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

• Peppers v. Barry
  873 F.2d 967· 6th Cir.· 1989-05-04 ·cited 4×
  The appellate court should not make its own factual determination of contempt but should remand to the trial court for application of the correct legal standard.
• Seven Star, Inc. v. United States
  873 F.2d 225· 9th Cir.· 1989-04-24 ·cited 4×
  The court held that the district court did not abuse its discretion in denying injunctive relief because the plaintiffs failed to demonstrate a likelihood of success on the merits of their claim for H-2 temporary worker visas.
• The Long Island R.R. Co. v. Int'l Ass'n OF MacHinists
  874 F.2d 901· 2d Cir.· 1989-04-10 ·cited 4×
  The court held that sympathy strikes by railroad employees, in response to a strike by another union against a different employer, are subject to the Railway Labor Act's dispute resolution procedures and can be enjoined pending arbitration.
• ELI Lilly & Co. v. Medtronic, Inc.
  872 F.2d 402· Fed. Cir.· 1989-03-29 ·cited 4×
  The court held that 35 U.S.C. § 271(e)(1) applies to all patented inventions, including medical devices, not just drugs, to permit use solely for developing and submitting information to the FDA.
• Am. Lung Ass'n OF NEW Jersey v. Kean
  871 F.2d 319· 3d Cir.· 1989-03-20 ·cited 4×
  The court held that the Clean Air Act's citizens' suit provision grants jurisdiction over states in their regulatory capacity, and that trade associations denied intervention in the liability phase cannot appeal the merits of that decision.
• In re Zimmerman v. Zimmerman
  869 F.2d 1126· 8th Cir.· 1989-03-14 ·cited 4×
  The court held that the denial of a motion to revoke a bankruptcy discharge was not an abuse of discretion, as the movant failed to explain her failure to utilize available bankruptcy procedures.
• United States v. Sacco
  869 F.2d 499· 9th Cir.· 1989-03-08 ·cited 4×
  The court held that a trial court did not abuse its discretion by allowing the jury to replay a videotaped deposition during deliberations, as the replay was conducted in open court, in its entirety, and the case had ample physical evidence.
• Foster Marine Contractors, Inc. v. S. Bell Tel. & Tel. Co.
  541 So. 2d 114· Fla. 4th DCA· 1989-03-01 ·cited 4×
• Amarjit Singh v. A.D. Moyer
  867 F.2d 1035· 7th Cir.· 1989-02-08 ·cited 4×
  The court held that federal district courts lack subject matter jurisdiction to review the USIA's unfavorable recommendation for a waiver of the two-year foreign residency requirement because there is no meaningful standard by which to judge the agency's discretion. The court als
• Russell v. Heckler
  866 F.2d 638· 3d Cir.· 1989-01-31 ·cited 4×
  The Secretary's position was not substantially justified, and the district court abused its discretion in denying the EAJA application for fees and costs.
• Flax v. W.S. Potts
  864 F.2d 1157· 5th Cir.· 1989-01-26 ·cited 4×
  The court held that the district court did not abuse its discretion in modifying the desegregation plan to terminate busing for elementary students, finding the costs outweighed the limited benefits.
• United States v. Schoenfeld
  867 F.2d 1059· 8th Cir.· 1989-01-17 ·cited 4×
  The court held that the denial of severance was not an abuse of discretion, the evidence was sufficient, and the jury instructions were adequate.
• Paschall v. State
  538 So. 2d 470· Fla. 2d DCA· 1989-01-06 ·cited 4×
  Eugene Paschall appealed his departure sentence, challenging both the validity of the departure ground and the extent of the sentence increase. The court affirmed the sentence, finding that the temporal proximity of crimes committed across multiple months constituted a valid basi
• Burton S. Davis, III v. Am. JET Leasing, Inc.
  864 F.2d 612· 8th Cir.· 1988-12-28 ·cited 4×
  The court held that the district court did not abuse its discretion in denying motions for continuance or mistrial due to untimely document production, nor in admitting expert testimony.
• Sears v. Charles W. Sears Real Est., Inc.
  865 F.2d 22· 2d Cir.· 1988-12-27 ·cited 4×
  The court held that the district court did not err in denying leave to proceed in forma pauperis or in denying appointment of counsel, as the appellant did not establish indigence.
• Richard O.J. Mayberry v. Walters
  862 F.2d 1040· 3d Cir.· 1988-12-16 ·cited 4×
  The court held that an attorney has standing to seek fees under § 1988 as a surrogate for the client, and fees can be awarded for services rendered before trial termination. The court also affirmed the denial of new trial motions and costs.
• United States v. Logan
  861 F.2d 859· 5th Cir.· 1988-12-16 ·cited 4×
  The court held that the district court abused its discretion in granting a new trial because the defendant failed to demonstrate a reasonable probability that the outcome would have been different absent counsel's erroneous advice regarding prior convictions.
