Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Int'l Paper Co. v. The Inhabitants OF THE Town OF JAY
  887 F.2d 338· 1st Cir.· 1989-10-10 ·cited 6×
  The court held that a municipal ordinance is not a 'statute of the State' for purposes of 28 U.S.C. § 2403(b), and that permissive intervention under Rule 24(b) requires an independent jurisdictional basis, which the state lacked when seeking to intervene solely on state law issu
• Black & Decker v. Hoover Serv. Ctr.
  886 F.2d 1285· Fed. Cir.· 1989-09-28 ·cited 6×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the district court abused its discretion in denying the preliminary injunction for trademark infringement due to incomplete findings, and that its finding of no infringement under the doctrine of equivalents for patent infringement was clearly erroneous.
• Pearl v. Keystone Consol. Indus., Inc.
  884 F.2d 1047· 7th Cir.· 1989-09-25 ·cited 6×
  The court held that the district court's finding that race was not a substantial motivating factor in the discharge was not clearly erroneous, and the denial of the motion in limine was not an abuse of discretion.
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  885 F.2d 962· 1st Cir.· 1989-09-14 ·cited 6×
  The court affirmed the Federal Energy Regulatory Commission's orders setting electricity rates, finding that FERC acted within its legal power and discretion in determining the rate of return and cost recovery.
• Hartman v. Lyng
  884 F.2d 1103· 8th Cir.· 1989-09-11 ·cited 6×
  The court affirmed the district court's judgment holding FmHA officials in civil contempt for violating a preliminary injunction, but affirmed the denial of damages and attorney's fees.
• In re Packer Ave. Assocs. (A Pa. Ltd. Partnership). Appeal of Armand Ceritano
  884 F.2d 745· 3d Cir.· 1989-09-08 ·cited 6×
  The court held that the district court's injunction prohibiting the appellant from filing any further documents was overbroad and modified it to require leave of court for actions related to specific resolved issues, with certification of new claims.
• Bullion v. Fed. Deposit Ins. Corp.
  881 F.2d 1368· 5th Cir.· 1989-09-05 ·cited 6×
  The court held that the FDIC Board correctly found violations of Regulation O's overline and risk of repayment provisions, but reversed and remanded the penalty assessment for Dr. Dazzio.
• United States v. Bonnet
  882 F.2d 1360· 8th Cir.· 1989-08-23 ·cited 6×
  The court held that the district court did not err in denying the defendant's motions for a psychiatrist, in its procedure for determining the children's competency to testify, or in admitting certain hearsay statements under the residual exception.
• United States v. Garcia
  880 F.2d 1277· 11th Cir.· 1989-08-21 ·cited 6×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that testimony about a prior incident where the appellant signed another person's name as a joke was admissible evidence.
• Frederic D. Sylvester v. U.S. Army Corps OF Eng'rs
  882 F.2d 407· 9th Cir.· 1989-08-11 ·cited 6×
  The court held that the Corps' evaluation of practicable alternatives and public interest under the CWA and NEPA was not arbitrary or capricious, and thus denied the motion for a preliminary injunction.
• Bartek v. Urban Redev. Auth. of Pittsburgh
  882 F.2d 739· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that there was sufficient evidence to support a jury finding of age discrimination, but insufficient evidence to support a finding of willful discrimination, thus affirming compensatory damages and vacating liquidated damages.
• United States v. Lefler
  880 F.2d 233· 9th Cir.· 1989-07-21 ·cited 6×
  The court held that the defendant's motion for reconsideration was timely filed, granting appellate jurisdiction, but that there was no statutory basis for reimbursement of post-sentencing travel costs.
• United States v. Parker
  877 F.2d 327· 5th Cir.· 1989-06-29 ·cited 6×
  The court held that the defendant's conviction for two counts of conspiracy was supported by sufficient evidence and that the trial court did not commit reversible error in its rulings on venue, evidence exclusion, grand jury testimony, prosecutorial arguments, or sentencing.
• Molloy v. Wilson
  878 F.2d 313· 9th Cir.· 1989-06-28 ·cited 6×
  The court held that the one-year limitation period of Rule 60(b)(1) does not bar a motion to vacate when the party did not receive notice of the dismissal order, allowing for consideration under Rule 60(b)(6).
• Davis Enters. v. United States Env't Prot. Agency & Bruce Diamond
  877 F.2d 1181· 3d Cir.· 1989-06-27 ·cited 6×
  The EPA's refusal to allow its employee to testify was arbitrary and capricious, violating the fundamental principle that the public has a right to every man's evidence.
