Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re COX v. Lansdowne
  904 F.2d 1399· 9th Cir.· 1990-06-08 ·cited 10×
  The court held that the bankruptcy court did not commit a gross abuse of discretion by failing to consider the debtor's delegation of record-keeping duties to her husband as a relevant factor.
• Hoffman Grp., Inc. v. Env't Prot. Agency
  902 F.2d 567· 7th Cir.· 1990-05-14 ·cited 10×
  The court held that a Clean Water Act compliance order is not subject to judicial review until the EPA seeks enforcement in federal court.
• United States v. Williams
  902 F.2d 675· 8th Cir.· 1990-05-03 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting undisclosed photographs, did not err in refusing a special verdict form, and did not clearly err in finding the defendant acted as a leader/organizer for sentencing purposes.
• V-1 OIL Co. v. State OF Wyo.
  902 F.2d 1482· 10th Cir.· 1990-04-30 ·cited 10×
  The dissenting judge holds that reliance on attorney's advice alone, without more, is insufficient to establish the extraordinary circumstances required for qualified immunity when a clearly established constitutional right has been violated.
• United States v. Fawbush
  900 F.2d 150· 8th Cir.· 1990-04-05 ·cited 10×
• United States v. Vogt
  901 F.2d 100· 8th Cir.· 1990-04-03 ·cited 10×
  The court held that the government waived its right to vacate the plea agreement by continuing to solicit and accept its benefits after learning of the defendant's breach.
• Edwards v. Edwards
  559 So. 2d 281· Fla. 4th DCA· 1990-03-28 ·cited 10×
  In this second appeal of a marital dissolution, the Fourth District affirmed the trial court's award of $780 per month permanent alimony but reversed and remanded regarding the trial court's failure to require the husband to maintain life insurance policies for the wife's benefit
• Kloepfer v. Honda Motor Co., Ltd.
  898 F.2d 1452· 10th Cir.· 1990-03-12 ·cited 10×
  The court held that the trial court did not err in refusing to provide additional jury instructions, in its rulings on evidence, or in its limitations on expert testimony. The court also found that the plaintiffs waived certain objections.
• Badalamenti v. Dunham's, Inc.
  896 F.2d 1359· Fed. Cir.· 1990-02-23 ·cited 10×
  The court held that a party responding to a document request, even with objections, does not commit a discovery violation under Rule 37(d) by failing to seek a protective order, and that the denial of attorney fees must be remanded for findings.
• Durrett v. Hous. Auth. OF the City OF Providence
  896 F.2d 600· 5th Cir.· 1990-02-14 ·cited 10×
  The court held that denial of a consent decree providing injunctive relief is appealable under 28 U.S.C. § 1292(a)(1) if it has serious consequences, and that the district court abused its discretion by refusing to approve a comprehensive settlement agreement in a public housing
• United States v. Clark
  893 F.2d 1277· 11th Cir.· 1990-02-07 ·cited 10×
  The court held that the district court did not abuse its discretion in ordering further psychiatric evaluations and committing the defendant after an insanity acquittal, as the defendant failed to meet his burden of proving he was not dangerous.
• United States v. Larouche
  896 F.2d 815· 4th Cir.· 1990-01-22 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion for a continuance and that the defendants failed to demonstrate specific prejudice resulting from the denial. The court also found sufficient evidence to support the convictions.
• Anderson v. Pittsburgh-Des Moines Corp. & Ret. Plan for Salaried Emps. of Pittsburgh-Des Moines Corp.
  893 F.2d 638· 3d Cir.· 1990-01-12 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the term 'the Company' in the pension plan was ambiguous and extrinsic evidence should have been considered, requiring a new trial.
• Gerry C. DuBOSE v. State OF Minn.
  893 F.2d 169· 8th Cir.· 1990-01-04 ·cited 10×
  The court held that a dismissal for failure to prosecute under Rule 41(b) bars appellate review of earlier interlocutory rulings, regardless of the plaintiff's motives.
• Williams v. Hatcher
  890 F.2d 993· 7th Cir.· 1989-12-13 ·cited 10×
  The court held that a party seeking to revive a lost right to appeal under Rule 60(b)(6) must demonstrate diligence, which the defendant failed to do.
• Conklin v. Valerie A.H. Conklin
  551 So. 2d 1279· Fla. 4th DCA· 1989-11-15 ·cited 10×
  A father appealed the trial court's denial of his petition to modify child support obligations based on a claimed reduction in income. The appellate court affirmed, holding that the father failed to demonstrate a significant, involuntary, and permanent change in circumstances war
• United States v. Darius White
  888 F.2d 1252· 8th Cir.· 1989-11-07 ·cited 10×
  The court held that the plea agreement did not bind the district court to sentence the defendant under Category I, nor did it guarantee a reduction for acceptance of responsibility.
