An ERISA plan could maintain an action in federal court seeking the return of overpaid disability benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a summary judgment.
Published: January 11, 2013
A vehicular manslaughter defendant could not be required to pay the victim’s family for five years of lost wages, the Idaho Supreme Court has ruled in reversing a $550,000 restitution order.
WASHINGTON – A federal statute makes it mandatory for victims of child pornography to get restitution for the losses they suffer. But federal court rulings deciding how those losses should be categorized and what proof is required to establish liability are so divergent that the term “circuit split” doesn’t quite cut it. It’s more like a “circuit shatter.”
The government was not required to prove that all of a child pornography victim’s alleged losses were proximately caused by a defendant in order to award restitution, the en banc 5th Circuit has ruled.
The Mandatory Victims Restitution Act gives the United States the authority to use the Fair Debt Collection Practices Act’s collection procedures to enforce all restitution orders, including those in favor of private-party victims, the 1st Circuit has ruled.
A bankruptcy trustee could recover as a preferential transfer a criminal restitution payment made by the debtors shortly before they filed for Chapter 7 relief, the 9th Circuit has ruled in affirming judgment.
An innocent former spouse’s community property may be used to satisfy an award of restitution to a crime victim, the 9th Circuit has ruled in affirming judgment.
A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled.