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

• Abbott Labs. v. Brennan
  952 F.2d 1346· Fed. Cir.· 1991-12-27 ·cited 2×
  The court affirmed the denial of Rule 11 sanctions, the exclusion of certain evidence and expert testimony, and the dismissal of the antitrust counterclaim. It also affirmed the jury's verdict on tortious interference and abuse of process, subject to further review of specific da
• In re Irvin v. Lincoln Heritage Life Ins. Co.
  950 F.2d 1318· 7th Cir.· 1991-12-20 ·cited 2×
  The court held that the bankruptcy court and district court erred in setting aside the sale of the lawsuit due to a lack of evidence supporting Lincoln Heritage's claims.
• William D. Allen, D.D.S. v. La. State Bd. OF Dentistry
  948 F.2d 946· 5th Cir.· 1991-12-17 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to lift a previously imposed stay, even though the appellant had achieved partial success in state court, because the circumstances justifying abstention had not changed significantly.
• In re Harlow FAY, Inc. v. Fed. Land Bank OF ST. Louis
  951 F.2d 175· 8th Cir.· 1991-12-17 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the bankruptcy appeal for failure to timely file a brief, as the debtor failed to establish excusable neglect.
• Jourdan v. Jabe
  951 F.2d 108· 6th Cir.· 1991-12-16 ·cited 2×
  The relaxed pleading standard for pro se litigants does not extend to procedural matters like court-imposed discovery deadlines.
• United States v. Casey
  951 F.2d 892· 8th Cir.· 1991-12-11 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea without holding a separate evidentiary hearing.
• United States v. Parker
  952 F.2d 31· 2d Cir.· 1991-12-11 ·cited 2×
  The court held that an appeal from a finding of probation violation is not moot, even if the probation term has expired, if the appellant is directly attacking the finding itself due to potential collateral consequences. The court affirmed the district court's finding of a probat
• Cummings v. Louis W. Sullivan, M.D.
  950 F.2d 492· 7th Cir.· 1991-12-10 ·cited 2×
  The court held that the district court did not abuse its discretion in finding the government's position substantially justified, thus denying attorney's fees under the EAJA.
• United States v. Harrington
  951 F.2d 876· 8th Cir.· 1991-12-09 ·cited 2×
  The court held that the district court abused its discretion by ordering the disclosure of a confidential informant's identity when the informant was a 'tipster' and not a witness to the offense, and disclosure was not material to the defense.
• S. Star Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  949 F.2d 450· D.C. Cir.· 1991-11-29 ·cited 2×
  The court held that it has the authority to award sanctions against an attorney for a frivolous appeal, distinct from the award of costs, and that the appeal in this case warranted such sanctions.
• Johnson v. Bismarck Pub. Sch. Dist.
  949 F.2d 1000· 8th Cir.· 1991-11-25 ·cited 2×
  The court held that the district court did not abuse its discretion in denying attorneys' fees to a parent who achieved limited success and whose attorney may have unreasonably protracted the resolution of the controversy.
• United States v. Lambey
  949 F.2d 133· 4th Cir.· 1991-11-18 ·cited 2×
  The dissenting judge believes the district court abused its discretion by denying the defendant's motion to withdraw his guilty plea.
• United States v. Gilsenan
  949 F.2d 90· 3d Cir.· 1991-11-15 ·cited 2×
  The dissenting judge would hold that the record requires a new trial or an evidentiary hearing to determine juror exposure to extraneous prejudicial information.
• Appeal of Little Rock Sch. Dist.
  949 F.2d 253· 8th Cir.· 1991-11-14 ·cited 2×
  The court vacated orders and remanded for further proceedings, with the concurring judge expressing a desire for less restrictive changes to the desegregation plan.
• Blackwell v. Blackwell
  589 So. 2d 969· Fla. 2d DCA· 1991-11-08 ·cited 2×
• The Omaha Indem. Co. & The Mut. of Omaha Ins. Co. v. Wining
  949 F.2d 235· 8th Cir.· 1991-11-08 ·cited 2×
  The court held that interlocutory orders restraining asset transfers and appointing a receiver, issued in the context of civil contempt proceedings, were appealable as modifications of a preliminary injunction and were a proper exercise of the district court's equitable discretio
• Est. OF William Davidson Merch., III v. Comm'r Internal Revenue Serv.
  947 F.2d 1390· 9th Cir.· 1991-10-28 ·cited 2×
  The Tax Court did not abuse its discretion in denying litigation costs under 26 U.S.C. § 7430 because the government's position was not unreasonable, considering the evolving legal landscape and the Supreme Court's initial grant of certiorari.
• Wright v. U.S. Parole Comm'n
  948 F.2d 433· 8th Cir.· 1991-10-24 ·cited 2×
  The court should have reviewed the Parole Commission's decision for abuse of discretion, and Wright's due process rights were violated.
• Theresia Frazee v. Internal Revenue Serv.
  947 F.2d 448· 10th Cir.· 1991-10-22 ·cited 2×
  The district court did not abuse its discretion in declining to exercise equitable jurisdiction under Fed.R.Crim.P. 41(e) because the Frazees had an adequate remedy at law through a judicial forfeiture action.
• ARW Exploration Corp. v. Aguirre
  947 F.2d 450· 10th Cir.· 1991-10-22 ·cited 2×
  The court held that the appeal was not moot regarding arbitrability of certain claims, and the district court abused its discretion by declining to exercise jurisdiction over ARW's declaratory judgment action concerning those claims.
• Creske v. Commissioner OF Internal Revenue
  946 F.2d 43· 7th Cir.· 1991-10-17 ·cited 2×
  An order denying attorneys' fees under 26 U.S.C. § 7430 is an appealable 'decision' of the Tax Court, and the Tax Court did not abuse its discretion in denying the fees.
• Leshore v. Cnty. OF Worcester
  945 F.2d 471· 1st Cir.· 1991-10-01 ·cited 2×
  The court held that the district court did not abuse its discretion in removing the default judgment against the county and that the jury instructions were not plain error.
• Williams v. Caterpillar, Inc.
  944 F.2d 658· 9th Cir.· 1991-09-25 ·cited 2×
  The court held that Caterpillar's calculation of pension and retiree medical benefits did not violate ERISA, and that claims for misrepresentation and failure to provide information were not actionable by individual participants.
• Chez SEZ III Corp. v. Twp. OF Union
  945 F.2d 628· 3d Cir.· 1991-09-24 ·cited 2×
  The court held that abstention under the Pullman doctrine was proper because the state law regarding zoning ordinances was unsettled and its resolution could eliminate the federal constitutional claim, and the denial of a preliminary injunction was also proper as the plaintiffs w
• In re Sierra Club v. State of S.C.
  945 F.2d 776· 4th Cir.· 1991-09-20 ·cited 2×
  The court held that the district court abused its discretion in denying the Sierra Club's motions to intervene as a matter of right in both the ThermalKEM and Hazardous Waste Treatment Council cases.
• Vuitton v. Helene White
  945 F.2d 569· 3d Cir.· 1991-09-18 ·cited 2×
  An order denying an application for an ex parte seizure order under 15 U.S.C. § 1116(d) is immediately appealable as a denial of an injunction under 28 U.S.C. § 1292(a)(1), and the district court's refusal to grant such an order in this case was an abuse of discretion.
• United States v. Alphonso Wright
  943 F.2d 748· 7th Cir.· 1991-09-16 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting evidence of a prior narcotics arrest under Federal Rule of Evidence 404(b) and in admitting a tape-recorded conversation, as both were relevant and properly handled with limiting instructions.
• In re James W. Land & Lois L. Land v. First Nat'l Bank OF Alamosa
  943 F.2d 1265· 10th Cir.· 1991-09-10 ·cited 2×
  The court held that a bankruptcy court may order the return of fees paid to an attorney by third parties if the attorney failed to obtain court approval for employment, even if the fees are not excessive.
• Bernardi v. Yeutter
  942 F.2d 562· 9th Cir.· 1991-08-22 ·cited 2×
  The court held that a multiplier for contingent risk should have been applied to the attorneys' fees award, and that fees for litigating the fee petition were improperly denied. The court also reversed the award of interest on the judgment against the government.
• Powell v. A.T. & T. Commc'ns, Inc.
  938 F.2d 823· 7th Cir.· 1991-08-08 ·cited 2×
  The court held that the plaintiff failed to exhaust administrative remedies under the ERISA plan, and the exceptions for futility and denial of access were not met.
• United States v. Anton Groves
  941 F.2d 664· 8th Cir.· 1991-08-08 ·cited 2×
  A defendant's conviction for conspiracy and distribution of crack cocaine is affirmed, as slight evidence connecting the defendant to the conspiracy is sufficient, and the admission of evidence regarding a van was not an abuse of discretion.
• Rodell v. Gallagher
  583 So. 2d 768· Fla. 3d DCA· 1991-08-06 ·cited 2×
  Appellant Rodell, a real estate seller, appeals the trial court's denial of her motion for continuance in a case where buyers sought return of their $10,000 deposit after failing to secure financing. The court affirmed the judgment against Rodell, holding that denial of the conti
• United States v. Mokol
  939 F.2d 436· 7th Cir.· 1991-08-06 ·cited 2×
  The court held that the district court did not abuse its discretion in denying admission of the murdered witness's prior testimony, as the government failed to provide adequate corroboration.
