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. Tsosie
  966 F.2d 1357· 10th Cir.· 1992-06-12
  Dismissal of an indictment without prejudice under the Speedy Trial Act is not a final decision and is not appealable under the collateral order doctrine.
• Davis v. Burlington Indus.
  966 F.2d 890· 4th Cir.· 1992-06-08
  The court held that amendments to a retirement plan that delayed the payment of vested benefits to "same-desk" employees violated ERISA's anti-cutback provision, as the pre-amendment plan clearly entitled these employees to immediate payment upon termination from the original emp
• Hayes Williams v. McKEITHEN
  963 F.2d 70· 5th Cir.· 1992-06-04
  The court held that the district court did not abuse its discretion in denying the motion to vacate the order directing an expert to inspect parish jails for compliance with a consent decree.
• Bethphage Lutheran Serv., Inc. v. Lowell P. Weicker, Jr.
  965 F.2d 1239· 2d Cir.· 1992-06-02
  The court held that the district court did not abuse its discretion in abstaining under the Burford doctrine, finding that federal review would disrupt state efforts to establish a coherent policy regarding Medicaid reimbursement rates.
• United States v. Martin
  964 F.2d 714· 7th Cir.· 1992-05-21
  The court held that requiring a defendant to stand trial in prison garb was harmless error beyond a reasonable doubt on this record.
• In re Robbins v. Robbins
  964 F.2d 342· 4th Cir.· 1992-05-19
  The court held that the bankruptcy court did not abuse its discretion in lifting the automatic stay to allow Florida state courts to conclude equitable distribution proceedings.
• United States v. Mohammad Taghipour
  964 F.2d 908· 9th Cir.· 1992-05-15
  The court held that allowing unredacted transcripts into evidence and the jury room, and denying discovery of unrelated audio tapes, did not constitute an abuse of discretion.
• Metro. Pittsburgh Crusade FOR Voters v. City OF Pittsburgh
  964 F.2d 244· 3d Cir.· 1992-05-14
  The court held that the district court applied an incorrect legal standard by requiring the lawsuit to be the "proximate cause" of the election reform, rather than a "material contributing factor." The court affirmed the denial of a risk enhancement for attorneys' fees.
• Georgios Vlassis v. Immigr. & Naturalization Serv.
  963 F.2d 547· 2d Cir.· 1992-05-13
  The court held that the denial of a motion for a stay of deportation is not a final order reviewable by a court of appeals, and even if the order were treated as a denial of a motion to reopen, the petition for review lacked merit.
• Bennie Figures, Jr. v. Bd. OF Pub. Utils. OF the City OF Kan. City
  967 F.2d 357· 10th Cir.· 1992-05-07
  The court held that the district court did not err in excluding evidence, granting directed verdicts, or dismissing the Consent Decree claim, and affirmed the denial of attorney's fees.
• Ferdik v. Bonzelet
  963 F.2d 1258· 9th Cir.· 1992-05-07
  The court held that dismissing a pro se prisoner's civil rights action for failing to remove 'et al' from the caption was an abuse of discretion.
• Devore v. Comm'r OF Internal Revenue Serv.
  963 F.2d 280· 9th Cir.· 1992-05-06
  The court held that the Tax Court's denial of motions to vacate deficiency judgments should be reversed and remanded for an evidentiary hearing to determine if Devore was prejudiced by his former counsel's conflict of interest.
• O'Connell v. Rabin
  596 So. 2d 1299· Fla. 3d DCA· 1992-05-05
• United States v. Perez
  963 F.2d 314· 10th Cir.· 1992-05-05
  The court held that the district court did not abuse its discretion in excluding hearsay testimony offered to exculpate the defendant, as the declarant's unavailability was not sufficiently shown and there was a lack of corroborating circumstances.
• United States v. Smith
  964 F.2d 885· 9th Cir.· 1992-05-04
  The court held that a district court's summary denial of a Rule 35 motion for sentence reduction is not an abuse of discretion if no specific circumstances require a detailed explanation.
• DWG Corp. v. Granada Invs., Inc.
  962 F.2d 1201· 6th Cir.· 1992-04-30
  The court held that a district court's silence on a motion for costs and attorney fees, when granting a voluntary dismissal, prevents appellate review of its discretionary judgment.
• Michael and Harrise Yaron v. Twp. OF Northampton
  963 F.2d 33· 3d Cir.· 1992-04-30
  The Third Circuit held that its prior denial of attorney's fees for appellate services precluded the district court from awarding fees for the same services, and that a remand to apportion fees between plaintiffs and their counsel was not warranted.