• Atari Games Corp. v. Oman
  888 F.2d 878· D.C. Cir.· 1989-10-31 ·cited 10×
  The court remands the case to the Register of Copyrights for an adequate explanation of its denial of Atari's registration application.
• Hines v. Brandon Steel Decks, Inc.
  886 F.2d 299· 11th Cir.· 1989-10-18 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court erred in per se excluding opinions and conclusions from an OSHA report based on then-current Eleventh Circuit precedent, which was subsequently reversed by the Supreme Court.
• Paul v. Reynaldo D. Graulty in Reorganization for WPMK Corp.
  886 F.2d 268· 9th Cir.· 1989-09-27 ·cited 10×
  The court held that the district court misconstrued the common fund doctrine by awarding an unreasonably low fee for creating the fund.
• United States v. Miller
  883 F.2d 1540· 11th Cir.· 1989-09-25 ·cited 10×
  The dissenting judge would hold that the district court did not abuse its discretion in admitting extrinsic evidence of a prior drug sale to show identity, modus operandi, or intent, and alternatively, that any error was harmless.
• In re Spillane
  884 F.2d 642· 1st Cir.· 1989-09-11 ·cited 10×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, finding the award final and the district court had jurisdiction to issue it.
• Borio v. Coastal Marine Constr. Co.
  881 F.2d 1053· 11th Cir.· 1989-08-29 ·cited 10×
  The court held that the district court abused its discretion by granting a late appeal under Rule 4(a)(5) because a secretary misplacing the notice of appeal does not constitute excusable neglect.
• Rachelle Williams v. Giant Eagle Mkts., Inc.
  883 F.2d 1184· 3d Cir.· 1989-08-28 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court erred in awarding attorneys' fees against the plaintiff under 28 U.S.C. § 1927, as the statute applies only to attorneys, not litigants, and that the finding of bad faith against the plaintiff's counsel was clearly erroneous. The court affir
• Spain v. Rushen
  883 F.2d 712· 9th Cir.· 1989-08-22 ·cited 10×
  The court held that the trial judge's decision to shackle the defendant was not an abuse of discretion that denied due process, considering the specific security risks and the defendant's history.
• Leboeuf v. K-Mart Corp.
  888 F.2d 330· 5th Cir.· 1989-07-28 ·cited 10×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the jury verdict, evidentiary rulings, and special verdict questions were not erroneous, affirming the district court's judgment.
• The Hoopa Valley Tribe v. Nevins
  881 F.2d 657· 9th Cir.· 1989-07-28 ·cited 10×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that federal law preempts California's timber yield tax on timber harvested from tribal lands, and that the tribe's claim for attorney's fees under 42 U.S.C. § 1988 was not cognizable under 42 U.S.C. § 1983.
• Allied Mktg. Grp., Inc. v. CDL Mktg., Inc.
  878 F.2d 806· 5th Cir.· 1989-07-13 ·cited 10×
  The court held that the district court's preliminary injunction order was not sufficiently explained to allow for appellate review, requiring a remand for further findings of fact and conclusions of law, but the injunction would remain in place pending the supplementary opinion.
• Johnson v. The Trs. OF the W. Conf. OF Teamsters Pension Tr. Fund
  879 F.2d 651· 9th Cir.· 1989-07-11 ·cited 10×
  The court held that the employer's pension contributions, even when deducted from employee pay, did not violate the trust agreement, and that the claims review procedure was adequate.
• Rowan Cos., Inc. v. Huey P. Griffin
  876 F.2d 26· 5th Cir.· 1989-06-22 ·cited 10×
  The court held that the employer's suit for a declaratory judgment regarding its obligation to provide maintenance and cure to an injured employee presented an actual controversy and that the district court erred by dismissing the suit without stating reasons.
• United States v. Hare
  873 F.2d 796· 5th Cir.· 1989-05-15 ·cited 10×
  The court held that while the district court did not err in its construction of the Bail Reform Act, it failed to consider all relevant factors in assessing the defendant's due process claim regarding prolonged pretrial detention. Therefore, a remand for an evidentiary hearing on
• United States v. Hays
  872 F.2d 582· 5th Cir.· 1989-04-25 ·cited 10×
  The court held that the district court erred in admitting a substantial amount of irrelevant, cumulative, and prejudicial evidence, which impermissibly affected the substantial rights of the defendants.
• United States v. DOE
  871 F.2d 1248· 5th Cir.· 1989-04-21 ·cited 10×
  The court held that the district court did not abuse its discretion in transferring the juvenile to adult prosecution, finding sufficient evidence supported its factual findings and weighing of statutory factors. The court also found no due process violation or procedural invalid
• Mills v. DES ARC Convalescent Home
  872 F.2d 823· 8th Cir.· 1989-04-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying leave to amend or in admitting evidence for the Title VII claim, but remanded the Section 1981 claim to determine if new defendants were in privity with original defendants for res judicata purposes.
