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

• Superbird Farms v. Perdue Farms
  970 F.2d 238· 7th Cir.· 1992-07-16 ·cited 4×
  The court held that the district court did not err in finding the contract ambiguous, allowing extrinsic evidence, and instructing the jury on breach of contract, nor did it err in its handling of the damage award.
• Onwubiko v. United States
  969 F.2d 1392· 2d Cir.· 1992-07-15 ·cited 4×·via Abuse Of Agency Discretion
  The court held that the district court erred in treating pro se filings as a Rule 41(e) motion after conviction and that the defendant stated claims for return of property and challenge to forfeiture.
• Bobula v. United States Dep't OF Just.
  970 F.2d 854· Fed. Cir.· 1992-07-14 ·cited 4×
  Ms. Bobula's remedy, if any, lies within the Civil Service Reform Act or internal grievance procedures, not direct judicial enforcement of her settlement agreement.
• Cormier v. Pennzoil Exploration & Prod. Co.
  969 F.2d 1559· 5th Cir.· 1992-07-08 ·cited 4×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court did not err in granting summary judgment because the plaintiff failed to present admissible evidence creating a genuine issue of material fact regarding the manufacturer of the defective part, nor did it abuse its discretion in denying a con
• United States v. Melton
  970 F.2d 1328· 4th Cir.· 1992-07-01 ·cited 4×
  The court held that the district court did not err in departing upward from the Sentencing Guidelines based on the defendant's murder of a drug informant, nor in applying enhancements for role in the offense and obstruction of justice.
• Bank ONE Tex., N.A. v. A.J. Warehouse, Inc.
  968 F.2d 94· 1st Cir.· 1992-06-30 ·cited 4×
  The court held that the plain language of the credit agreement clearly granted Bank One the right to sue for past-due amounts, and that the Companies' interpretation of section 14.2 was unsupported, thus summary judgment was appropriate. The court also held that discovery was pro
• United States v. Egbuniwe
  969 F.2d 757· 9th Cir.· 1992-06-30 ·cited 4×
  The court held that the district court did not abuse its discretion in excusing a juror for just cause and proceeding with an eleven-person jury, nor did it err in calculating the defendant's sentence based on the total amount of heroin involved in the conspiracy.
• N.A.S. Import v. Chenson Enters., Inc.
  968 F.2d 250· 2d Cir.· 1992-06-29 ·cited 4×
  The court held that the district court's finding of non-willful infringement was clearly erroneous, and that the award of statutory damages and attorney's fees should be vacated and remanded for reconsideration.
• In re Martin v. Martin
  963 F.2d 809· 5th Cir.· 1992-06-24 ·cited 4×
  The court held that the bankruptcy court's findings of fact were not clearly erroneous and that the bankruptcy judge did not abuse her discretion in refusing to allow a rebuttal witness to testify.
• United States v. Efren Pangilinan Sanga
  967 F.2d 1332· 9th Cir.· 1992-06-22 ·cited 4×
  The court held that a person smuggled into the country for unlawful employment can be considered a victim for restitution purposes under the VWPA, and that the district court did not err in imposing several liability or the payment schedule.
• United States v. GAY
  967 F.2d 322· 9th Cir.· 1992-06-16 ·cited 4×
  The court held that the district court did not abuse its discretion in replacing a juror, did not commit plain error by failing to re-voir dire the jury after a lengthy recess, and did not err in its jury instructions regarding intent to defraud, the admission of a prior civil in
• United States v. Knezek
  964 F.2d 394· 5th Cir.· 1992-06-16 ·cited 4×
  The court held that the defendant waived his right to a suppression hearing and to object to the admission of statements and evidence by failing to raise these issues properly and timely in the district court.
• Elec. Specialty Co. v. Rd. & Ranch Supply, Inc.
  967 F.2d 309· 9th Cir.· 1992-06-15 ·cited 4×
  The court held that ineffective service under Federal Rule of Civil Procedure 4(c)(2)(C)(ii) does not preclude subsequent service under Rule 4(c)(2)(C)(i) and state law, especially when a new summons is obtained.
• Mendoza v. Merit Sys. Prot. Bd.
  966 F.2d 650· Fed. Cir.· 1992-06-10 ·cited 4×
  The court held that the Merit Systems Protection Board (MSPB) did not abuse its discretion in dismissing the appeal as untimely because the applicant failed to show good cause for the delay despite clear orders.
• United States v. Lambert
  963 F.2d 711· 5th Cir.· 1992-06-08 ·cited 4×·via Gross Abuse Of Discretion
  The Fifth Circuit affirmed the district court's upward departure from the Sentencing Guidelines, holding that the court provided acceptable reasons for the departure and that the extent of the departure was reasonable. The court found that the defendant's criminal history, includ
• Govas v. Chalmers
  965 F.2d 298· 7th Cir.· 1992-06-02 ·cited 4×
  A district court has the discretion to dismiss a case for discovery violations when a party demonstrates a pattern of dilatory and evasive tactics and willfully persists in such tactics despite explicit warnings and court orders.
