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

• Jones v. Meyer
  899 F.2d 883· 9th Cir.· 1990-04-11 ·cited 4×
  The court held that shackling a defendant during trial, when justified by security concerns and less restrictive alternatives were considered, does not violate the due process clause or the presumption of innocence.
• United States v. Kuennen
  901 F.2d 103· 8th Cir.· 1990-04-09 ·cited 4×·via Abuse Of Discretion Standard For Jury Instructions
  The court held that the defendant 'caused' the use of the mails for delivery of obscene material, even though intercepted and delayed, and that venue was proper. Constitutional and evidentiary challenges were also rejected.
• Hyundai Elecs. Indus. Co., Ltd. v. United States Int'l Trade Comm'n
  899 F.2d 1204· Fed. Cir.· 1990-04-04 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the International Trade Commission's exclusion order, holding that the certification provision for downstream products was a reasonable remedy within the Commission's discretion.
• Cotter v. Eastern Conference OF Teamsters Retirement Plan
  898 F.2d 424· 4th Cir.· 1990-03-12 ·cited 4×
  The court held that the plan administrator's interpretation requiring a formal claim for vested retirement benefits was an abuse of discretion and violated ERISA's nonforfeiture provisions. The court also held that the employee's claim was not time-barred.
• W.R. Grace & Co. v. Cont'l Cas. Co.
  896 F.2d 865· 5th Cir.· 1990-03-06 ·cited 4×
  The court denied rehearing, holding that the arguments raised for the first time were not persuasive enough to warrant reconsideration of the choice of law determination.
• United States v. Kroh
  896 F.2d 1524· 8th Cir.· 1990-03-02 ·cited 4×
  The court held that the admission of George Kroh's guilty plea to conspiracy was prejudicial error because there was insufficient evidence of a conspiracy between George and the defendant, and this error tainted the defendant's credibility on all other charges.
• United States v. Burton
  898 F.2d 595· 8th Cir.· 1990-03-01 ·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 in denying an absent witness instruction, and affirmed the convictions.
• Bonin v. Tour W., Inc.
  896 F.2d 1260· 10th Cir.· 1990-02-23 ·cited 4×
  The court held that a party does not waive the right to challenge inconsistencies in a special verdict under Fed.R.Civ.P. 49(a) by failing to object before the jury is discharged.
• United States v. Pilar Villapudua-Perada
  896 F.2d 1154· 9th Cir.· 1990-02-09 ·cited 4×
  The court held that the thirty-day period for the district court to modify its dismissal order was tolled while the defendant was a fugitive, thus the court retained jurisdiction to reinstate the conviction.
• United States v. Robinson
  893 F.2d 1244· 11th Cir.· 1990-02-06 ·cited 4×
  A probationer's refusal to answer questions about income, even if invoking the Fifth Amendment, can lead to probation revocation if it violates an explicit condition of probation requiring truthful reporting.
• Royal Coll. Shop, Inc. v. N. Ins. Co. OF N.Y.
  895 F.2d 670· 10th Cir.· 1990-02-01 ·cited 4×
  The court held that prejudgment interest should be awarded on liquidated damages (stipulated building and personal property losses) but not on unliquidated damages (inventory and loss of earnings). The court also affirmed the denial of Northern's motions regarding consequential d
• United States v. Wesner Richardson
  894 F.2d 492· 1st Cir.· 1990-01-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the defendant's request to substitute counsel on the morning of trial, as the request was untimely and the defendant's appointed counsel was prepared.
• United States v. Conners
  894 F.2d 987· 8th Cir.· 1990-01-24 ·cited 4×
  The court affirmed the convictions, holding that the jury instructions adequately covered the defendant's good faith defense, the exclusion of certain evidence was not an abuse of discretion, and the embezzlement and false entry charges were not duplicitous.
• Beeson v. Smith
  893 F.2d 930· 7th Cir.· 1990-01-24 ·cited 4×
  The court held that the district court abused its discretion in denying the motion to vacate the default judgment, as the clients should not suffer for their attorney's neglect.
• Indep. Sch. Dist. NO. 623 v. Digre
  893 F.2d 987· 8th Cir.· 1990-01-12 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the district court did not abuse its discretion in awarding attorney's fees under the EHA, as no special circumstances rendered the award unjust and fees for administrative proceedings were appropriate.
• United States v. Cruz
  894 F.2d 41· 2d Cir.· 1990-01-09 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court properly exercised its discretion in excluding a sentencing transcript and inconsistent versions of an investigation report.
• Yusov v. Yusuf
  892 F.2d 784· 9th Cir.· 1989-12-19 ·cited 4×
  The court held that the district court did not abuse its discretion in entering a default judgment as a sanction for repeated and willful failure to obey court orders and follow procedural rules.