• United States v. Martinez
  877 F.2d 1480· 10th Cir.· 1989-06-20 ·cited 6×
• Oteiza v. Braxton
  547 So. 2d 948· Fla. 3d DCA· 1989-06-20 ·cited 6×·via Abuse Of Administrative Discretion
  A physician sued his attorney for legal malpractice after the attorney failed to timely file a petition for review in a medical board disciplinary case, causing the appeal to be dismissed. The court reversed summary judgment for the defendant attorney, holding that the physician
• David L. Kennedy (88-1254) v. Commissioner OF Internal Revenue
  876 F.2d 1251· 6th Cir.· 1989-06-05 ·cited 6×
  The Tax Court correctly determined that the 'Gold For Tax Dollars' promotion was a sham, disallowing the claimed mining expense deductions and assessing increased interest for tax-motivated transactions.
• Wheeler v. The Southland Corp.
  875 F.2d 1246· 6th Cir.· 1989-06-05 ·cited 6×
  The court affirmed the judgment, holding that the magistrate did not err in finding a constructive discharge, awarding back pay after the sale of stores, or denying the motion to recuse.
• United States v. Bratton
  875 F.2d 439· 5th Cir.· 1989-05-31 ·cited 6×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting wire fraud and possession of stolen property, and that the admission of impeachment evidence was not an abuse of discretion.
• John F. Robinson For the Francis E. Heydt Co. v. Cheney
  876 F.2d 152· D.C. Cir.· 1989-05-23 ·cited 6×
  The court held that the DLA's debarment of FHC was not arbitrary, capricious, or an abuse of discretion, and the regulation was not unconstitutionally vague.
• The Continuum Co., Inc. v. Incepts, Inc.
  873 F.2d 801· 5th Cir.· 1989-05-15 ·cited 6×
  The court continued the stay of the district court's order increasing the bond and dissolving the injunction, pending appeal.
• Poynter v. Ratcliff
  874 F.2d 219· 4th Cir.· 1989-05-12 ·cited 6×
• Torres-Troche v. Municipality OF Yauco
  873 F.2d 499· 1st Cir.· 1989-05-09 ·cited 6×
  The court affirmed the trial court's denial of a new trial and its correction of the judgment to reflect a pre-trial settlement, holding that the jury's verdict was supported by evidence and that the settlement should offset the judgment.
• Gene and Debra Webb v. Commissioner OF Internal Revenue
  872 F.2d 380· 11th Cir.· 1989-05-05 ·cited 6×
  The court affirmed the Tax Court's decision disallowing charitable contribution deductions and imposing damages, and also imposed sanctions for frivolous appeals.
• Weil v. Seltzer
  873 F.2d 1453· D.C. Cir.· 1989-04-28 ·cited 6×
  The court held that the district court erred in admitting testimony of former patients as habit evidence under Federal Rule of Evidence 406, and that there was insufficient evidence to support a contributory negligence instruction.
• Everson D. Smith v. Alumax Extrusions, Inc.
  868 F.2d 1469· 5th Cir.· 1989-04-05 ·cited 6×
  The court affirmed the denial of the motion to vacate based on Rule 60(b) but remanded for the district court to consider the Rule 59(e) claims.
• McLAUGHLIN v. Serv. Emps. Union, AFL-CIO
  880 F.2d 170· 9th Cir.· 1989-03-30 ·cited 6×
  A district court cannot restrict an administrative agency's discretion in conducting a congressionally authorized investigation without evidence that the protective order is necessary to protect First Amendment rights.
• Ela F. DE Cisneros v. Younger
  871 F.2d 305· 2d Cir.· 1989-03-30 ·cited 6×
  The court held that the district court did not abuse its discretion in staying the federal action under the doctrine of abstention, as parallel state proceedings presented a significant risk of piecemeal litigation and involved exclusively state law issues.
• Lake Hefner Open Space Alliance v. Dole
  871 F.2d 943· 10th Cir.· 1989-03-28 ·cited 6×
  The court held that the district court did not err in granting summary judgment for the defendants, as the agency substantially complied with relevant statutes and regulations, and the plaintiff failed to demonstrate a genuine issue of material fact.
• United States v. Victor Alexander, M.D.
  869 F.2d 808· 5th Cir.· 1989-03-28 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a continuance and that any error in excluding defense evidence was harmless.
• United States v. Local 30
  871 F.2d 401· 3d Cir.· 1989-03-23 ·cited 6×
  The court held that the district court had the authority under 18 U.S.C. § 1964(a) to impose a broad decree against the Union to remedy RICO violations and that the terms of the decree were not an abuse of discretion.
• Hernandez-Luis v. Immigr. & Naturalization Serv.
  869 F.2d 496· 9th Cir.· 1989-03-06 ·cited 6×
  The court affirmed the Board of Immigration Appeals' denial of suspension of deportation and voluntary departure, finding the petitioner did not meet the continuous presence requirement and the BIA did not abuse its discretion in denying voluntary departure.
• United States v. Shapiro
  879 F.2d 468· 9th Cir.· 1989-03-03 ·cited 6×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the government breached its pretrial agreement not to use the defendant's prior conviction for impeachment, and this breach was not harmless error, requiring reversal of the conviction.