• Sims Snowboards, Inc. v. Craig Kelly & the Burton Corp.
  863 F.2d 643· 9th Cir.· 1988-12-06 ·cited 4×
  A federal court in a diversity case must apply state law, including anti-injunction statutes, if that law is outcome-determinative, even if federal equitable powers might otherwise permit an injunction.
• Decker v. Decker
  534 So. 2d 844· Fla. 5th DCA· 1988-12-01 ·cited 4×
  Military retirement pensions earned during marriage are marital assets subject to equitable distribution, and a trial court abuses its discretion in refusing to award a former spouse a vested interest in such a pension when the former spouse lacks substantial independent earnings
• United States v. White
  861 F.2d 994· 6th Cir.· 1988-11-23 ·cited 4×
  The court held that the district court did not err in denying the motion for a new trial because the alleged newly discovered evidence of undisclosed promises to a co-defendant would not have affected the jury's assessment of credibility or the outcome of the trial.
• State of Minn. v. Merit Sys. Prot. Bd.
  858 F.2d 433· 8th Cir.· 1988-10-04 ·cited 4×
  The court held that the Merit Systems Protection Board did not abuse its discretion in ordering the removal of an employee who willfully violated the Hatch Political Activities Act by running for partisan office while on approved leave, despite prior district court rulings to the
• Carey v. King
  856 F.2d 1439· 9th Cir.· 1988-09-15 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing a pro se plaintiff's action for failure to prosecute when mail was returned undeliverable and the plaintiff failed to update his address.
• Venancio Medellin v. Bustos
  854 F.2d 795· 5th Cir.· 1988-09-15 ·cited 4×
  The court held that the Department of Labor's denial of a labor certification substitution based on a Technical Assistance Guide provision was contrary to law and regulation.
• Ellis J. Levron, Jr. v. Gulf Int'l Marine, Inc.
  854 F.2d 777· 5th Cir.· 1988-09-14 ·cited 4×
  The court held that the appeal was untimely because the notice of appeal was not filed within 30 days of the date the judgment became final and appealable.
• State OF La. v. Colonel Robert C. LEE
  853 F.2d 1219· 5th Cir.· 1988-09-06 ·cited 4×
  The court held that the government's position was not substantially justified, but remanded the issue of attorney fees to the district court to reconsider the impact of an ineligible party's participation and to re-evaluate enhanced fee awards.
• Wayzata Bank & Tr. Co. v. A & B Farms
  855 F.2d 590· 8th Cir.· 1988-08-30 ·cited 4×
  The court held that the district court did not err in allowing a counterclaim for breach of fiduciary duty to be asserted, finding jurisdiction, and denying motions for relief from judgment.
• Glover v. Johnson
  855 F.2d 277· 6th Cir.· 1988-08-22 ·cited 4×
  The court's reference to per capita allocation of costs should not be overread but considered in context.
• State OF Or. v. Bowen
  854 F.2d 346· 9th Cir.· 1988-08-18 ·cited 4×
  The court held that the Provider Reimbursement Review Board has jurisdiction to review a fiscal intermediary's refusal to reopen a Medicare reimbursement determination, and that judicial review of such decisions is available.
• Marcellin L. Smith v. Ferrel
  852 F.2d 1074· 8th Cir.· 1988-08-01 ·cited 4×
  The court held that the jury's verdict was supported by substantial evidence and that any error in the jury instruction was harmless.
• Cluett v. Dep't of Prof'l Reg.
  530 So. 2d 351· Fla. 1st DCA· 1988-07-22 ·cited 4×·via Reasonableness Test For Abuse Of Discretion
  The Florida Real Estate Commission denied Mary Cluett's motion for reconsideration after her client Beverly Lockner recanted her testimony regarding whether Cluett had permission to use escrowed funds for mortgage payments. The court reversed and remanded for a new hearing, findi
• United States Fire Ins. Co. v. Pressed Steel Tank Co., Inc.
  852 F.2d 313· 7th Cir.· 1988-07-20 ·cited 4×
  The court held that the trial court erred in its jury instructions regarding contract ambiguity and in failing to submit all material issues to the jury via the special verdict form, requiring reversal and remand.
• Whyte v. Commissioner OF Internal Revenue
  852 F.2d 306· 7th Cir.· 1988-07-19 ·cited 4×
  The court held that the taxpayer could not elect the special ten-year carryforward provision for a foreign expropriation loss because the election was not made on the tax return for the year the loss occurred, as required by statute and regulation.
• Michele v. Hagans
  852 F.2d 60· 3d Cir.· 1988-07-15 ·cited 4×
  The court held that the district court did not abuse its discretion by precluding plaintiffs from using a substitute pilot expert, and a Poulis balancing test was not required.
