The U.S. Supreme Court this morning heard oral argument in Paroline v. United States. At issue was whether the government must show that the defendant's conduct "proximately caused" damages to the victims in the pictures. Most lower appellate courts have said yes, but the Fifth Circuit said no, so the Court has been asked to resolve this circuit split. You can read the transcript here: http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-8561_bqm2.pdf

I predict the Court will do the right thing and follow the overwhelming majority of federal appellate courts and find the government has to prove proximate causation before getting a restitution award on behalf of victims. This is how it should be (and how it is in regular civil cases across the country, state and federal).

In other news, as many of you know, I represent some defendants named in the Doe v. Alter matter out of the U.S. District Court in Maryland. Over 250 defendants who had been convicted of CP possession/distribution were named in the case and the plaintiffs are seeking a minimum of $300,000 in damages from EACH defendant. Last week the District Court dismissed the case against ALL defendants (save one) but without prejudice. The plaintiffs, as a result, may refile but must do so by March 31, 2014. As to my clients, I doubt there will be a refiling, but expect there will be refilings against many other defendants. So be on the lookout in case someone you know gets served (again) with a civil complaint. They should contact a lawyer immediately to get the case dismissed WITH PREJUDICE this second time around. I can say that the Court really does not like this case, which is good for the defendants.