• Ins. Benefit Administrators, Inc. v. Martin
  871 F.2d 1354· 7th Cir.· 1989-04-18 ·cited 10×
  The court affirmed the $3,000 sanction for frivolous pleading but reversed and remanded the larger $31,000 sanction due to the district court's failure to specify the legal authority for each imposed penalty.
• Leslie Bates (Boggs) v. Wishart
  545 So. 2d 906· Fla. 2d DCA· 1989-04-07 ·cited 10×
  On remand from the Florida Supreme Court, the District Court of Appeal reversed a trial court's order granting visitation rights to the paternal grandparents and step-grandfather of a minor child without an evidentiary hearing. The court held that modifying previously established
• Perez v. Perez
  539 So. 2d 1178· Fla. 1st DCA· 1989-03-16 ·cited 10×
• Solarex Corp. & RCA Corp. v. Arco Solar, Inc.
  870 F.2d 642· Fed. Cir.· 1989-03-15 ·cited 10×
  The court affirmed the district court's denial of Arco's motion to compel discovery of a referee's identity, finding the need for confidentiality outweighed Arco's speculative claims.
• Kolek v. Engen
  869 F.2d 1281· 9th Cir.· 1989-03-09 ·cited 10×
  The court held that it has jurisdiction to hear the appeal, even though it was initially filed in the district court, and that the NTSB's order affirming the revocation of the pilot's certificate was not an abuse of discretion.
• Dole v. Local 1942, Int'l Bhd. OF Elec. Workers, AFL-CIO
  870 F.2d 368· 7th Cir.· 1989-02-28 ·cited 10×
  The court held that the informer's privilege protects the identities of individuals who provided witness statements to the Secretary of Labor during an investigation, and the Union failed to demonstrate a substantial need for this information to overcome the privilege.
• Allstate Ins. Co. v. Montgomery Ward
  538 So. 2d 974· Fla. 5th DCA· 1989-02-23 ·cited 10×
  The court held that the trial court did not abuse its discretion in dismissing the plaintiffs' action for failure to file an amended complaint within the time limit set by the court.
• United States v. Ball
  868 F.2d 984· 8th Cir.· 1989-02-23 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting the appellant's post-arrest statements as they were relevant to proving intent and completing the narrative of the offense.
• Swapshire v. Baer
  865 F.2d 948· 8th Cir.· 1989-01-18 ·cited 10×
  The court held that a state court judgment affirming an administrative discharge decision has preclusive effect in a federal civil rights action, and that jury instructions on intentional discrimination were proper.
• Equal Emp. Opportunity Comm'n v. Milavetz & Assocs., P.A.
  863 F.2d 613· 8th Cir.· 1988-12-23 ·cited 10×
  The court held that the district court did not err in awarding attorney fees against the law firm under Rule 11 and 28 U.S.C. § 1927, finding no abuse of discretion or legal error.
• Toth v. Trans World Airlines, Inc.
  862 F.2d 1381· 9th Cir.· 1988-12-08 ·cited 10×
  The court held that dismissal and sanctions were appropriate due to repeated noncompliance with discovery orders, but remanded for recalculation of monetary sanctions to exclude fees not directly caused by disobedience.
• Taylor v. Medtronics, Inc.
  861 F.2d 980· 6th Cir.· 1988-11-22 ·cited 10×
  The court held that the district court did not abuse its discretion by imposing sanctions for discovery violations and properly granted summary judgment due to the lack of expert testimony supporting the plaintiffs' claims.
• Noli v. Commissioner OF Internal Revenue
  860 F.2d 1521· 9th Cir.· 1988-11-14 ·cited 10×
  The court held that the Tax Court did not err in dismissing the petition for failure to prosecute, nor in proceeding with the trial after the bankruptcy court lifted the automatic stay, and that the judge did not exhibit disqualifying bias.
• Overseas Educ. Ass'n, Inc. v. Fed. Labor Relations Auth.
  858 F.2d 769· D.C. Cir.· 1988-10-07 ·cited 10×
  The court held that the Federal Labor Relations Authority (FLRA) did not err in determining that three collective bargaining proposals concerning post-retirement benefits were not within the agency-employer’s duty to bargain.
• England v. ITT Thompson Indus., Inc.
  856 F.2d 1518· 11th Cir.· 1988-10-07 ·cited 10×
  Venue is proper in any division where a corporate defendant is incorporated, licensed to do business, or doing business, and the district court did not abuse its discretion in denying a motion for change of venue.
• Hancock v. City OF Okla. City
  857 F.2d 1394· 10th Cir.· 1988-09-23 ·cited 10×
  The court held that the district court abused its discretion by denying the motion for reconsideration, as the attorney's oversight did not constitute inexcusable neglect.