• United States v. Vasquez
  867 F.2d 872· 5th Cir.· 1989-03-02 ·cited 6×
  The court held that a conviction for attempting to threaten a foreign official merges with a conviction for the completed threat when both arise from the same criminal undertaking, and thus, the defendant cannot be punished for both.
• Fed. Sav. & Loan Ins. Corp. v. Ranbir S. Sahni
  868 F.2d 1096· 9th Cir.· 1989-03-01 ·cited 6×
  The court held that a district court erred in requiring a likelihood of asset dissipation for an asset freeze, when only a possibility is necessary if success on the merits is shown.
• United States v. Fryar
  867 F.2d 850· 5th Cir.· 1989-03-01 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing a juror for lying, denying motions for mistrial and new trial, or in excluding evidence and refusing to disclose an informant's identity.
• Maryanne Sieck v. Russo
  869 F.2d 131· 2d Cir.· 1989-02-23 ·cited 6×
  The court held that the district court did not abuse its discretion in entering default judgments against defendants for repeated failure to comply with discovery orders, nor in denying their motion to set aside those judgments.
• Blue Bell Bio-Medical v. Cin-Bad, Inc.
  864 F.2d 1253· 5th Cir.· 1989-02-10 ·cited 6×
  The court held that a former distributor's intent to copy a product is insufficient to establish trade dress infringement without a likelihood of consumer confusion, and that the district court did not err in finding no likelihood of confusion.
• United States v. Metro. Dist. Comm'n
  865 F.2d 2· 1st Cir.· 1989-01-06 ·cited 6×
  The court held that appeals filed outside the prescribed time limits are dismissed for lack of jurisdiction, and that the district court did not abuse its discretion in denying motions to intervene as untimely.
• Schultz v. Connery
  863 F.2d 551· 7th Cir.· 1988-12-21 ·cited 6×
  The court held that the employer's motion to intervene was untimely because it was filed over three years after the employer knew or should have known of its interest, and the employer failed to demonstrate prejudice to itself if intervention was denied.
• United States v. Melody
  863 F.2d 499· 7th Cir.· 1988-11-22 ·cited 6×
  The court held that a stay of execution of a sentence, intended to allow the defendant's husband to complete his sentence first, did not render the defendant's sentence illegal or violate her constitutional rights. The court also held that the district court did not abuse its dis
• H & W Indus., Inc. v. Formosa Plastics Corp.
  860 F.2d 172· 5th Cir.· 1988-11-17 ·cited 6×
  The court held that a district court cannot dismiss claims on the merits following a preliminary injunction hearing without prior notice to the parties, and that Mississippi's UCC statute of frauds, not its general statute of frauds, governs contracts for the sale of goods.
• City OF Melbourne & Old Dominion Ins. Co. v. Dannie M. Haddock & Rockwood Ins. Co.
  533 So. 2d 301· Fla. 1st DCA· 1988-11-02 ·cited 6×
  A fire fighter sought workers' compensation benefits for back and hip injuries sustained in two separate on-the-job accidents in 1983 and 1985, covered by different insurers. The court affirmed the apportionment of liability between the two carriers but reversed the reimbursement
• Greco v. Stubenberg
  859 F.2d 1401· 9th Cir.· 1988-10-25 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the appeal for failure to prosecute, as the appellant's counsel failed to timely secure necessary transcripts and the appellant contributed to the delay.
• Polizzi v. M/V Zephyros II Monrovia
  860 F.2d 147· 5th Cir.· 1988-10-19 ·cited 6×
  The court held that the jury had sufficient evidence to find for the vessel owner, and the trial court did not err in denying motions for a directed verdict, judgment n.o.v., or a new trial.
• Jackson B. Bragg and Susanne Bragg v. Commissioner OF Internal Revenue
  856 F.2d 163· 11th Cir.· 1988-09-30 ·cited 6×
  The court held that the Tax Court's findings of unreported kickbacks and tax fraud were supported by sufficient evidence and that the Tax Court did not abuse its discretion in denying a motion to vacate.
• Patton v. The Cnty. OF Kings
  857 F.2d 1379· 9th Cir.· 1988-09-30 ·cited 6×
  The court held that while the plaintiff's action was frivolous, the district court erred by not providing sufficient findings for the attorney's fee award calculation and by failing to consider the plaintiff's ability to pay.
• United States v. Weisman
  858 F.2d 389· 8th Cir.· 1988-09-23 ·cited 6×
  The court held that the civil forfeiture proceedings did not infringe the defendant's Sixth Amendment right to counsel of his choice because the property was too encumbered to provide funds. The court also held that the denial of a continuance and the refusal to subpoena certain
• United States v. Sol C. Schwartz
  857 F.2d 655· 9th Cir.· 1988-09-19 ·cited 6×
  The court held that under the precedent of United States v. Gatto, the government has an absolute right to call a newly acquired witness, even if it necessitates a continuance of the trial.