ERISA plan could sue to recover overpaid benefits 
Published: March 18, 2013
Tags: disability benefits, ERISA, restitution
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.
Drunk driver doesn’t owe victim’s family lost wages
Published: January 11, 2013
Tags: restitution
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.
Child victim restitution standard shatters circuits
By:
Kimberly Atkins
Published: December 17, 2012
Tags: Circuit Breaker, circuit split, Mandatory Restitution for Sexual Exploitation of Children Act, proximate cause, restitution
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.”
Child pornography victim entitled to restitution
Published: November 26, 2012
Tags: child pornography, proximate cause, restitution
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.
Gov’t can use Fair Debt Act to enforce restitution order
Published: June 13, 2011
Tags: Fair Debt Collection Practices Act, Mandatory Victims Restitution Act, restitution
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.
Bankruptcy trustee can recover restitution payments
By:
Pat Murphy
Published: August 17, 2010
Tags: Chapter 7, preferential transfer, restitution
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.
Community property is subject to restitution order
By:
Pat Murphy
Published: August 3, 2009
Tags: community property, innocent spouse, restitution
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.
Restitution reduced by victim’s comparative negligence
By:
Pat Murphy
Published: June 26, 2009
Tags: comparative negligence, restitution
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.
