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

• United States v. Marx
  991 F.2d 1369· 8th Cir.· 1993-03-18 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction and sentence, finding sufficient evidence for the charges and no errors in jury instructions, evidence rulings, sentencing enhancements, or responses to jury questions.
• Schellenbach v. Sec. & Exch. Comm'n
  989 F.2d 907· 7th Cir.· 1993-03-17
  The court affirmed the SEC's sanctions, finding no evidence of conspiracy and holding that the motives of NASD staff are irrelevant due to the SEC's independent review.
• Jones v. Winnepesaukee Realty
  990 F.2d 1· 1st Cir.· 1993-03-12
  The court affirmed the district court's judgment on the counterclaim, awards of attorneys' fees, and sanctions, finding no cognizable error in the proceedings.
• Stewart v. Gates
  987 F.2d 1450· 9th Cir.· 1993-03-12
  The court held that the district court abused its discretion in awarding attorney fees under 42 U.S.C. § 1988 due to insufficient findings regarding reasonable hours and rates, and improper fee enhancement.
• United States v. Kenneth A. Weiner (91-1551) & Steven M. Lewin (91-1582)
  988 F.2d 629· 6th Cir.· 1993-03-11 ·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not err in admitting evidence of Weiner's cooperation with the FBI, the results of polygraph examinations, and in denying severance motions, affirming the convictions.
• United States v. Thomas
  987 F.2d 1298· 7th Cir.· 1993-03-09
  The court held that admitting a witness's prior inconsistent grand jury testimony as substantive evidence did not violate due process, nor did admitting the sawed-off shotgun or instructing the jury on constructive possession.
• Westinghouse Credit Corp. v. Thompson
  987 F.2d 682· 10th Cir.· 1993-03-08
  The court held that the district court had discretion to remand pendent state law claims even while retaining jurisdiction over federal RICO claims, and that this discretion was not abused.
• Dierdre M. Sherer v. Construcciones Aeronauticas, S.A.
  987 F.2d 1246· 6th Cir.· 1993-03-02
• Dayton Hudson Dep't Store Co. v. Nat'l Labor Relations Bd.
  987 F.2d 359· 6th Cir.· 1993-03-01
  The court should strictly adhere to the Midland National Life rule requiring proof of forgery to set aside elections.
• United States v. Stevens
  986 F.2d 283· 8th Cir.· 1993-02-24
  The court held that a trial court must adequately develop the record regarding the reasons for non-payment of restitution before revoking probation, especially when the probationer claims inability to pay.
• United States v. Cole
  988 F.2d 681· 7th Cir.· 1993-02-24
  The court held that the district court did not abuse its discretion in denying the defendant's motions for withdrawal of counsel, continuance, and appointed counsel, nor did it err in calculating the sentence under the Sentencing Guidelines.
• Lenard Handsel v. Handsel
  614 So. 2d 631· Fla. 3d DCA· 1993-02-23
• Sorkis Sanders-El v. Det. Wencewicz
  987 F.2d 483· 8th Cir.· 1993-02-23
  The trial court did not abuse its discretion in denying the motion for a mistrial.
• United States v. Fid. & Deposit Co. OF Md.
  986 F.2d 1110· 7th Cir.· 1993-02-23
  The court affirmed the district court's judgment, holding that res judicata did not bar Treat's claim, the award for Change Order AD was not clearly erroneous, the opinion testimony was admissible, and attorneys' fees were properly awarded for bad faith litigation.
• United States v. Toledo
  985 F.2d 1462· 10th Cir.· 1993-02-19
  The court held that the trial court's jury instructions on kidnapping were not plain error, the admission of expert testimony was not plain error, and the sentencing court did not err in failing to resolve a dispute regarding acceptance of responsibility.
• Wade v. Hopper
  993 F.2d 1246· 7th Cir.· 1993-02-17
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint, properly dismissed the RICO and Bivens claims, and correctly applied res judicata to bar the unreasonable search claim.
• United States v. Terrell
  983 F.2d 653· 5th Cir.· 1993-02-17
  The court held that the district court did not abuse its discretion in forfeiting the appearance bond because the bond's terms encompassed violations of conditions of release, including travel restrictions and drug possession.
• Masiello v. Weeks
  613 So. 2d 146· Fla. 2d DCA· 1993-02-17
• United States v. Reed
  986 F.2d 191· 7th Cir.· 1993-02-17
  The court held that a new trial is not warranted when the allegedly false testimony was not materially false and the jury's verdict would not likely have changed even if the testimony had been fully accurate.
