Abuse Of Discretion (Standard Of Review)

12,338 Florida cases classified under this topic, plus 1,659 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re Lederman Enters., Inc., Debtor. Rubner & Kutner, P.C. v. U.S. Trustee
  997 F.2d 1321· 10th Cir.· 1993-06-29
  The court held that bankruptcy courts have discretion to award fees only for actual, necessary services that benefit the estate, and that denial of fees for services that provided no demonstrable benefit was not an abuse of discretion.
• United States v. Eusebio Miramontez, Jr.
  995 F.2d 56· 5th Cir.· 1993-06-28
  The court held that the district court did not abuse its discretion in denying the pro se defendant's request for grand jury transcripts because he failed to demonstrate a particularized need for them.
• Kendall v. Army Bd. for Corr. of Mil. Records
  996 F.2d 362· D.C. Cir.· 1993-06-25
  The majority improperly affirmed the Army Board for Correction of Military Records' (ABCMR) decision to deny Mr. Kendall's application as untimely without adequate reasoned explanation.
• United States v. Vasquez
  995 F.2d 40· 5th Cir.· 1993-06-23
  The district court did not abuse its discretion in disqualifying defense counsel due to a serious potential for conflict of interest.
• United States v. Booth
  996 F.2d 1395· 2d Cir.· 1993-06-22
  The court affirmed the defendant's sentence, finding no merit in his challenges to the Sentencing Guidelines enhancements for abuse of trust and obstruction of justice, and the denial of a further reduction for acceptance of responsibility.
• Jones v. Thompson
  996 F.2d 261· 10th Cir.· 1993-06-22
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' case with prejudice as a sanction for repeated noncompliance with court orders and failure to prosecute.
• Cooper v. Delo
  997 F.2d 376· 8th Cir.· 1993-06-21
  The court held that the district court did not abuse its discretion in dismissing the retaliation and mail claims as frivolous, nor did it err in granting summary judgment for the defendant on the access to courts claim.
• Fed. Deposit Ins. Corp. v. Fuller
  994 F.2d 223· 5th Cir.· 1993-06-21
  The court held that laches is not a defense to a legal claim for debt, and the district court did not err in denying prejudgment interest when the jury likely rejected the FDIC's proof of interest.
• United States v. Brenton Neil Mullins
  992 F.2d 1472· 9th Cir.· 1993-06-21
  The court affirmed convictions for mail and wire fraud, but vacated and remanded one sentence due to a mathematical error in calculation.
• Frye v. Dist. 1199, the Health Care & Soc. Servs. Union, Serv. Emps. Int'l Union, AFL-CIO
  996 F.2d 141· 6th Cir.· 1993-06-21
  The district court has the authority under NLRA Section 10(j) to grant relief beyond that specifically requested by the NLRB regional director, and the limitations imposed on picketing were justified by the circumstances.
• In re Jakov Bulic
  997 F.2d 299· 7th Cir.· 1993-06-21
  The court held that the district court did not abuse its discretion in dismissing the appeal due to procedural defects, and that the bankruptcy court's dismissal of the Chapter 11 case was also appropriate.
• Sweeney v. Bane
  996 F.2d 1384· 2d Cir.· 1993-06-17
  The court held that the state's implementation of a Medicaid co-payment scheme, including its notices and procedures for identifying exemptions and inability to pay, was lawful and did not violate federal law or due process rights.
• Fraige v. American-National Water-Mattress Corp.
  996 F.2d 295· Fed. Cir.· 1993-06-17
  The court held that the district court abused its discretion in denying the motion to set aside the judgment of patent invalidity because the denial was based on clear factual and legal errors regarding the impact of fraud on the trial.
• Fed. Election Comm'n v. Political Contributions Data, Inc.
  995 F.2d 383· 2d Cir.· 1993-06-17
  The court held that a prior panel's determination that the government's position was unreasonable is binding on the issue of substantial justification for EAJA fees.
• Lyddon v. Geothermal Props., Inc.
  996 F.2d 212· 9th Cir.· 1993-06-17
  The court held that attorney's fees and costs incurred in calculating sanctions on remand and for a separate cross-appeal are not recoverable under Rule 38.
• Borengasser v. The Ark. State Bd. OF Educ.
  996 F.2d 196· 8th Cir.· 1993-06-15
  The court held that the district court abused its discretion in denying attorney's fees and costs to the prevailing parents, as the school district's good faith and the parents' counsel's failure to initiate settlement discussions were not sufficient special circumstances to just
• Lang Fong Pritchett v. Immigr. & Naturalization Serv.
