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FTC (2021), the Supreme Court held that statutory authority for the Federal Trade Commission to sue for an “injunction” does not authorize suit for restitution. The court unanimously held that the statutory language refers to prospective equitable relief, and does not include retrospective monetary relief. In Pearson v.
The Mandatory Victim Restitution Act of 1996, [13] codified in part at 18 U.S.C. § 3363A, requires courts to order that a defendant pay a victim restitution in certain cases, such as those that involve crimes of violence or pecuniary loss to the victim. [14]
An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new ...
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[4] [6] Colorado's statute inverts the standard court procedures and due process, providing that after the court issues an ex parte order, the defendant must "appear before the court at a specific time and date and . . . show cause, if any, why said temporary civil protection order should not be made permanent". [7]
State of Texas, Civil Action No. 1:21-cv-00796-RP, in the U.S. District Court for the Western District of Texas. On October 6, 2021, Judge Pitman granted the DOJ's application for a preliminary injunction stopping the state judiciary from accepting, hearing, and adjudicating SB8 claims, and requiring notices to be posted on court websites ...
Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. [38] Sometimes, however, judges do not order restitution.
A Texas judge has ruled in favor of a Republican candidate challenging the results in a 2022 judicial race and ordered that a new election be held in the nation’s third-most populous county, a ...