Sentences with phrase «abuse of discretion»
The phrase "abuse of discretion" means that someone in a position of authority has made a decision that goes beyond what is considered reasonable or fair. In other words, they have misused their power or authority by making a bad or unfair decision. Full definition
The appeals court has held that division of marital property is within the sound discretion of the trial court, which means the only way to reverse is for abuse of discretion.
indianainjuryandfamilylawyerblog.com
Given the «typical case» characterization of the trial judge and the deferential abuse of discretion standard of review, the appellant court perceived the lower court could have reasoned that the hourly rate was too high or number of hours claimed excessive for a case which was not extraordinary in nature.
The $ 159,148.84 fee award to HOA did not surmount the deferential abuse of discretion review standard.
This decision does establish that a failure to show frivolity means there was a failure to show an improper purpose, with the appellate court adjudicating this issue de novo (as opposed to the more deferential abuse of discretion standard which is generally hard to surmount on appeal).
I actually thought Gribergs, skimming through it, was not really applying abuse of discretion, but I think the Seventh Circuit was here.
After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant's deposition, and refusal of jury instructions tendered by the plaintiff.
«The lawsuit charges that the city violated its own policies and procedures in rejecting landmark status and exhibited «an arbitrary and capricious abuse of discretion and contrary to decades of administrative precedent,»» the site states.
A return to garden variety abuse of discretion would bring us back to the pre-SRA standard, which is not what Booker envisions.
Reasonableness review = abuse of discretion +, despite Stevens» long digression on the Koon, etc...
The Arizona Court of Appeals added that to change a previous custody order, the family court must determine that there has been a material change in circumstances affecting the welfare of the child and they will not disturb the family court's decision without a clear abuse of discretion.
Absent egregious abuse of discretion or a substantial and unexpected change in circumstances, no party may request a judicial review of the appointment within the first six months of the appointment.
Although the next case could be viewed as just a simple abuse of discretion case, it actually discusses some interesting tensions between federal and state cases on the specificity of reasoning that must be given by a trial judge when ruling on an attorney's fees request.
Non-dog neighbors brought a malicious prosecution and abuse of discretion suit against dog - owning neighbors and their litigation attorney, with the attorney settling with non-dog neighbors for a pretrial amount of $ 17,500 and non-dog owners «lighting» up their neighbors with an award of $ 305,106.04 in economic damages (consisting of attorneys fees paid by non-dog owners to their counsel in the prior proceedings and malicious prosecution suit) and $ 25,000 in economic damages.
[2a] No abuse of discretion appears.
Highmark Decided That Appellate Courts Should Review All Aspects of a Section 285 Fee Determination for Abuse of Discretion.
The problem was that plaintiff could not surmount the deferential abuse of discretion standard applicable to gauging reasonableness.
The state of Alaska and the Alaskan Oil and Gas Association correctly challenged the «threatened» designation as an «arbitrary, capricious abuse of discretion, or otherwise not in accordance with law».
MYSTERY # 1 Answer: Isn't the presumption - on - appeal just another way of saying that abuse of discretion review applies — per Stevens — and that sentencing within the guidelines is presumptively a reasoned exercise of discretion, given all the reasoning behind the guidelines, at least where all the proper procedural steps were taken by the district court at sentencing?
Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule — there must be an indication that the trial court actually did exercise discretion.
In Abuse of Discretion, the latest book lobbed at the unsteady edifice of Roe v. Wade, Clarke D. Forsythe turns to the Supreme Court justices» private notes and memos from 1971 to 1973 in order to «solve the puzzle» of the court's legalization of abortion on demand.
Where the imposition of discipline is not fair or consistent, an abuse of discretion has occurred.
The lawsuit charges that the gambling license rules were changed after AEG was selected, and that the group's rejection was therefore «an abuse of discretion.»
That law prohibits government agencies from taking actions that are «arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law -LSB-.]»
The Department's actions are arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.
Lawsuits cited violations of the Freedom of Information Act and Administrative Procedures Act, a law which prohibits government agencies from taking actions that are «arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.»
The agency's refusal to address the issue seemed «arbitrary, capricious, [or] an abuse of discretion» — making it a violation of Chevron, he said.
On adaptation, the report outlines three corruption risk areas: State capture and abuse of discretion; bribery, clientelism and cronyism leading to poorly designed programmes; and petty corruption in programme delivery.
«According to the Supreme Court, all actions by federal agencies, including rulemakings, must be made on the basis of evidence, and may not be arbitrary and capricious or an abuse of discretion,» Flatt said by email.
The CBP may be incorrectly interpreting the EO (which even the administration is not clear about) and therefore violating the law as applied because the EO does not actually authorize their action or because the way that they interpreted the EO was an abuse of their discretion.
The Rita standard for a guidelines sentence seems to be an «abuse of discretion plus» standard of review.
The appellate court reviewed the ruling to determine whether there was an abuse of discretion in the decision to modify the amount of support.
There must be some evidence that shows an abuse of discretion.
Accordingly, the Court of Appeals found that it was not per se an abuse of discretion for the juror to employ the sense of touch.
We hold that the judge's dismissal of the juror was not an abuse of her discretion.
For this JRR Tolkien fan, a career as an appellate lawyer is the perfect match for Keller's self - described nerdery — the practice requires mastery of a host of activities revolving around brief - writing and oral argument, and the appellate bar speaks its own unique tongue: forfeiture and waiver, plain error, abuse of discretion, de novo, etc..
But, because Thomson did not produce any supporting evidence, her claim fails whether we review it as a direct appeal or discretionary review, de novo or for abuse of discretion.»