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. Cobb
  975 F.2d 152· 5th Cir.· 1992-10-05
  The court held that the district court did not err in accepting the prosecutor's race-neutral explanations for peremptory strikes, in authorizing a warrantless search under a Texas statute, in dismissing an indictment without prejudice under the Speedy Trial Act, or in denying a
• White v. Gen. Motors Corp.
  977 F.2d 499· 10th Cir.· 1992-09-30
  The court affirmed the district court's $50,000 sanction against attorney Caranchini, finding no abuse of discretion in the determination of the predicate conduct, reasonableness of fees, or the amount of the sanction.
• Decker v. Louis W. Sullivan, M.D.
  976 F.2d 456· 8th Cir.· 1992-09-29
  The court held that while work on a duplicative administrative application is generally not compensable under EAJA, the district court erred by reducing the fee award based on a faulty premise that such hours were included in the initial award.
• United States v. Appleby
  975 F.2d 1384· 8th Cir.· 1992-09-25
  The court is obligated to affirm the sentence imposed by the district court.
• United States v. Mauricio Rueben and Gerardo Guerra
  974 F.2d 580· 5th Cir.· 1992-09-24
  The court held that the district court abused its discretion by revoking the pretrial detention order for defendants charged with drug offenses, as the evidence did not support a finding that they were not flight risks or dangers to the community.
• Wildmon v. Berwick Universal Pictures
  983 F.2d 21· 5th Cir.· 1992-09-22
  The court held that the district court abused its discretion by granting a stay and injunction pending appeal, as the plaintiffs failed to demonstrate a serious legal question or a heavy balance of equities in their favor.
• Bolivar v. Pocklington
  975 F.2d 28· 1st Cir.· 1992-09-21
  A voluntary dismissal under Rule 41(a)(1) does not divest the district court of jurisdiction to impose sanctions under Rule 11 or 28 U.S.C. § 1927, and the court did not abuse its discretion in imposing sanctions for filing a meritless action on behalf of a shareholder when the c
• Sneider v. Sneider
  605 So. 2d 168· Fla. 2d DCA· 1992-09-16
  The court held that the trial court did not abuse its discretion in awarding rehabilitative alimony to the ex-wife to support her business and in assigning marital debt to the husband.
• United States v. Colon
  975 F.2d 128· 4th Cir.· 1992-09-15
  The court held that the district court abused its discretion by denying the government's motion for a brief continuance to locate a key witness, and this denial prejudiced the government's case.
• Hastings v. Boston Mut. Life Ins. Co.
  975 F.2d 506· 8th Cir.· 1992-09-15
• Denardo v. Municipality OF Anchorage
  974 F.2d 1200· 9th Cir.· 1992-09-10
  A judge's membership in a bar association sued, or a party's letter opposing the judge's nomination, does not require recusal. Repeated litigation of the same claim is barred by res judicata.
• Grossheim v. Freightliner Corp.
  974 F.2d 745· 6th Cir.· 1992-09-10
  The court held that the trial judge did not abuse his discretion in declaring a mistrial due to juror uncertainty about the verdict's unanimity, and that no reversible error occurred in the subsequent trial.
• United States v. Pina
  974 F.2d 1241· 10th Cir.· 1992-09-09
  The court held that amending an indictment mid-trial to correct a typographical error was a substantive change that prejudiced the defendant, justifying dismissal with prejudice, and that the denial of recross-examination was not an abuse of discretion.
• Waltz v. Cnty. OF Lycoming
  974 F.2d 387· 3d Cir.· 1992-09-04
• Hondo OIL & GAS Co. v. Tex. Crude Operator, Inc.
  970 F.2d 1433· 5th Cir.· 1992-09-03
  The court held that the operating agreements were modified by the parties' conduct, and that Texas Crude's withholding of Hondo's payments was a breach, but the statute of limitations did not bar Texas Crude's full recovery from ARCO.
• Huston v. Ladner
  973 F.2d 1564· Fed. Cir.· 1992-09-01
  The court held that the Board of Patent Appeals and Interferences did not abuse its discretion in refusing to consider additional evidence submitted by Huston because he failed to show good cause for not presenting it earlier. Ignorance of the rules or attorney negligence does no
• S. Fred Everett, M.D. v. ST. Ansgar Hosp.
