Government has decided not to press on with doing something daft. First, the abandonment of smart motorways and last week, reports that the Government has backed away from its original proposal to wipe all EU-sourced regulations from the statute book at the end of this year. More predictable is the number of MPs who are nonetheless recorded as being variously … Read the rest

Supreme Court

One police officer opens a car door, and another looks inside. Did they search without a warrant?

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 police officer who opens a car door and looks inside, without permission, probable cause, or a search warrant, violates the Fourth Amendment’s ban on “unreasonable searches.” This week, we highlight cert petitions that ask the court to consider, among other things, whether two officers likewise commit a search when … Read the rest

Civil Law

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification

I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer. Another danger, an offshoot of the joint employer problem, is that if the staffing agencies classify, or rather, misclassify, those workers as “independent contractors” when they send them to the clients, there may well be liability for the client company. The USDOL is now onto this … Read the rest

Definition and Characteristics of the Insurance Agent and the Insurance Broker under the PRC Law

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