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. Booker
  952 F.2d 247· 9th Cir.· 1991-12-11
  The court held that the district court did not err in denying the motion to suppress evidence obtained during a search and in denying the motion to exclude a transcript of a recorded conversation.
• Jennings
  948 F.2d 194· 5th Cir.· 1991-12-10
  The Fifth Circuit held that the district court abused its discretion by improperly calculating the least severe sanction under Rule 11, based on erroneous findings regarding notice and the point at which fees should be limited.
• Mirax Chem. Prods. Corp. v. First Interstate Commercial Corp.
  950 F.2d 566· 8th Cir.· 1991-12-06
  A loan agreement provision allowing termination at will, even with specified events of default, is not ambiguous and does not preclude the lender from exercising that right. Actions specifically authorized by the agreement cannot constitute a breach of the duty of good faith.
• Allison v. Madigan
  951 F.2d 869· 8th Cir.· 1991-12-06 ·via Abuse Of Agency Discretion
  The court held that the Farmers Home Administration's (FmHA) new administrative offset regulations sufficiently cured any due process or statutory violations caused by the old regulations, and the guidelines provided to county supervisors were not arbitrary or capricious.
• Shakur Abdullah v. Gunter
  949 F.2d 1032· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion by denying appointed counsel for the plaintiff's First Amendment claim, but affirmed summary judgment on the due process and equal protection claims.
• Royal D. Ross v. Soc. Sec. Admin.
  949 F.2d 1021· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion in dismissing the pro se complaint as frivolous under 28 U.S.C. § 1915(d) because the patient's claims had an arguable basis in law and fact.
• Bernita Tramonte v. Fibreboard Corp.
  947 F.2d 762· 5th Cir.· 1991-11-21
  The district court did not abuse its discretion in excluding deposition testimony as rebuttal evidence because it did not contradict testimony on direct examination or serve as proper impeachment.
• Te-Moak Bands OF Western Shoshone Indians OF Nevada v. The United States
  948 F.2d 1258· Fed. Cir.· 1991-11-07 ·via Abuse Of Discretion Standard On Appeal
  The court held that the Claims Court abused its discretion by allowing the late filing of water claims under Fed.R.Civ.P. 15(a) due to undue delay and the possibility of earlier amendment.
• United States v. Alexander
  948 F.2d 1002· 6th Cir.· 1991-11-04
  The court held that the district court did not abuse its discretion in denying the defendant's motion to vacate his guilty plea and reopen the suppression hearing.
• Amarin Plastics, Inc. v. Md. CUP Corp.
  946 F.2d 147· 1st Cir.· 1991-10-08
  The court held that the jury verdict was supported by substantial evidence and that the trial court did not err in its evidentiary rulings or in denying continuances.
• Merlin Downie v. Indep. Drivers Ass'n Pension Plan
  945 F.2d 1171· 10th Cir.· 1991-10-02
  The court affirmed the district court's denial of attorney fees, finding no clear error in its judgment after weighing relevant factors.
• Stringer-El v. Crispus C. NIX
  945 F.2d 1015· 8th Cir.· 1991-09-20
  The court affirmed the preliminary injunction, bound by precedent despite disagreement.
• United States v. Winchester Mun. Utils.
  944 F.2d 301· 6th Cir.· 1991-09-19
  The court held that the district court abused its discretion in awarding attorney fees to the utility because the government's pursuit of civil penalties was substantially justified.
• R.B. Matthews, Inc. v. Transamerica Transp. Servs., Inc.
  945 F.2d 269· 9th Cir.· 1991-09-19
  The court held that the trial court did not err in finding a breach of contract for failure to use best efforts, but erred in its calculation of damages.
• The Conair Grp., Inc. v. Automatik Apparate-Maschinenbau GMBH
  944 F.2d 862· Fed. Cir.· 1991-09-11
  The court held that the district court erred in granting a preliminary injunction because it seriously misjudged the evidence regarding literal infringement and committed an error of law regarding infringement under the doctrine of equivalents, failing to make adequate findings.