  974 F.2d 77· 8th Cir.· 1992-09-01
  The court affirmed summary judgment for all defendants, finding no abuse of discretion in the venue change and no genuine issue of material fact regarding breach of contract or tort claims against the hospital, particularly due to the plaintiff's waiver of claims absent bad faith
• Watson v. Lowcountry RED Cross
  974 F.2d 482· 4th Cir.· 1992-08-28
  The court did not decide the existence or extent of a donor's privacy rights regarding diseases transmitted by blood.
• United States v. Hanley
  974 F.2d 14· 4th Cir.· 1992-08-28
  The court held that the district court did not abuse its discretion in denying a motion to withdraw counsel and that a jury instruction error did not constitute plain error.
• Vidal Rodriguez v. Anderson
  973 F.2d 550· 7th Cir.· 1992-08-26
  The court held that the trial court did not abuse its discretion in its evidentiary rulings, and affirmed the judgment.
• Jones v. Frank
  973 F.2d 872· 10th Cir.· 1992-08-26
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to properly serve the United States within the 120-day period.
• United States v. Domingo Ramirez, Jr.
  973 F.2d 36· 1st Cir.· 1992-08-21
  The court held that the district court did not abuse its discretion in dismissing the indictment with prejudice for a Speedy Trial Act violation, as it properly considered the statutory factors.
• Coakley & Williams Constr. v. Structural Concrete Equip.
  973 F.2d 349· 4th Cir.· 1992-08-21
  The court held that the district court did not err in granting summary judgment without a hearing, and that the prior settlement agreement and release barred the current claims.
• Ibrahim Dende Borokinni v. United States Immigr. & Naturalization Serv.
  974 F.2d 442· 4th Cir.· 1992-08-19
  The Board of Immigration Appeals (BIA) did not abuse its discretion in denying a motion to reopen deportation proceedings where the alien attained the required residency period through a frivolous appeal.
• Carroll Childers v. Pumping Sys., Inc.
  968 F.2d 565· 5th Cir.· 1992-08-19
  The court held that there was no material breach of the Royalty Compensation Agreement, but the agreement is ambiguous regarding royalty calculation, requiring remand for determination of the parties' intent. The court also affirmed the district court's procedural rulings.
• United States v. Ward
  989 F.2d 1015· 9th Cir.· 1992-08-19
  The district court did not abuse its discretion in failing to provide a customized oath for the defendant.
• United States v. Ludwig
  972 F.2d 948· 8th Cir.· 1992-08-14
  A defendant cannot withdraw guilty pleas based on a misunderstanding of sentencing guideline calculations when no specific promise was made by the government and the defendant was aware of maximum penalties.
• Arachnid, Inc. v. Medalist Mktg. Corp.
  972 F.2d 1300· Fed. Cir.· 1992-08-14
  The court affirmed the district court's judgment, holding that Arachnid waived its argument regarding inconsistent jury verdicts on the WCPA claim by failing to raise it below, and that substantial evidence supported the jury's findings on patent infringement and validity.
• Justice v. Carter
  972 F.2d 951· 8th Cir.· 1992-08-14 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the jury instruction on Chapter 11 plan feasibility was proper, evidentiary rulings were not abuses of discretion, and the denial of additional time to identify emotional distress experts was correct under state law.
• State Farm Mut. Auto. Ins. Co. v. Marshall and Donna Gage
  603 So. 2d 669· Fla. 4th DCA· 1992-08-12
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Bailey v. Daniel
  967 F.2d 178· 5th Cir.· 1992-08-04
  The court held that the trial court did not err in denying damages for mental anguish and grief based on subjective complaints, but did err in calculating costs.
• Polsby v. Chase
  970 F.2d 1360· 4th Cir.· 1992-07-29 ·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that a former employee cannot bring a Title VII retaliation claim against a former employer for post-employment actions, and that Polsby's allegations did not support a RICO claim.
• Brigette Karin Johnson v. Immigr. & Naturalization Serv.
  971 F.2d 340· 9th Cir.· 1992-07-29
  The court should not deport an alien based on inadmissible evidence submitted by their attorney for a different purpose.
• Nat'l Bank OF Ark. IN N. Little Rock v. Parks
  970 F.2d 480· 8th Cir.· 1992-07-23
  The court held that the district court's factual findings and the appellate record were insufficient to support the imposition of Rule 11 sanctions against the attorney, requiring a remand.