• Ronna Zaken v. Boerer
  964 F.2d 1319· 2d Cir.· 1992-06-01 ·cited 4×
  The court held that the trial court erred in excluding certain deposition testimony and in its supplemental jury instruction regarding the definition of 'motivating role' in a pregnancy discrimination case.
• United States v. Kladouris
  964 F.2d 658· 7th Cir.· 1992-05-20 ·cited 4×
  The court held that the admission of a deceased witness's grand jury testimony was proper under Rule 804(b)(5) and did not violate the Confrontation Clause, and that the defendant knowingly waived any conflict of interest with her counsel.
• Duncan v. Duncan
  598 So. 2d 205· Fla. 2d DCA· 1992-05-06 ·cited 4×
  Patricia Duncan appeals an amended order modifying child support and establishing arrearages. The court affirmed the reduction in child support but reversed the arrearages/credits determination, finding the trial court failed to provide sufficient findings and rationale for the a
• United States v. Sanders
  962 F.2d 660· 7th Cir.· 1992-05-05 ·cited 4×
  The court affirmed all convictions, holding that the district court did not abuse its discretion in denying mistrial motions or a new trial, as there was no reasonable possibility the jury verdict was affected by external influences.
• In re the Application of Malev Hungarian Airlines v. United Techs. Int'l Inc.
  964 F.2d 97· 2d Cir.· 1992-05-05 ·cited 4×
  The court held that the district court abused its discretion in denying a discovery request under 28 U.S.C. § 1782, as the statute does not require exhaustion of foreign remedies or a request from the foreign tribunal.
• United States v. Alphonse Cuozzo
  962 F.2d 945· 9th Cir.· 1992-04-27 ·cited 4×
  The court affirmed the convictions, finding no abuse of discretion in the evidentiary rulings, severance denials, Allen charge, or refusal to reread testimony.
• Manapurath Eappen Johnson v. Immigr. & Naturalization Serv.
  962 F.2d 574· 7th Cir.· 1992-04-24 ·cited 4×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the motion to reopen deportation proceedings.
• In re Walter J. Giller, Jr., M.D. v. Walter J. Giller, Jr., M.D., P.A.
  962 F.2d 796· 8th Cir.· 1992-04-23 ·cited 4×
  The court held that substantive consolidation of the debtors' bankruptcy cases was appropriate, and the trustee retained the power to avoid transfers to third parties for the benefit of other debtors.
• United States v. Coyote
  963 F.2d 1328· 10th Cir.· 1992-04-21 ·cited 4×
  The court held that the defendant's conviction for conspiracy to possess and distribute methamphetamine, use of a communication facility, and possession with intent to distribute was supported by sufficient evidence, and that the trial court did not err in denying her motion to q
• The Lubrizol Corp. v. Exxon Corp.
  957 F.2d 1302· 5th Cir.· 1992-04-15 ·cited 4×
  The court held that Lubrizol's breach of the covenant not to sue was obvious, and the district court did not abuse its discretion in sanctioning Lubrizol for failing to comply with discovery orders by accepting Exxon's proof of attorney's fees.
• N. Alaska Env't Ctr. v. Lujan
  961 F.2d 886· 9th Cir.· 1992-04-14 ·cited 4×·via Abuse Of Discretion (Appellate Review)
  The court held that the Environmental Impact Statements (EISs) prepared by the Park Service were adequate under the rule of reason, and the district court did not abuse its discretion in dissolving the injunction.
• United States v. Martin
  960 F.2d 59· 8th Cir.· 1992-03-23 ·cited 4×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was sufficient to support Martin's convictions and that Vaughn's claims of severance, unlawful search, and improper admission of a photograph did not warrant reversal.
• United States v. Bland
  961 F.2d 123· 9th Cir.· 1992-03-20 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in limiting cross-examination or admitting evidence, and that the life sentence imposed under 18 U.S.C. § 924(e) was constitutional.
• Tait v. Armor Elevator Co.
  958 F.2d 563· 3d Cir.· 1992-03-12 ·cited 4×
  The court held that the jury instructions regarding Armor's duty of care were proper under Pennsylvania law, and that the district court erred in granting a directed verdict for Prudential because a jury could find Prudential retained sufficient control over the elevators to be h
• United States v. Jude Somerset Hardesty
  958 F.2d 910· 9th Cir.· 1992-03-10 ·cited 4×
  A panel of this court must call for en banc review when faced with irreconcilable conflicts between prior circuit decisions, and cannot simply choose the precedent it believes to be correct or that was enacted later.
• W. Sys., Inc. v. Ulloa
  958 F.2d 864· 9th Cir.· 1992-03-04 ·cited 4×
  The court held that the relitigation exception to the Anti-Injunction Act permits enjoining state court proceedings barred by res judicata, not just issues actually litigated, and that sanctions for vexatious litigation require an appropriate hearing.
