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. Royal N. Hardage
  982 F.2d 1491· 10th Cir.· 1993-01-06
  The court held that a district court abused its discretion by enforcing a settlement agreement without an evidentiary hearing when material facts regarding its formation were in dispute, and that a premature notice of appeal can be cured by a belated Rule 54(b) certification obta
• Golnay Barge Co. v. M/T Shinoussa
  980 F.2d 349· 5th Cir.· 1993-01-06
  The court held that the district court abused its discretion by denying motions for leave to file late claims without applying the established equitable criteria.
• Koss v. Louis W. Sullivan, M.D.
  982 F.2d 1226· 8th Cir.· 1993-01-05
  The court held that the district court did not abuse its discretion in denying attorney's fees under the Equal Access to Justice Act because the government's actions were substantially justified.
• Williams v. Rice
  983 F.2d 177· 10th Cir.· 1993-01-04 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that summary judgment for the employer was proper because the plaintiff failed to exhaust administrative remedies for his discrimination claim and did not establish a prima facie case of retaliation.
• Moreno-Ortiz v. United States
  983 F.2d 15· 2d Cir.· 1993-01-04
  The court held that an affidavit from a witness in Colombia, without the witness appearing for cross-examination, is insufficient to justify a hearing on a motion to reconsider a habeas corpus petition, even if it alleges prosecutorial intimidation.
• Ira Peter Ziegler v. Klein
  609 So. 2d 781· Fla. 4th DCA· 1992-12-30
• United States v. Burge
  990 F.2d 244· 6th Cir.· 1992-12-28 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge did not err in limiting the scope of cross-examination of a government agent, refusing to instruct the jury on certain defenses, or in finding sufficient evidence to support the conviction.
• Taino Lines, Inc. v. M/V Constance PAN Atlantic
  982 F.2d 20· 1st Cir.· 1992-12-23
  The court affirmed the district court's award of full custodia legis expenses, finding no abuse of discretion in denying equitable relief or in foregoing a hearing.
• United States v. August
  984 F.2d 705· 6th Cir.· 1992-12-23
  The court affirmed the conviction and sentence, finding no merit in the defendant's numerous challenges, including claims of ineffective assistance of counsel, non-unanimous verdict, improper handling of jury notes, evidentiary rulings, insufficient evidence, and sentencing error
• United States v. Warren
  982 F.2d 287· 8th Cir.· 1992-12-22
  The court held that the district court did not abuse its discretion in conducting voir dire by excusing the jury panel before peremptory challenges were made, and the defendant failed to show prejudice.
• In re Burnley
  988 F.2d 1· 4th Cir.· 1992-12-22
  The court held that it lacked jurisdiction to review the initial order imposing a pre-filing review system because the appeal was not timely filed, and affirmed the denial of the motion to modify that system, finding no abuse of discretion.
• Sec. & Exch. Comm'n v. First Houston Cap. Res. Fund, Inc.
  979 F.2d 380· 5th Cir.· 1992-12-21
  A default judgment entered as a sanction for a pro se defendant's failure to attend a pretrial conference is vacated because the defendant's conduct was not contumacious and the court failed to consider lesser sanctions.
• United States v. Doyle
  981 F.2d 591· 1st Cir.· 1992-12-16
  A defendant may not withdraw a guilty plea based on a mistaken belief that the government would ensure the sealing of proceedings, especially when the plea agreement explicitly states no other promises were made and the defendant waited seven months after learning of a leak to se
• United States v. Spencer
  981 F.2d 1083· 9th Cir.· 1992-12-16
  The court held that the district court did not abuse its discretion in excluding evidence of another individual's arrest and gun possession, nor did it err in denying the motion to suppress or in its comments to the jury.
• Yousef Nazakat v. Immigr. & Naturalization Serv.
  981 F.2d 1146· 10th Cir.· 1992-12-15
  The Board of Immigration Appeals' summary dismissal of an appeal for failure to specify adequate reasons is not an abuse of discretion, even for a pro se litigant.
• United States v. Tinker
  985 F.2d 241· 6th Cir.· 1992-12-15 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court's holding, as dictated by precedent, is that Michigan law fails to substantially restore civil rights to felons, thus subjecting them to federal firearm prohibitions. However, the concurring judge disagrees with this interpretation.
• Gaylon Hofer v. Mack Trucks, Inc.
  981 F.2d 377· 8th Cir.· 1992-12-14
  The court held that the district court did not err in its discovery, evidentiary, or jury instruction rulings, nor in its denial of a new trial based on closing arguments. The judgment of the district court is affirmed.