  993 F.2d 80· 5th Cir.· 1993-06-14
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying a motion to reopen deportation proceedings based on a marriage entered into during those proceedings, as this practice is now disfavored under recent immigration legislation.
• Russ v. Perrill
  995 F.2d 1001· 10th Cir.· 1993-06-10
  The failure to provide a timely early termination hearing under the Youth Corrections Act does not divest the Parole Commission of jurisdiction to revoke parole for subsequent violations, nor does the decision to return a parole violator to prison constitute an abuse of discretio
• United States v. Gil Narvaez and Viki Crump-Smith
  995 F.2d 759· 7th Cir.· 1993-06-09
  The court affirmed both convictions, holding that Narvaez's sentence was properly calculated based on the entire conspiracy loss and that Crump-Smith's restitution order was not an abuse of discretion.
• United States v. Hofer
  995 F.2d 746· 7th Cir.· 1993-06-09
  The court affirmed the conviction and sentence, holding that the district court did not abuse its discretion in allowing tape recordings into the jury room and did not err in enhancing the sentence for obstruction of justice.
• In re Cisneros v. United States
  994 F.2d 1462· 9th Cir.· 1993-06-08
  A bankruptcy court may vacate a discharge order entered due to a mistake of fact under Federal Rule of Civil Procedure 60(b), made applicable by Bankruptcy Rule 9024, even if the mistake originated with the trustee, provided the motion is filed within a reasonable time.
• Thirumalaiswamy Chettiar v. Dep't of Prof'l Reg.
  619 So. 2d 28· Fla. 3d DCA· 1993-06-08
• United States v. Price
  995 F.2d 729· 7th Cir.· 1993-06-08
  The court held that the exclusion of expert testimony was not an abuse of discretion and, even if it were, the error was harmless due to overwhelming evidence of guilt.
• United States v. Williams
  996 F.2d 231· 10th Cir.· 1993-06-08
  The court held that the district court did not abuse its discretion in ordering restitution, as it considered the relevant statutory factors and found an objectively reasonable possibility of payment.
• United States v. Woods
  995 F.2d 713· 7th Cir.· 1993-06-07
  The court affirmed the conviction, holding that the district court did not abuse its discretion in denying a suppression hearing or a continuance, and that sufficient evidence supported the firearm conviction.
• Forest Conservation Council v. Devlin
  994 F.2d 709· 9th Cir.· 1993-06-04
  A party seeking attorneys' fees under the Equal Access to Justice Act must demonstrate that the lawsuit was a material factor or played a catalytic role in achieving the desired result.
• Ashe v. Corley
  992 F.2d 540· 5th Cir.· 1993-06-04
  The court held that the district court did not abuse its discretion in denying leave to amend, but erred in granting summary judgment on the RICO claims due to the county's failure to meet its initial burden and on the section 1983 claims due to the Supreme Court's rejection of a
• Martin v. Laidlaw Tree Serv., Inc.
  619 So. 2d 435· Fla. 2d DCA· 1993-06-04
  John Martin sought certiorari review of a circuit court order dismissing his personal injury action against Laidlaw Tree Service and requiring him to pay $7,164 in sanctions prior to filing an amended complaint. The appellate court reversed, holding that the trial court abused it
• Evans v. City OF Chicago
  995 F.2d 1393· 7th Cir.· 1993-06-03
  The court held that a consent decree based on an overruled decision should be vacated, as the underlying legal basis no longer exists and the parties did not settle the merits of the case.
• United States v. Payan
  992 F.2d 1387· 5th Cir.· 1993-05-31
  The court held that convictions for conspiracy and substantive offenses of transporting stolen goods are permissible, and that a codefendant's out-of-court statement implicating the defendant only by contextual implication does not violate Bruton, and that witness sequestration a
• United States v. Higgins
  995 F.2d 1· 1st Cir.· 1993-05-28
  The court held that the district court did not abuse its discretion in denying the defendant's request for in camera disclosure of a confidential informant's identity.
• United States v. Carty
  993 F.2d 1005· 1st Cir.· 1993-05-28 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in denying the motion to suppress evidence seized under a warrant, nor in restricting cross-examination, nor in admitting 'other act' evidence at trial.
• United States v. Holsey
  995 F.2d 960· 10th Cir.· 1993-05-28
  The court held that the district court did not err in refusing to allow testimony regarding a dissociative state and in refusing to instruct the jury on the insanity defense, nor did it err in refusing to depart downward from the sentencing guidelines.