• United States v. Thomas
  945 F.2d 328· 10th Cir.· 1991-09-11
  The court held that the trial court did not err in accepting a stipulation regarding a witness's prior conviction, in sustaining a prosecutor's objection during closing argument, or in allowing the jury to rehear testimony. The court also found no basis to review the admission of
• Rinehart v. Wedge
  943 F.2d 1158· 9th Cir.· 1991-09-11
  The court held that the district court did not abuse its discretion in granting a new trial because the process of recalculating the verdict and polling the jury was flawed, potentially coercing the verdict. The court also found that objections regarding jury influence were not w
• United States v. ONE Bell JET Ranger II Helicopter
  943 F.2d 1121· 9th Cir.· 1991-09-03
  The court held that the district court did not abuse its discretion in denying forfeiture of the helicopter, affirming the denial on that ground.
• Fuchs v. Lifetime Doors, Inc.
  939 F.2d 1275· 5th Cir.· 1991-08-30
• In re Abijoe Realty Corp.
  943 F.2d 121· 1st Cir.· 1991-08-29
  The court held that a creditor holding a disputed judgment claim has standing to request dismissal of a Chapter 11 case, and that the debtor waived claims of judicial bias and due process violations due to procedural defaults.
• United States v. Young
  943 F.2d 24· 7th Cir.· 1991-08-27 ·via Abuse Of Discretion Standard For Continuance
  The court held that the district court did not abuse its discretion in denying the defendant's motions for continuance, and that his other arguments regarding proof, disclosure, and sentencing were without merit.
• Chicarelli v. Umwa Health & Ret. Funds
  943 F.2d 457· 4th Cir.· 1991-08-22
• United States v. Freeman
  942 F.2d 480· 8th Cir.· 1991-08-12 ·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the decision in United States v. Streeter, which mandated the use of actual weight for sentencing purposes, did not constitute newly discovered evidence or new law applicable to the admissibility of evidence at trial for convictions.
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  941 F.2d 667· 8th Cir.· 1991-08-08 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court vacated the district court's judgment and remanded the case because a subsequent amendment to the Swampbuster Act provided an explicit good-faith exemption, which applied retroactively.
• United States v. Cohen
  946 F.2d 430· 6th Cir.· 1991-08-06
  The court held that sufficient evidence supported the conviction, the consent judgment was admissible, and the sentence enhancements and valuation were not clearly erroneous.
• United States v. Wade
  940 F.2d 1375· 10th Cir.· 1991-08-05
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Brunswick v. Washer
  584 So. 2d 104· Fla. 4th DCA· 1991-07-31
• Storment v. O'Malley
  938 F.2d 86· 7th Cir.· 1991-07-30
  The district court did not abuse its discretion in abstaining from hearing the federal eavesdropping claim because the plaintiff had an adequate opportunity to raise the federal issue in the ongoing state disciplinary proceedings.
• United States v. Stormer
  938 F.2d 759· 7th Cir.· 1991-07-29
  The court held that the district court did not abuse its discretion in admitting police officers' lay opinion testimony identifying the defendant in surveillance photographs, nor in denying the motion to exclude such testimony under Rule 403.
• Hill v. Xyquad, Inc.
  939 F.2d 627· 8th Cir.· 1991-07-29
  The court held that the district court abused its discretion in granting a preliminary injunction because it failed to adequately balance the harms, and reversed the bond order due to insufficient findings.
• Kilburn v. United States
  938 F.2d 666· 6th Cir.· 1991-07-15
  The court held that the district court did not abuse its discretion by adopting the government's proposed findings of fact and conclusions of law, and its factual findings were not clearly erroneous.
• Mid-Tech Consulting, Inc. v. Swendra
  938 F.2d 885· 8th Cir.· 1991-07-11
  A creditor seeking to revoke a bankruptcy discharge must have known facts indicating possible fraud before discharge; a reasonable factual inquiry is sufficient to avoid sanctions under Bankruptcy Rule 9011, even if that inquiry does not prevent dismissal of the underlying claim.
• IGO v. Coachmen Indus.
  938 F.2d 650· 6th Cir.· 1991-07-10
  The court reversed the jury verdict because of pervasive attorney misconduct and insufficient evidence to support claims for emotional injury and motor home damage under Ohio law.
• United States v. Prince
  938 F.2d 1092· 10th Cir.· 1991-07-09 ·via Abuse Of Discretion Standard On Appeal
  The court held that the trial judge did not abuse his discretion in refusing to order a second mental competency examination for the defendant.