• United States v. Lacey
  982 F.2d 410· 10th Cir.· 1992-12-14
  The court held that res judicata does not bar the government from proceeding against a surety after obtaining a judgment against the principal, and that the Federal Rules of Civil Procedure do not apply to bond forfeiture proceedings under Federal Rule of Criminal Procedure 46(e)
• King v. Davis
  980 F.2d 1236· 8th Cir.· 1992-12-08
  The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
• Pembina Treaty Comm. v. Manual Lujan
  980 F.2d 543· 8th Cir.· 1992-12-04
  The court held that the tribe was an indispensable party, and because the tribe is immune from suit and cannot be joined, the entire complaint must be dismissed.
• Still's Pharmacy v. Cuomo
  981 F.2d 632· 2d Cir.· 1992-12-04
  The court held that the district court did not err in modifying the settlement order to change the method for calculating generic drug prices, but did err in modifying the method for other drugs and in denying an increase in the dispensing fee.
• Dawson v. Wal-Mart Stores, Inc.
  978 F.2d 205· 5th Cir.· 1992-11-27
  The court affirmed the denial of the plaintiff's motions for judgment notwithstanding the verdict or a new trial, finding the jury's verdict for the defendant was supported by the evidence and that challenges to jury selection were untimely.
• United States v. Allie
  978 F.2d 1401· 5th Cir.· 1992-11-25
  The court held that the district court did not err in permitting the government to depose material witnesses under Fed.R.Crim.P. 15(a) and 18 U.S.C. § 3144, nor in admitting the depositions and hearsay evidence at trial, nor in providing a supplemental jury instruction.
• United States v. Piche
  981 F.2d 706· 4th Cir.· 1992-11-25
  The court affirmed Lloyd Piche's conviction but vacated his sentence due to insufficient findings on restitution ability and improper guideline departure.
• Parker v. Carpenter
  978 F.2d 190· 5th Cir.· 1992-11-20
  The court held that the district court abused its discretion by dismissing the pro se plaintiff's § 1983 action without sufficient factual development, as the claims of retaliation and inadequate medical care had an arguable basis in law and fact.
• Mattoon v. City OF Pittsfield
  980 F.2d 1· 1st Cir.· 1992-11-20 ·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the Safe Drinking Water Act (SDWA) preempts federal common law nuisance and section 1983 claims, and that citizen suits under the SDWA require allegations of an ongoing violation, not merely past harm.
• Moss v. Seeley Feldmeyer, M.D.
  979 F.2d 1454· 10th Cir.· 1992-11-19
  The court held that the trial court did not abuse its discretion in allowing additional expert testimony, admitting evidence of drug use, or admitting hearsay statements related to the physician-patient relationship, and therefore affirmed the denial of the motion for judgment no
• Peerless Indus. Paint Coatings Co. v. Canam Steel Corp.
  979 F.2d 685· 8th Cir.· 1992-11-18
  The court affirmed the district court's Rule 11 sanctions and dismissal with prejudice, finding the appeal frivolous and awarding damages.
• In re Gioioso v. Gioioso
  979 F.2d 956· 3d Cir.· 1992-11-16
  The court held that the bankruptcy court abused its discretion by failing to articulate its reasons for not invoking its inherent sanctioning powers when sanctions were potentially warranted.
• Lorain NAACP v. Lorain Bd. OF Educ.
  979 F.2d 1141· 6th Cir.· 1992-11-12
  The court held that a district court cannot modify a consent decree to substantially increase a party's financial obligations over their objection and without an adjudication or admission of wrongdoing, especially when the decree explicitly limits liability and waives adjudicatio
• Isa Abdullah Ramadan Shabazz
  980 F.2d 1333· 10th Cir.· 1992-11-09
  The court held that the district court abused its discretion by weighing disputed facts when dismissing the plaintiff's retaliation claim as frivolous under 28 U.S.C. § 1915(d).
• United States v. Greener
  979 F.2d 517· 7th Cir.· 1992-11-06
  The court held that the district court did not abuse its discretion in rejecting two plea agreements that did not adequately represent the defendant's criminal conduct.
• Valentin Quinones-Pacheco v. Am. Airlines, Inc.
  979 F.2d 1· 1st Cir.· 1992-11-04
  The court held that the jury's finding of no damages was supported by the evidence and that the exclusion of the economist's testimony was proper due to lack of foundation.
