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Author Archives: Kimberly Atkins

Child victim restitution standard shatters circuits

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 ...

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‘Mixed-case’ appeals must be heard by district court

equality-form

A federal employee seeking judicial review of a Merit Systems Protection Board decision dismissing an employment related “mixed-case” appeal must go to district court, not the Federal Circuit, the U.S. Supreme Court has unanimously ruled.

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EMPLOYMENT LAW

A federal employee seeking judicial review of a Merit Systems Protection Board “mixed-case” decision must go to district court, not the Federal Circuit, regardless of whether the MSPB decided her case on procedural grounds or on the merits. See “‘Mixed-case’ ...

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SAME-SEX MARRIAGE

Does the Equal Protection Clause of the Fourteenth Amendment prohibit the State of California from defining marriage as the union of a man and a woman? See “Justices take up California same-sex marriage ban.” Hollingsworth v. Perry, No. 12-144.Certiorari granted:  ...

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SAME-SEX MARRIAGE

Does Section 3 of the Defense of Marriage Act violate the Fifth Amendment’s guarantee of equal protection of the laws as applied to same-sex couples legally married under state law? See “Justices agree to hear Defense of Marriage Act case.” ...

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ANTITRUST

Are reverse-payment agreements between brand name and generic drug companies per se unlawful or presumptively anticompetitive? FTC v. Watson Pharmaceuticals, No. 12-416.Certiorari granted:  Dec. 7, 2012. Ruling below: 677 F.3d 1298 (11th Cir. 2012).

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TAKINGS CLAUSE

Government-induced flooding that is temporary in duration is not automatically exempted from Takings Clause inspection. U.S. Supreme Court. Arkansas Game and Fish Comm’n v. U.S., No. 11-597. Dec. 4, 2012. Lawyers USA No. 993-3653.

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