• Osie Cook, Jr. v. Navistar Int'l Transp. Corp.
  940 F.2d 207· 7th Cir.· 1991-08-05 ·cited 2×
  The court held that the district court's evidentiary rulings, while potentially erroneous in some instances, did not constitute reversible error and that the defective notice of appeal did not deprive the court of jurisdiction.
• Castillo v. ST. Paul Fire & Marine Ins. Co.
  938 F.2d 776· 7th Cir.· 1991-07-30 ·cited 2×
  The court affirmed the district court's sanctions, contempt finding, and dismissal of the doctor's case, finding the doctor and his counsel engaged in egregious discovery abuse.
• Homico Constr. & Dev. Co. v. Ti-Bert Sys., Inc.
  939 F.2d 392· 6th Cir.· 1991-07-25 ·cited 2×
• United States v. Nunn
  940 F.2d 1148· 8th Cir.· 1991-07-23 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding expert testimony regarding the defendant's PTSD, as it would not have assisted the jury in evaluating the defenses of entrapment or coercion.
• United States v. Rogers
  939 F.2d 591· 8th Cir.· 1991-07-23 ·cited 2×·via Abuse Of Discretion Standard For Evidence Admission
  The court affirmed both convictions and sentences, holding that the district court did not err in denying William Rogers' motion to withdraw his guilty plea and that sufficient evidence supported DeLinda Rogers' conviction.
• In re Harolyn Anderson v. Harolyn Anderson
  936 F.2d 199· 5th Cir.· 1991-07-22 ·cited 2×
  The court held that a bankruptcy court has broad equitable discretion to award attorney's fees, even when the attorney has violated the Bankruptcy Code and Rules, provided the services benefited the estate.
• United States v. Noel
  938 F.2d 685· 6th Cir.· 1991-07-19 ·cited 2×
  The court held that the search warrant was valid despite the premises being subdivided, as the officers' inquiry was reasonable based on information available at the time, and that the exclusion of a co-defendant's statement against interest was proper due to lack of corroboratio
• Oostendorp v. Trilok S. Khanna
  937 F.2d 1177· 7th Cir.· 1991-07-15 ·cited 2×
  The court held that the district court did not abuse its discretion by requiring deposition summaries and by admitting certain evidence, nor did it err in imposing sanctions on plaintiff's counsel.
• Blackman v. Busey
  938 F.2d 659· 6th Cir.· 1991-07-10 ·cited 2×
  The court held that the National Transportation Safety Board's findings were supported by substantial evidence, and neither the Administrator's revocation of the pilot's certificate nor the emergency proceedings constituted an abuse of discretion, nor did they violate the pilot's
• Great Am. Audio Corp. v. Metacom, Inc.
  938 F.2d 16· 2d Cir.· 1991-06-28 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion, but dismissed the appeal of the denial of permanent injunctive relief due to lack of a final judgment.
• Krabbenhoft v. Commissioner OF Internal Revenue
  939 F.2d 529· 8th Cir.· 1991-06-27 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the lower court's decision, finding that the statutory interpretation, though harsh, was not legally erroneous.
• Ticor Title Ins. Co. v. Florida
  937 F.2d 447· 9th Cir.· 1991-06-25 ·cited 2×
  The court held that the defendants' repeated forgeries of tax lien releases constituted a pattern of racketeering activity under RICO and that the damages awarded were properly calculated.
• DeBARDELEBEN v. J.M. Quinlan
  937 F.2d 502· 10th Cir.· 1991-06-20 ·cited 2×
  The court held that the district court abused its discretion by dismissing the action with prejudice for failure to prosecute, as the sanction was too severe given the circumstances.
• United States v. Murphy
  935 F.2d 899· 7th Cir.· 1991-06-19 ·cited 2×
  The court held that copies of AFDC checks received by the defendant were admissible as evidence, even those predating the specific charge, to show intent and absence of mistake.
• Hindenberger v. State
  581 So. 2d 633· Fla. 4th DCA· 1991-06-12 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting the appellant's taped statement to the police, even though it followed an unwarned portion.
• Miltier v. Downes
  935 F.2d 660· 4th Cir.· 1991-06-11 ·cited 2×
  The court vacated the Rule 11 sanctions and remanded for reconsideration, finding the district court did not adequately assess counsel's conduct from an ex ante perspective and failed to consider the least severe sanction adequate to serve Rule 11's purposes.
• Trinidad v. Sec'y OF Health & Human Servs.
  935 F.2d 13· 1st Cir.· 1991-06-06 ·cited 2×
  The court held that the district court abused its discretion in denying attorney's fees for post-remand agency proceedings and that the reduction in the hourly rate for district court work was within the court's discretion.