• Myers v. Pennzoil Co.
  889 F.2d 1457· 5th Cir.· 1989-12-12 ·cited 4×
  The court held that the trial court did not abuse its discretion in limiting impeachment evidence regarding settlements and in excluding evidence of post-accident remedial measures, but erred in its calculation of prejudgment interest.
• In re Chicago
  891 F.2d 159· 7th Cir.· 1989-12-07 ·cited 4×
  The court held that the reorganization court had discretion to award interest to compensate for an unreasonable delay in returning wages.
• Moraine Indus. Supply, Inc. v. Sterling Rubber Prods. Co.
  891 F.2d 133· 6th Cir.· 1989-12-06 ·cited 4×
  The court held that a preliminary injunction enforcing noncompetition agreements cannot extend beyond the expiration date of those agreements.
• United States v. Dennison
  891 F.2d 255· 10th Cir.· 1989-12-01 ·cited 4×
  The court held that dismissal of the indictment was an abuse of discretion and that the government's appeal was not barred by double jeopardy or lack of diligence.
• In re Summit Corp.
  891 F.2d 1· 1st Cir.· 1989-11-28 ·cited 4×
  The court held that the bankruptcy court had the authority to issue a discovery order to facilitate competitive bidding for estate assets and that sanctions for non-compliance were appropriate, but the amount of costs awarded needed recalculation.
• Dole v. Milonas
  889 F.2d 885· 9th Cir.· 1989-11-15 ·cited 4×
  The attorney-client privilege does not protect the identity of clients in this context, but may protect documents reflecting the nature and extent of services rendered, requiring further proceedings on remand. The denial of a protective order was not an abuse of discretion.
• Lemaster v. United States
  891 F.2d 115· 6th Cir.· 1989-11-02 ·cited 4×
  The court affirmed the award of sanctions under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927, finding no abuse of discretion by the district court in determining that the plaintiffs' conduct was unreasonable and in calculating the sanction amount.
• United States v. Melucci
  888 F.2d 200· 1st Cir.· 1989-11-01 ·cited 4×
  The court held that the defendant lacked standing to contest the search of the storage unit and that the district court did not abuse its discretion in admitting the handwriting expert's testimony.
• Dade Cnty. v. Midic Realty, Inc.
  549 So. 2d 1207· Fla. 3d DCA· 1989-10-17 ·cited 4×
  In an eminent domain proceeding, Dade County appeals the trial court's award of $30,000 in appraiser's fees to the property owner, challenging the reasonableness of the award and claiming it deviated excessively from the County's own appraiser fees. The appellate court affirmed,
• McNULTY v. Sullivan
  886 F.2d 1074· 8th Cir.· 1989-10-12 ·cited 4×
  The court held that the district court did not abuse its discretion by refusing an upward cost of living adjustment to attorney fees under the EAJA when the appellant failed to submit supporting proof.
• United States v. Umberto Pitino
  887 F.2d 42· 4th Cir.· 1989-10-03 ·cited 4×
  The court held that the district judge did not abuse his discretion in refusing to allow the appellant to withdraw his guilty plea, as the appellant failed to show a fair and just reason for withdrawal.
• Am. Lumber Corp. v. Nat'l R.R. Passenger Corp.
  886 F.2d 50· 3d Cir.· 1989-09-22 ·cited 4×
  The court held that a broad release signed by the plaintiff's assignor barred the assignee's subsequent contract claims, and that information sought via FOIA was not discoverable.
• Elba Judith Oliveras-Salas v. Puerto RICO Hwy. Auth.
  884 F.2d 1532· 1st Cir.· 1989-09-15 ·cited 4×
  The court held that Article 1483 of the Civil Code of Puerto Rico, the 'plazo decenal,' applies to third-party claims for damages from construction defects, and thus the claims were time-barred.
• Gaddy v. Abex Corp. & Miguel Solis
  884 F.2d 312· 7th Cir.· 1989-09-06 ·cited 4×
  The court affirmed the grant of a new trial and the finding of sex discrimination but reversed the injunction against retaliation and remanded for recalculation of damages due to failure to account for plant shutdowns.
• Bijan N. Tabrizi and Fahimeh A. Tabrizi v. Vill. OF Glen Ellyn
  883 F.2d 587· 7th Cir.· 1989-08-31 ·cited 4×
  The court affirmed the district court's denial of sanctions and attorney's fees, finding no abuse of discretion.
• Burns v. Cnty. OF King
  883 F.2d 819· 9th Cir.· 1989-08-29 ·cited 4×
  State social workers providing affidavits for use in bond revocation proceedings are entitled to absolute immunity from liability under 42 U.S.C. § 1983.