• William L. Comer Fam. Equity Pure Tr. v. Commissioner OF Internal Revenue
  958 F.2d 136· 6th Cir.· 1992-03-02 ·cited 4×
  The Sixth Circuit affirmed the Tax Court's denial of litigation costs, holding that the Tax Court did not abuse its discretion in finding the Commissioner's position substantially justified and that petitioners failed to demonstrate prejudice from evidentiary rulings.
• Brown v. Wallace
  957 F.2d 564· 8th Cir.· 1992-02-21 ·cited 4×
  The court held that the magistrate judge did not abuse discretion in denying the motion to amend the complaint and that the defendants were not personally liable for the plaintiff's alleged mistreatment.
• Ackley v. Western Conference OF Teamsters
  958 F.2d 1463· 9th Cir.· 1992-02-21 ·cited 4×
  The LMRDA does not require union leaders to fully disclose all terms of a collective bargaining agreement before ratification, nor does it impose minimum disclosure requirements when no statutorily created right to vote exists.
• United States v. Parcel OF Land & Residence AT 18 Oakwood St.
  958 F.2d 1· 1st Cir.· 1992-02-21 ·cited 4×
  The court held that the district court did not err in granting summary judgment for civil forfeiture or in denying the motion for relief from judgment.
• United States v. MMR Corp. & James B. Rutland
  954 F.2d 1040· 5th Cir.· 1992-02-19 ·cited 4×
  The court affirmed the denial of the recusal motion, the denial of an evidentiary hearing, and the denial of the motion for a new trial.
• In re Jeffrey Bigelow Design Grp. v. First Am. Bank OF Md.
  956 F.2d 479· 4th Cir.· 1992-02-13 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in denying the trustee's motion to amend the complaint, and that the payments were neither fraudulent transfers nor voidable preferences under the ordinary course of business exception.
• United States v. Pecina
  956 F.2d 186· 8th Cir.· 1992-02-06 ·cited 4×
  The court held that the evidence was sufficient to support the conspiracy conviction and that the district court did not err in admitting audiotapes, transcripts, or denying severance.
• United States v. Camacho
  955 F.2d 950· 4th Cir.· 1992-02-05 ·cited 4×
  The court held that commencing trial in the defendant's absence, due to a weather delay, constituted an abuse of discretion and was not harmless error.
• United States v. Jung Yul YU
  954 F.2d 951· 3d Cir.· 1992-01-28 ·cited 4×
  The court held that even if cultural differences could justify a downward departure, the defendant's circumstances did not warrant it because he understood his conduct violated U.S. law.
• C.Y. LEE and Cornelia Cho v. Dean Witter Reynolds, Inc.
  594 So. 2d 783· Fla. 2d DCA· 1992-01-17 ·cited 4×
  The trial court erred in vacating an arbitration award based on evidence not presented to the arbitrators and by applying the wrong standard of review.
• Hutchinson v. Stuckey
  952 F.2d 1418· D.C. Cir.· 1992-01-14 ·cited 4×
  The court held that the district court abused its discretion by granting a new trial based on the verdict being against the weight of the evidence, but affirmed the finding that damages were excessive, remanding for a new trial on damages only.
• Bachman v. Leapley
  953 F.2d 440· 8th Cir.· 1992-01-09 ·cited 4×
  The court held that the admission of expert testimony regarding the credibility of child victims' statements in a rape case did not violate federal constitutional principles.
• United States v. Bailey
  952 F.2d 363· 10th Cir.· 1991-12-27 ·cited 4×
  The court held that the trial court did not err in denying the defendant's motion to sever counts, in its handling of potential juror exposure to a newspaper article, or in its determination that the defendant did not receive ineffective assistance of counsel.
• Concetta Russo v. Romano
  591 So. 2d 1018· Fla. 3d DCA· 1991-12-24 ·cited 4×
  Florida appellate court affirmed denial of venue transfer to Broward County in child custody action but reversed temporary injunction prohibiting mother's visitation for failure to state reasons as required by civil procedure rules.
• United States v. Hernandez-Herrera
  952 F.2d 342· 10th Cir.· 1991-12-20 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting the challenged government exhibits, as they were properly authenticated and not inadmissible hearsay.
• United States v. Heffington
  952 F.2d 275· 9th Cir.· 1991-12-19 ·cited 4×
  The court held that a state superior court judge's prior representation of a co-defendant in an unrelated case did not violate the Fourth Amendment's requirement for a neutral and detached magistrate, and that the government's destruction of seized evidence, done in compliance wi
• In re Boddy v. United States Bankr. Court
  950 F.2d 334· 6th Cir.· 1991-12-05 ·cited 4×
  The court held that a bankruptcy court abused its discretion by applying a fixed 'normal and customary' fee standard instead of the lodestar method for calculating attorney's fees.
• DeJESUS v. Banco Popular de Puerto RICO
  951 F.2d 3· 1st Cir.· 1991-12-04 ·cited 4×
  The court held that the district court abused its discretion by making unjustified reductions in attorney's fees, failing to adequately consider the complexity and duration of pretrial proceedings.