• Moises Derechin v. State Univ. OF NEW York
  963 F.2d 513· 2d Cir.· 1992-04-28
  A district court may, within its sound discretion, impose Rule 11 sanctions on an attorney without the possibility of reimbursement from any source, including employer indemnification, to further the rule's deterrent purpose.
• Martin v. Trinity Indus., Inc.
  959 F.2d 45· 5th Cir.· 1992-04-24
  The court held that while the defendants were properly found in contempt for interfering with an OSHA inspection warrant, the district court's order compelling them to require employees to wear testing equipment exceeded the Secretary of Labor's authority.
• Diaz v. Romer
  961 F.2d 1508· 10th Cir.· 1992-04-20
  The court held that the district court had jurisdiction over the HIV policy, did not err in creating subclasses or awarding attorney's fees, and did not abuse its discretion in compelling discovery and awarding associated fees.
• United States v. The State OF Miss.
  958 F.2d 112· 5th Cir.· 1992-04-15
  The court held that the Association failed to establish a right to intervene, either statutorily, mandatorily, or permissively, under Federal Rules of Civil Procedure 24(a) and (b).
• Earle A. Partington v. Joseph Gedan & Howard T. Chang
  961 F.2d 852· 9th Cir.· 1992-04-14
  The court affirmed the district court's decisions, finding the claims non-justiciable due to mootness, immunity, Rooker-Feldman, Younger abstention, or failure to state a federal constitutional deprivation.
• Atraqchi v. Fed. Bureau OF Investigation
  959 F.2d 740· 8th Cir.· 1992-04-01
  The court held that the district court did not abuse its discretion in denying the motion to vacate judgment.
• Britt v. Whitmire
  956 F.2d 509· 5th Cir.· 1992-03-31
  The court held that it lacked jurisdiction because the appellant failed to file a timely notice of appeal and the district court abused its discretion in allowing an untimely amended notice.
• United States v. Ervin Jahue Blevins
  960 F.2d 1252· 4th Cir.· 1992-03-31
  The introduction of testimony that six non-testifying co-defendants pleaded guilty constituted error, but this error was harmless beyond a reasonable doubt.
• Richmark Corp. v. Timber Falling Consultants
  959 F.2d 1468· 9th Cir.· 1992-03-30
  PRC secrecy laws do not excuse a foreign corporation subject to U.S. jurisdiction from complying with U.S. discovery orders, especially when the corporation could avoid hardship by posting a supersedeas bond or paying the judgment.
• United States v. Griebe
  959 F.2d 714· 8th Cir.· 1992-03-23
  The court held that the district court did not err in calculating the defendant's criminal history score and did not abuse its discretion in ordering the federal sentence to run consecutively to the state sentence.
• Knowlton v. Greenwood Indep. Sch. Dist.
  957 F.2d 1172· 5th Cir.· 1992-03-20
  The court held that the cafeteria workers' speech was not of public concern, reversing the First Amendment claim. It affirmed the FLSA and Whistle Blower Act liability but remanded for a new damages trial on the latter.
• Garet H. Danvers v. Danvers
  959 F.2d 601· 6th Cir.· 1992-03-17
  The court held that the district court did not abuse its discretion in awarding sanctions under Rule 11, but did abuse its discretion by awarding the full amount of attorney fees without considering the mitigation factor.
• Porrata v. Gonzalez-Rivera
  958 F.2d 6· 1st Cir.· 1992-03-04
  The court held that the Secretary of Sports and Recreation was properly held in contempt for violating a consent decree by failing to rehire an employee based on seniority, implicitly requiring good faith adherence to the seniority system.
• Elpidio Oliva v. Sullivan
  958 F.2d 272· 9th Cir.· 1992-03-03
  The district court did not abuse its discretion in dismissing the case for lack of prosecution.
• Fed. Deposit Ins. Corp. v. Daily
  973 F.2d 1525· 10th Cir.· 1992-03-03
  The court held that the district court did not abuse its discretion in entering a default judgment against Daily for failing to comply with discovery demands and court orders, and that the FSLIC was entitled to the judgment.
• United States v. Groover
  957 F.2d 796· 10th Cir.· 1992-02-26
  The court affirmed the conviction, holding that the trial court did not err in its rulings on prosecutorial misconduct, admission of evidence, multiplicity of counts, or exclusion of evidence.