• Info. Sys. & Networks Corp. v. The United States
  994 F.2d 792· Fed. Cir.· 1993-05-25
  The court held that the Claims Court abused its discretion in denying ISN's motion for relief from default judgment because ISN's failure to file an answer was due to excusable neglect, not culpable conduct.
• William A. Lester for the Bankrupt Estate of Daniel E. Harper v. Resolution Tr. Corp. for Arlington Heights Fed. Sav. & Loan Ass'n
  994 F.2d 1247· 7th Cir.· 1993-05-24
  The court held that the lender's obligation to fund the loan never matured because the borrower failed to satisfy conditions precedent, and therefore, there was no breach of contract.
• Garth Maag v. Wessler
  993 F.2d 718· 9th Cir.· 1993-05-24
  The court held that a district court is not required to articulate specific reasons for denying attorney fees to a prevailing defendant under 42 U.S.C. § 1988, and that the law of the case doctrine did not compel an award in this instance.
• United States v. Easley
  994 F.2d 1241· 7th Cir.· 1993-05-21 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the prosecutor's comment likening the defendant's defense to 'plea bargaining' with the jury, while potentially improper, did not prejudice the defendant's right to a fair trial, especially given the court's curative instruction. The court also held that the e
• In re Harlow FAY, Inc. v. Fed. Land Bank OF ST. Louis
  993 F.2d 1351· 8th Cir.· 1993-05-21
  The court held that the district court did not abuse its discretion in dismissing the debtor's appeal for failure to establish excusable neglect in filing its brief.
• Ellis Singletary v. Mary Kendra Lewis, M.D.
  619 So. 2d 351· Fla. 1st DCA· 1993-05-21
  On remand from a prior appeal, the trial court conducted juror interviews to investigate allegations of juror misconduct based on concealment at voir dire and racial bias. The appellate court affirmed the trial court's finding that no juror misconduct occurred, holding that ambig
• United States v. Myers
  993 F.2d 713· 9th Cir.· 1993-05-21
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea and properly sentenced the defendant.
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• Cotto v. United States
  993 F.2d 274· 1st Cir.· 1993-05-19
  A motion under Federal Rule of Civil Procedure 60(b)(6) cannot be used to circumvent the one-year time limit for motions based on excusable neglect or to revive a missed appeal, absent extraordinary circumstances.
• McCORMICK v. W. Ky. Navigation Inc.
  993 F.2d 568· 6th Cir.· 1993-05-19
  The court held that docket congestion and judge shortages alone do not constitute exceptional circumstances justifying a reference to a special master over a party's objection.
• INB Banking Co. v. Iron Peddlers
  993 F.2d 1291· 7th Cir.· 1993-05-19
  A district court's decision to preclude evidence via a motion in limine is reviewed for abuse of discretion, and the exclusion of evidence regarding unjust enrichment or waiver was not an abuse of discretion in a conversion action.
• United States v. Gatto
  995 F.2d 449· 3d Cir.· 1993-05-18
  The court held that evidence of a defendant's courtroom conduct, including intimidating looks at a witness and the presence of an associate, is admissible under Federal Rule of Evidence 404(b) to show consciousness of guilt, and prosecutorial comments on such evidence are permiss
• United States v. Wynne
  993 F.2d 760· 10th Cir.· 1993-05-18 ·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant's statements were voluntary and not the product of custodial interrogation, and that the denial of continuances and other claims were without merit.
• Sec. & Exch. Comm'n v. van Waeyenberghe
  990 F.2d 845· 5th Cir.· 1993-05-17
  The court held that the district court abused its discretion by sealing the final order of permanent injunction and the transcript of proceedings without balancing the public's common law right of access against the interests favoring nondisclosure.
• Emeterio Rodriguez-Rivera v. Immigr. & Naturalization Serv.
  993 F.2d 169· 8th Cir.· 1993-05-14
  The court affirmed the BIA's dismissal of the petitioner's application for a waiver of inadmissibility, finding no abuse of discretion.
• MAY v. Ark. Forestry Comm'n
  993 F.2d 632· 8th Cir.· 1993-05-14 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the Tenth Amendment does not bar the FLSA's application to state employees and that the exclusion of a DOL stipulation was not an abuse of discretion.
• United States v. Shanton Hunter
  993 F.2d 127· 6th Cir.· 1993-05-13
  The court held that while the district court failed to properly apply the sentencing guidelines, the sentence imposed should be affirmed because the required analysis was impracticable given the lack of information about the prior state conviction.