• United States v. Dunn
  851 F.2d 1099· 8th Cir.· 1988-07-14 ·cited 4×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district court did not err in refusing to allow testimony on direct examination about the lack of physical evidence of sexual penetration, admitting hearsay testimony from a child, or denying a new trial based on allegedly withheld reports.
• Case v. Bentley
  527 So. 2d 939· Fla. 2d DCA· 1988-07-01 ·cited 4×
  In this medical malpractice case, the court reverses a trial court's order granting a new trial after a jury verdict favored the defendant. The appellate court holds that the trial court improperly reevaluated witness credibility, which is primarily a jury function, and did not c
• In re the Contempt OF Stanley I. Greenberg v. Miller
  849 F.2d 1251· 9th Cir.· 1988-06-24 ·cited 4×
  A summary criminal contempt conviction under Fed.R.Crim.P. 42(a) requires the judge to certify that they saw or heard the contemptuous conduct, and the conduct must constitute an exceptional circumstance posing an immediate threat to the judicial process.
• Brun-Jacobo v. PAN Am. World Airways, Inc.
  847 F.2d 242· 5th Cir.· 1988-06-17 ·cited 4×
  The court held that the district court abused its discretion by granting a new trial based on an unsubstantiated assumption of jury bias against foreign nationals, as the original verdict was within the range of permissible awards and lacked any other indicia of error.
• Naylor v. ST. Louis Sw. Ry. Co.
  847 F.2d 1305· 8th Cir.· 1988-06-08 ·cited 4×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that any errors in jury instructions or evidence admission were not so egregious as to warrant a new trial, given the instructions as a whole and the jury's verdict.
• United States v. Bogard
  846 F.2d 563· 9th Cir.· 1988-05-13 ·cited 4×·via Abuse Of Discretion Standard For Continuance
  The court held that the denial of the motion to continue was not an abuse of discretion and the motion to inspect jury materials was untimely.
• G.M. Brod & Co., Inc. v. Ira Adler
  845 F.2d 899· 11th Cir.· 1988-05-10 ·cited 4×
  The court held that the district court did not abuse its discretion in denying an injunction under the relitigation exception of the Anti-Injunction Act.
• Fed. Deposit Ins. Corp. v. Alton E. Jones
  846 F.2d 221· 4th Cir.· 1988-05-05 ·cited 4×
  The court held that the district court's failure to set forth findings of fact and conclusions of law for its rulings on preliminary injunctions constituted reversible error, requiring remand.
• John B. Hull, Inc. v. Waterbury Petroleum Prods., Inc.
  845 F.2d 1172· 2d Cir.· 1988-05-02 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing WPP's antitrust claims and awarding attorney fees due to WPP's repeated failure to comply with discovery orders.
• Eugene v. Klein
  845 F.2d 76· 4th Cir.· 1988-04-25 ·cited 4×
  A contract was formed for the sale of the jet, but specific performance was an inappropriate remedy because the aircraft was not unique and money damages would be adequate.
• McNEAL v. B.H. Papasan
  842 F.2d 787· 5th Cir.· 1988-04-19 ·cited 4×
  The court held that dismissal with prejudice is an extreme sanction requiring a clear record of delay or contumacious conduct and a finding that lesser sanctions would not suffice, neither of which were adequately established.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Agcaoili v. Gustafson
  844 F.2d 620· 9th Cir.· 1988-04-04 ·cited 4×
  The court held that the district court abused its discretion by staying the proceedings and that the INS has a mandatory duty under 8 U.S.C. § 1446 to process naturalization applications for Filipino veterans.
• United States v. Dennis
  843 F.2d 652· 2d Cir.· 1988-04-01 ·cited 4×·via Abuse Of Discretion (Appellate Review)
  The court held that the trial judge improperly limited the cross-examination of a key government witness regarding a pretrial conversation with the defense attorney, requiring remand for further findings and potential new trial.
• Paris v. Dep't OF Hous. & Urban Dev.
  843 F.2d 561· 1st Cir.· 1988-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, as the legislative intent underlying public housing provisions forbids skipping over families because they are too poor.
• Empire Indem. Ins. Co. v. Carolina Cas. Ins. Co.
  838 F.2d 1428· 5th Cir.· 1988-03-11 ·cited 4×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the district court's findings regarding insurance liability were not clearly erroneous and that controlling law was correctly applied, affirming the apportionment of liability and denial of attorney's fees.
• Percy v. SAN Francisco Gen. Hosp.
  841 F.2d 975· 9th Cir.· 1988-03-10 ·cited 4×
  The court held that a claim for denial of due process in a Civil Service Commission hearing does not relate back to an original complaint alleging racial discrimination in termination under Title VII, as they arise from different conduct and transactions.