Sentences with phrase «deferential abuse of discretion»

That determination was affirmed on appeal because the amount of fees award is reviewed under the deferential abuse of discretion standard.

The problem was that plaintiff could not surmount the deferential abuse of discretion standard applicable to gauging reasonableness.

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.

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.

Not exact matches

[UNPUBLISHED][Per Curiam - Before Bye, Beam and Gruender, Circuit Judges]: On remand from the Supreme Court for reconsideration under Gall v. U.S.. Under the more deferential abuse - of - discretion review outlined in Gall, the district court did not abuse its discretion in sentencing defendant to 132 months, and the sentence is affirmed.