North Dakota truck stop objects to federal allowance for debit-card processing fees

North Dakota truck stop objects to federal allowance for debit-card processing fees

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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.

The Administrative Procedure Act is a federal law that governs the procedures by which federal agencies propose and issue regulations. The APA gives anyone who is injured by an agency’s action the right to go to court to challenge the action, but plaintiffs must file their challenges “within six years … Read the rest

Judiciary Ends COVID Emergency; Study of Broadcast Policy Continues

The COVID-19 emergency is no longer affecting the functioning of the federal courts, the Judicial Conference’s Executive Committee has found, setting in motion a 120-day grace period in which federal courts may continue to provide the same remote public audio access to civil and bankruptcy proceedings as they did during the emergency.
Judiciary News – United States CourtsRead the rest

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

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Court narrows scope of federal wire fraud statutes

Court narrows scope of federal wire fraud statutes

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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 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 CourtsFederal 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

The morning read for Tuesday, May 9

The morning read for Tuesday, May 9

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

u-turn

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