• Carter v. Gen. Motors Corp. & Eaton Corp.
  983 F.2d 40· 5th Cir.· 1993-02-08
  An appeal of a costs award is timely if filed within thirty days of the clerk taxing the costs, and federal procedural rules, not state substantive law, govern the award of costs in diversity cases.
• United States v. Craig
  985 F.2d 175· 4th Cir.· 1993-02-08
  The court held that the defendant failed to show a "fair and just reason" for withdrawing his guilty plea, as alleged ineffectiveness of counsel was not of constitutional magnitude and not a 'but-for' cause of the plea.
• United States v. Gomez-Benabe
  985 F.2d 607· 1st Cir.· 1993-02-05
  The court held that the defendant waived his right to challenge the admission of pretrial identification evidence by failing to file a timely motion to suppress before trial, and the trial court did not abuse its discretion in denying relief from this waiver.
• Acewicz v. U.S. Immigr. & Naturalization Serv.
  984 F.2d 1056· 9th Cir.· 1993-02-04
  The Board of Immigration Appeals did not abuse its discretion in taking administrative notice of Poland's changed political climate and denying asylum and withholding of deportation, as petitioners had an opportunity to rebut the noticed facts and failed to establish a well-found
• United States v. Alvarado
  985 F.2d 15· 1st Cir.· 1993-02-04 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction and sentence, finding sufficient evidence for the charges, no abuse of discretion in evidentiary rulings, no prejudice from nondisclosure of polygraph results, no impermissible variance, and no clear error in the sentencing enhancement.
• Zdenka Chnapkova v. Kong S. KOH, M.D.
  985 F.2d 79· 2d Cir.· 1993-02-03
  The court held that the exclusion of hospital records and evidence of failure to file tax returns was prejudicially erroneous, requiring a new trial.
• Sterling v. United States
  985 F.2d 411· 8th Cir.· 1993-02-03
  The court held that a dismissal without prejudice for failure to prosecute, which effectively bars refiling due to a statute of limitations, should be reviewed with the same standard as a dismissal with prejudice. The court reversed and remanded for an evidentiary hearing.
• The Harold Wash. Party v. The Cook Cnty.
  984 F.2d 875· 7th Cir.· 1993-01-29
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
• United States v. Shecham Lafayette
  983 F.2d 1102· D.C. Cir.· 1993-01-29
  The court held that the District Court did not abuse its discretion or misapply the law in denying appellants' motions for a new trial based on alleged newly discovered evidence from police personnel files.
• United States v. Ford
  986 F.2d 57· 4th Cir.· 1993-01-29
  The court held that a variance in an indictment that goes to form, not substance, does not violate a defendant's constitutional rights if the defendant is adequately informed of the charges and protected against double jeopardy. The court also held that allowing the government to
• United States v. Miller
  984 F.2d 1028· 9th Cir.· 1993-01-28
  The court affirmed the conviction, holding that the defendant's confession was voluntary and the denial of his mid-trial motion to suppress wiretap evidence was not an abuse of discretion.
• United States v. Nazarenus
  983 F.2d 1480· 8th Cir.· 1993-01-27
  The court held that the defendant's speedy trial rights were not violated, the trial court did not abuse its discretion in jury selection, the stipulation regarding Indian country was sufficient, and evidentiary rulings and jury instructions were either not erroneous or constitut
• United States v. Rogers
  984 F.2d 314· 9th Cir.· 1993-01-22
  The court held that a Rule 11 violation for failing to inform a defendant of the possibility of restitution does not automatically require vacating the plea, and the district court should have the discretion to resentence without restitution or allow withdrawal of the plea.
• United States v. Cole
  984 F.2d 221· 7th Cir.· 1993-01-22
  The court held that the Hobbs Act is violated when a person solicits a kickback, even if the money used to pay the kickback is supplied by the FBI. The court also held that new evidence must be material and not merely impeaching to warrant a new trial.
• United States v. U.T. Alexander
  981 F.2d 250· 5th Cir.· 1993-01-21
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the appellant's cross-claim had plausible legal and factual support and was not filed in bad faith.