• First Gen. Res. Co. v. Elton Leather Corp.
  958 F.2d 204· 8th Cir.· 1992-02-26
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for a pattern of intentional delay and failure to comply with discovery orders.
• Woods v. Union Pac. R.R. Co.
  957 F.2d 548· 8th Cir.· 1992-02-21
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice due to a clear record of delay and failure to prosecute.
• United States v. Clack
  957 F.2d 659· 9th Cir.· 1992-02-20
  The court held that the district court improperly delegated the determination of the restitution amount to the probation office by failing to deduct the value of recovered goods.
• Lines v. State
  594 So. 2d 322· Fla. 1st DCA· 1992-02-14
  A trial court did not abuse its discretion in denying a motion to withdraw a nolo contendere plea where, although the defendant alleged his counsel failed to advise him of a possible insanity defense, he presented no evidence that he was incompetent at the time of the offense or
• Kasib Tauheed Bilal v. Kaplan
  956 F.2d 856· 8th Cir.· 1992-02-12
  The court held that the district court did not abuse its discretion in denying the appellant's Rule 60(b) motion for relief from judgment.
• Scheidt v. Klein
  956 F.2d 963· 10th Cir.· 1992-02-11
  The court held that the district court did not abuse its discretion in denying motions for a change of venue, that the fraud and breach of contract claims were supported by sufficient evidence, and that the jury instructions and punitive damages award were proper.
• Industrion, Inc. v. Hialeah Indus., Inc.
  593 So. 2d 596· Fla. 3d DCA· 1992-02-11
  The court held that the trial court did not abuse its discretion in approving the settlement agreement.
• United States v. Collin Taplin, Jr.
  954 F.2d 1256· 6th Cir.· 1992-01-29
  The court held that the defendant had a meaningful opportunity and motive to cross-examine the witness whose prior testimony was admitted, and therefore, admitting the testimony did not violate the Sixth Amendment.
• Orlett v. Cincinnati Microwave, Inc.
  954 F.2d 414· 6th Cir.· 1992-01-23
  The court held that the district court erred in its analysis and application of Rule 11 sanctions by using a legally unsupported theory and failing to adequately consider non-monetary sanctions.
• United States v. Lovaglia
  954 F.2d 811· 2d Cir.· 1992-01-22 ·via Abuse Of Discretion Standard On Appeal
  The court held that the district judge did not abuse his discretion in refusing to recuse himself, as his past relationships with alleged victims were remote and not outcome-determinative, and that the government did not breach the plea agreement by including relevant information
• Mendyk v. State
  592 So. 2d 1076· Fla.· 1992-01-02 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  Todd Mendyk appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus following his conviction for first-degree murder, kidnapping, and sexual battery, and subsequent death sentence. The Florida Supr
• United States v. Gentry E. McKINNEY
  952 F.2d 333· 9th Cir.· 1991-12-27
  The court held that evidence of juror misconduct discovered after deliberations but before the verdict is received is not 'newly discovered evidence' under Rule 33, making the motion untimely if not filed within seven days of the verdict.
• Johnson v. Dick Busby
  953 F.2d 349· 8th Cir.· 1991-12-24
  The court held that the trial court did not abuse its discretion in excluding certain evidence, denying a request to reopen the case, and in its jury instructions regarding serious medical needs.
• BMG Music v. Edmundo Perez
  952 F.2d 318· 9th Cir.· 1991-12-24
  The court held that importing and selling copyrighted works manufactured abroad, even if acquired lawfully abroad, infringes copyright and is not protected by the first sale doctrine. The court also affirmed the contempt finding and sanctions.
• United States v. Wardlow
  951 F.2d 1115· 9th Cir.· 1991-12-19
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing or reconsideration of the suppression motion, but the sentence must be vacated and remanded for resentencing under the Sentencing Guidelines.
• Delbert T. Gauer v. Connors
  953 F.2d 97· 4th Cir.· 1991-12-18
  The court held that the Trustees did not abuse their discretion in denying Gauer's pension benefits, as their interpretation of the plan was consistent with ERISA regulations.
• Michelson v. Commissioner OF Internal Revenue
  951 F.2d 288· 10th Cir.· 1991-12-18
  The Tax Court's findings that the appellant was an investor and not a dealer, and that certain losses were capital losses, were not clearly erroneous, and the exclusion of a prior court opinion was not an abuse of discretion.