• TSO v. Delaney
  969 F.2d 373· 7th Cir.· 1992-07-22
  The court held that attorney neglect alone does not constitute good cause for failing to properly serve process within the required time, but that the $250,000 damage limit under Wis. Stat. § 345.05 applies to claims arising from negligent operation of a municipal motor vehicle,
• Valley Citizens FOR A Safe Env't v. Aldridge
  969 F.2d 1315· 1st Cir.· 1992-07-20
  The court held that the plaintiff failed to demonstrate exceptional circumstances justifying reopening a prior judgment under Rule 60(b)(6) based on newly discovered information about the agency's calculation methods.
• United States v. Carter
  973 F.2d 1509· 10th Cir.· 1992-07-20
  The court held that the trial court did not err in its evidentiary rulings or jury instructions, and the ex parte communication with the jury, while constitutional error, was harmless.
• Rayes v. Johnson
  969 F.2d 700· 8th Cir.· 1992-07-15
  The court held that the district court abused its discretion by denying the plaintiff's requests for substitute counsel, as the circumstances warranted appointment.
• FOX v. Commissioner OF Internal Revenue
  969 F.2d 951· 10th Cir.· 1992-07-15
  The Tax Court did not err in dismissing the taxpayer's petitions for failure to state a claim, sustaining the Commissioner's determinations of deficiencies, or imposing sanctions under 26 U.S.C. § 6673.
• Scott G. Kranz and IMG v. Levan
  602 So. 2d 668· Fla. 3d DCA· 1992-07-14
  The Florida appellate court affirmed the trial court's decision to strike plaintiffs' pleadings and enter final judgment for defendants based on plaintiffs' willful, deliberate, and flagrant violations of seven discovery orders over a three-year period. The court held that such s
• United States v. Evonna Victoria Johnson
  968 F.2d 765· 8th Cir.· 1992-07-10
  The court held that the district court did not abuse its discretion in excluding evidence related to an officer's suspension and a co-defendant's potential penalty, nor in excluding evidence of a motive for police to testify falsely.
• Mahlberg v. Mentzer
  968 F.2d 772· 8th Cir.· 1992-07-10
  The court held that an arrest warrant is not required when probable cause to arrest is discovered during the execution of a lawful search warrant in the suspect's home, and that the district court did not abuse its discretion in denying a new trial or in its pre-trial ruling on t
• Dicks v. Dutton
  969 F.2d 207· 6th Cir.· 1992-07-09
  The court held that the district court abused its discretion by denying attorney fees without a hearing, given contradictory factual assertions and the prior vacating of the dismissal of the habeas petition.
• Stein v. Louis W. Sullivan, M.D.
  966 F.2d 317· 7th Cir.· 1992-07-08
  The court held that the district court did not abuse its discretion in partially denying the plaintiff's claim for attorney fees under the Equal Access to Justice Act, as the government's position was substantially justified.
• Walitalo v. Iacocca
  968 F.2d 741· 8th Cir.· 1992-07-07
  The court held that the district court erred in awarding attorneys' fees based on a percentage of recovery and remanded for a lodestar calculation, but affirmed the apportionment of liability for those fees.
• Saxon v. Blann
  968 F.2d 676· 8th Cir.· 1992-07-01
  The court affirmed the district court's judgment, finding no error in its rulings on copyright infringement, forfeiture, breach of contract, fraud, and disqualification.
• O'Banion v. Owens-Corning Fiberglas Corp. & the Celotex Corp.
  968 F.2d 1011· 10th Cir.· 1992-06-30
  The court held that the exclusion of cancer evidence was proper without a showing of reasonable medical probability, and while admitting former testimony without a finding of unavailability was an abuse of discretion, it was not prejudicial. The state of the art jury instruction
• United States v. Hovig Marearian
  967 F.2d 1098· 6th Cir.· 1992-06-24 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting rebuttal testimony, nor in failing to appoint an interpreter sua sponte, and that the sentencing issues raised were without merit.
• Tashima v. Admin. Off. OF The United States Courts
  967 F.2d 1264· 9th Cir.· 1992-06-19
  The Administrative Office (AO) must authorize payment for private counsel for a federal judge sued in their official capacity when government attorneys are unavailable, and cannot deny this based on the judge's litigation strategy or disagreement with the judge's views.
• United States v. Ryan
  969 F.2d 238· 7th Cir.· 1992-06-17 ·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the district court did not abuse its discretion in admitting computer print-outs of tax records and that the Paperwork Reduction Act did not apply to the defendant's failure to file tax returns.