• Gartrell v. R.S. Gaylor
  981 F.2d 254· 5th Cir.· 1993-01-21
  The court held that the district court abused its discretion by dismissing the inmate's § 1983 claims as frivolous, as the inmate presented a colorable claim for tolling of the statute of limitations due to exhaustion of administrative remedies and a potentially arguable claim re
• In re Terex Corp. v. Metro. Life Ins. Co.
  984 F.2d 170· 6th Cir.· 1993-01-20
  The court held that the bankruptcy court did not err in awarding interest on unpaid post-petition insurance premiums, as the award was an equitable exercise of power to ensure the claim received its value as of the plan's effective date.
• Miller v. Bittner
  985 F.2d 935· 8th Cir.· 1993-01-19
  The court held that the district court did not abuse its discretion in denying sanctions under Federal Rule of Civil Procedure 11 against the plaintiff and his attorneys, as they reasonably relied on information provided to them.
• Little v. Yeutter
  984 F.2d 160· 6th Cir.· 1993-01-19
  The court held that the district court abused its discretion by dismissing the case for failure to prosecute, as there was no clear record of delay or contumacious conduct by the plaintiff.
• Katz v. Batavia Marine & Sporting Supplies, Inc.
  984 F.2d 422· Fed. Cir.· 1993-01-19
  The court held that the district court did not abuse its discretion in quashing a subpoena for discovery from a non-party, as the requesting party failed to demonstrate a substantial need for the broad range of information sought.
• Sorensen v. City OF Aurora
  984 F.2d 349· 10th Cir.· 1993-01-19
  The court affirmed the district court's findings, holding that the plaintiff failed to prove intentional discrimination or that the City's reasons for termination were pretextual, and that the district court did not abuse its discretion in evidentiary rulings.
• United States v. Clark
  984 F.2d 31· 2d Cir.· 1993-01-15
  A motion to reconsider a Section 2255 ruling is available, treated as Rule 59(e) if filed within 10 days and Rule 60(b) if filed thereafter, with the latter reviewed for abuse of discretion.
• B.H. v. Murphy
  984 F.2d 196· 7th Cir.· 1993-01-14
  The appeal is dismissed for lack of jurisdiction because the appeal of the intervention denial was untimely and the appellant lacks standing to challenge the consent decree.
• Lindy PEN Co., Inc. v. BIC PEN Corp.
  982 F.2d 1400· 9th Cir.· 1993-01-14
  The court affirmed the district court's denial of an accounting of profits and damages, finding no abuse of discretion, and denied Bic's cross-appeal.
• Bart Schwartz v. Cap. Liquidators, Inc.
  984 F.2d 53· 2d Cir.· 1993-01-13
  The court affirmed the district court's judgment and order, finding no basis for reversal on the plaintiff's claims of conversion, breach of contract, denial of a new trial, or that the verdict was against the weight of the evidence.
• Harlan v. James S. Lewis, M.D.
  982 F.2d 1255· 8th Cir.· 1993-01-12
  The court affirmed the district court's interpretation of Arkansas Rule of Evidence 503, but only as it affected the issue on appeal, and concurred in the imposition of sanctions on other grounds.
• Parker v. Fort Worth Police Dep't
  980 F.2d 1023· 5th Cir.· 1993-01-12
  The district court abused its discretion by dismissing the false arrest and unlawful detention claims as frivolous based on an erroneous legal conclusion that they should have been brought as a habeas corpus petition.
• Franklin v. Thornton
  983 F.2d 939· 9th Cir.· 1993-01-11 ·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the participant's written consent was required for a lump sum distribution of her pension plan interest, and her August 2, 1988 letter did not constitute valid consent.
• Pease v. Pakhoed Corp.
  980 F.2d 995· 5th Cir.· 1993-01-11
  The court held that the plaintiff's Rule 60(b) motion was properly denied because he failed to demonstrate a meritorious cause of action by not specifying the criminal laws he was asked to violate. The court also affirmed the denial of sanctions, finding the plaintiff's arguments
• Thomas v. Bible
  983 F.2d 152· 9th Cir.· 1993-01-07
  The majority erred in holding that the law of the case prohibited the district court from awarding attorney's fees, as the prior appellate decision on fees was discretionary and did not establish law of the case for the district court.
• Morris v. Bridgestone/Firestone, Inc.
  985 F.2d 238· 6th Cir.· 1993-01-07
  The court held that the district court did not abuse its discretion in awarding attorney fees and costs under 28 U.S.C. § 1447(c) following an improper removal.