• United States v. Drapeau
  978 F.2d 1072· 8th Cir.· 1992-11-04
  The court held that the district court did not abuse its discretion in granting the government a continuance for DNA testing, and thus the Speedy Trial Act was not violated.
• Hickey's Carting Inc. v. United States Env't Prot. Agency
  978 F.2d 66· 2d Cir.· 1992-10-29
  The court held that the district court did not err in denying judicial review or in upholding the EPA's administrative order and penalty, as Hickey failed to respond to notices and its mitigation efforts did not warrant a penalty reduction.
• Babakitis v. Off. OF Pers. Mgmt.
  978 F.2d 693· Fed. Cir.· 1992-10-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the petitioner's civil service retirement annuity properly included his initial military service credit because his military disability pension was not based on that period of service, thus no overpayment occurred.
• Shine v. Owens-Illinois, Inc.
  979 F.2d 93· 7th Cir.· 1992-10-28
  The court held that the district court did not abuse its discretion in barring untimely product identification disclosures under Fed. R. Civ. P. 37 and properly granted summary judgment.
• United States v. Sanders
  979 F.2d 87· 7th Cir.· 1992-10-28
  The court held that the trial court did not abuse its discretion in admitting prior bad act evidence and testimony regarding an attorney's communication, and that the defendant's arguments regarding sentencing were waived or without merit.
• Sandberg v. Va. Bankshares, Inc.
  979 F.2d 332· 4th Cir.· 1992-10-21
  The court held that the Sandberg Plaintiffs timely raised exceptions to the Virginia statutory damage cap for directors, and that the jury's finding of a violation of Rule 14a-9, based on conscious disregard of whether the proxy statement contained misrepresentations, satisfied t
• Ingram v. Acands, Inc.
  977 F.2d 1332· 9th Cir.· 1992-10-21
  The court held that minute orders denying post-trial motions, when properly entered and noticed, can trigger the appeal period, even if a subsequent written order is filed. The court also affirmed jury verdicts in asbestos exposure cases, finding substantial evidence for causatio
• United States v. Anderson
  976 F.2d 927· 5th Cir.· 1992-10-21 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in admitting extrinsic evidence of prior fires under Rule 404(b) after conducting the required Beechum analysis.
• Diamond D Enters. USA, Inc. v. Steinsvaag
  979 F.2d 14· 2d Cir.· 1992-10-21
  The court held that a district court did not abuse its discretion by ordering a new trial limited to damages when liability was clear and there were no indicia of jury compromise, and that the award of attorney's fees was reasonable under the contract.
• United States v. Haimes (In Re Haimes)
  146 B.R. 298· S.D. Fla.· 1992-10-19
  The court held that the bankruptcy court erred in granting a directed verdict for discharge and in denying the motion to amend the complaint.
• Payne v. Sullivan
  977 F.2d 900· 4th Cir.· 1992-10-16
  The court held that the district court's order awarding attorney's fees under the EAJA must be vacated and remanded because it is unclear whether the court properly considered the request for an inflation adjustment to the hourly rate.
• W.L. Gore & Assocs., Inc. v. C.R. Bard, Inc.
  977 F.2d 558· Fed. Cir.· 1992-10-14
  The court affirms the district court's denial of a motion to modify a consent decree, finding that the decree's injunction against infringement does not bar the current testing procedures.
• Haley v. Dep't OF the Treas.
  977 F.2d 553· Fed. Cir.· 1992-10-13 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Administrative Judge's decision dismissing the petitioner's claim for corrective action and finding lack of jurisdiction was supported by substantial evidence and not arbitrary or capricious.
• Foster v. Major James Eberle
  978 F.2d 1014· 8th Cir.· 1992-10-09
  The court held that the district court did not abuse its discretion in dismissing the case for failure to obey court orders.
• Gracia v. LEE
  976 F.2d 1344· 10th Cir.· 1992-10-06
  The court held that the district court did not abuse its discretion in excluding excerpts from a discovery deposition.
• Campbell v. Bartlett
  975 F.2d 1569· 10th Cir.· 1992-10-06 ·via Manifest Abuse Of Discretion
  The court affirmed the judgment, holding that service by posting at the sister's residence was valid and satisfied due process, and that the ICC endorsement negated the insurer's cooperation defense.
• Est. OF Edgar A. Berg v. Commissioner OF Internal Revenue
  976 F.2d 1163· 8th Cir.· 1992-10-05
  The court affirmed the Tax Court's determination of the estate tax deficiency based on stock valuation discounts but reversed the imposition of the section 6660 addition to tax.