• Tatman v. Collins
  938 F.2d 509· 4th Cir.· 1991-07-09
  The court held that the district court did not abuse its discretion in excluding expert testimony regarding proximate causation, as it would have been unfairly prejudicial and lacked sufficient evidentiary support.
• Carmine Esposito v. Immigr. & Naturalization Serv.
  936 F.2d 911· 7th Cir.· 1991-07-03
  The Board of Immigration Appeals did not abuse its discretion in denying an alien's request for a waiver of exclusion and deportation, considering his in absentia convictions and pending criminal charges.
• Val-Land Farms, Inc. v. Third Nat'l Bank IN Knoxville
  937 F.2d 1110· 6th Cir.· 1991-07-02
  The court held that honoring overdrafts does not constitute a representation of solvency, and a bank is not a 'dealer' under PACA merely by lending money. Rule 11 sanctions were appropriate for the frivolous PACA claim but not for the colorable common law claim.
• United States v. Atherton
  936 F.2d 728· 2d Cir.· 1991-06-26
  The dissenting judge would have remanded the case, finding the district court's determination of exigent circumstances to be clearly erroneous, but acknowledging the evidence might still be admissible.
• Morteza Seyed Tarvand v. U.S. Immigr. & Naturalization Serv.
  937 F.2d 973· 4th Cir.· 1991-06-26
  The court held that the asylum issue was not properly before the Board of Immigration Appeals (BIA) and therefore could not be considered by the court on appeal.
• Chrysler Cap. Corp. v. Lavender
  934 F.2d 290· 11th Cir.· 1991-06-24
  The court held that the jury's finding of unreasonable refusal to consent to a sublease was supported by evidence, but the finding of intentional interference with contractual relations was not supported by evidence of intent or damages.
• Oiciyapi Fed. Credit Union v. Nat'l Credit Union Admin.
  936 F.2d 1007· 8th Cir.· 1991-06-21
  The court held that the NCUA Board's decision to suspend Oiciyapi's charter and liquidate it was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• United States v. Norris
  937 F.2d 286· 6th Cir.· 1991-06-21
  The court held that the district court did not abuse its discretion in ordering the bank to allow restoration of the wetlands, as the bank's 'innocent purchaser' argument was unavailing.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.
• United States v. Rodrigo
  934 F.2d 595· 5th Cir.· 1991-06-12
  The court held that the trial judge did not abuse discretion in excluding evidence of Sri Lankan ignorance of cocaine, there was sufficient evidence for conviction, and the prosecutor's comment was an invited response.
• Woerner v. United States Small Bus. Admin.
  934 F.2d 1275· D.C. Cir.· 1991-06-04
  The court held that the trial court did not abuse its discretion in denying HCR's requested equitable relief of an extended term in the SBA's 8(a) program, as the denial was based on a balancing of the equities.
• United States v. Bayshore Assocs., Inc.
  934 F.2d 1389· 6th Cir.· 1991-05-30
  The court held that the "permanent injunction" was a preliminary injunction, that the TRO extended by stipulation became a preliminary injunction, and that the April 12 contempt order's fine was criminal, while the incarceration was civil.
• Dikun v. John Crane-Houdaille, Inc.
  581 So. 2d 910· Fla. 4th DCA· 1991-05-29
• McGHEE v. Sanilac Cnty. & Sanilac Cnty. Sheriff Dep't
  934 F.2d 89· 6th Cir.· 1991-05-23
  The court held that the district court abused its discretion in denying Rule 11 sanctions for the defamation claim, as it was not well-grounded in fact or law, but did not abuse its discretion regarding the false light claim.
• Happy Chef Sys., Inc. v. John Hancock Mut. Life Ins. Co.
  933 F.2d 1433· 8th Cir.· 1991-05-22
  The court held that appellants were entitled to prejudgment interest from the date they filed their motion for supplemental relief, not from the date of the initial declaratory judgment, and that postjudgment interest should begin from the date of the damages judgment. The court
• Mills v. Damson OIL Corp.
  931 F.2d 346· 5th Cir.· 1991-05-21 ·via Abuse Of Discretion Standard For Discovery Rulings
  The court affirmed the summary judgment for the defendant on fraud and conversion claims, and the bench trial judgment for recovery of erroneously-made payments, finding no genuine issue of material fact and no error in the proceedings.