• Linkstrom v. Golden T. Farms Trumbower
  883 F.2d 269· 3d Cir.· 1989-08-28 ·cited 4×
  The court held that the trial judge abused his discretion by excluding the plaintiff's farm safety expert testimony, as it was potentially helpful to the jury in understanding unfamiliar farming practices and risks.
• Hapaniewski v. City OF Chicago Heights
  883 F.2d 576· 7th Cir.· 1989-08-25 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to transfer venue or in imposing Rule 11 sanctions on the attorneys.
• Jones v. Psimos
  882 F.2d 1277· 7th Cir.· 1989-08-21 ·cited 4×
  The court held that the district court did not err in granting summary judgment for the attorney because the client failed to establish causation for her legal malpractice claim, as the underlying state court property division would not have been reversed on appeal. The court als
• United States v. ONE Urban LOT
  882 F.2d 582· 1st Cir.· 1989-08-16 ·cited 4×
  The appellant's notice of appeal was timely only as to the District Court's denial of her motion to vacate, and the court found no abuse of discretion in that denial.
• Bucary v. R.L. Rothrock
  883 F.2d 447· 6th Cir.· 1989-08-15 ·cited 4×
  The court held that while the district court did not abuse its discretion in awarding costs upon remand, it did abuse its discretion by forfeiting the entire removal bond without determining the actual costs incurred by the plaintiffs.
• Davis v. Davis
  547 So. 2d 309· Fla. 4th DCA· 1989-08-09 ·cited 4×
  The court held that the trial court abused its discretion by failing to award child support and attorney's fees to the appellant, given the parties' disparate financial circumstances.
• United States v. Rasmussen
  881 F.2d 395· 7th Cir.· 1989-08-02 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the thirteen-month delay in holding the probation revocation hearing and the denial of a continuance did not violate the defendant's due process rights or Sixth Amendment right to counsel.
• Reiss v. Guilford Hagmann
  881 F.2d 890· 10th Cir.· 1989-07-28 ·cited 4×
  The bankruptcy court abused its discretion in approving a compromise settlement over the objection of the sole creditor when the creditor offered to bear all litigation costs and the settlement did not resolve the underlying dispute regarding the creditor's status.
• United States v. J.L.K., JR.
  880 F.2d 993· 8th Cir.· 1989-07-18 ·cited 4×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting federal regulations concerning administrative remedies into evidence, as they were relevant to the appellant's defense of necessity.
• United States v. West
  878 F.2d 1111· 8th Cir.· 1989-07-12 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying a continuance, that inadmissible hearsay and references to a dismissed charge did not prejudice the jury, and that the judge's admonishments of counsel were proper.
• Prime Mgmt. Co., Inc. v. W & C Assocs., Ltd.
  548 So. 2d 696· Fla. 3d DCA· 1989-07-11 ·cited 4×
  Prime Management Company appeals a jury verdict on damages in a breach of fiduciary duty action following a retrial limited to damages. The court affirmed the judgment, rejecting Prime's arguments that the trial court erred in failing to direct a verdict and that plaintiff's coun
• Veillon v. Exploration Servs., Inc.
  876 F.2d 1197· 5th Cir.· 1989-07-07 ·cited 4×
  The court held that the district court did not err in denying Travelers' motion to withdraw funds, but did err in imposing Rule 11 sanctions on an attorney who did not sign the offending motion.
• Thomas J. Kline, Inc. v. Lorillard, Inc.
  878 F.2d 791· 4th Cir.· 1989-06-30 ·cited 4×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that the jury's finding of a requirements contract was supported by evidence and that credit terms are part of the price under the Robinson-Patman Act.
• Leefe v. AIR Logistics, Inc.
  876 F.2d 409· 5th Cir.· 1989-06-28 ·cited 4×
  The court held that the district court did not abuse its discretion in excluding expert testimony deemed cumulative and that the jury's damage award was supported by the evidence.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Robinson v. America's Best Contacts AND Eyeglasses
  876 F.2d 596· 7th Cir.· 1989-06-08 ·cited 4×
  The court held that the complaint was not 'filed' for Rule 4(j) purposes until the filing fee was paid, as permitted by local rules and the court's extension.
• Wash. Pub. Power Supply Sys. v. Pittsburgh-Des Moines Corp.
  876 F.2d 690· 9th Cir.· 1989-05-23 ·cited 4×
  The court held that the terms 'defective' and 'nonconforming' in Modification 164 are ambiguous and do not exclusively refer to warranty claims, and that the special fund doctrine limits PDM's collection of its judgment to the WNP-4/5 revenue funds.