abuse of discretion review

• A new 'sliding scale of deference' approach to abuse of discretion: appellate review of district court departures under the federal sentencing guidelines.

Courts should use a sliding scale of deference for abuse of discretion review. The Supreme Court ruled in Koon v. United States in favor of the de novo standard of judicial review of certain aspects of departure from the federal sentencing guidelines. Koon's portrayal of its abuse of discretion standard as a unitary standard should be reformulated as a sliding scale of deference. A more simplified expression of the de novo, clearly erroneous and abuse of discretion standards should also be given.

• American Criminal Law Review
• Vol. 35 Nbr. 1, September 1997

• Erisa, Trust Law, and the Appropriate Standard of Review: A de Novo Review of Why the Elimination of Discretionary Clauses Would Be an Abuse of Discretion

In 1974 Congress enacted the Employee Retirement Income Security Act (ERISA) to protect policyholders against the potential abuses that arise out of the private pension administration of the insurance plans. ERISA provides an extremely complicated scheme that preempts state insurance law on many points. One major aspect of ERISA is that it affords statutory protections to policy holders when they have been denied benefits from their plans. ERISA's passage was the product of many years of failed attempts to regulate the private pension system through various mechanisms. The result was a comprehensive statute that has effectively regulated the insurance industry since its passage, providing much needed guidance and uniformity in the system. The current movement toward eliminating the use ...

• St. John's Law Review
• Vol. 82 Nbr. 2, April 2008

• Muscarella v. Muscarella, (Ohio 2011)

DOMESTIC RELATIONS - GENERAL - obtaining a passport for a minor child; sharing companionship rights; abuse of discretion standard of review.

• Ohio Supreme Court

• U.S. Court of Appeals 8th Circuit Case Summaries: October 13, 2011

Administrative ERISAOffset VA Benefits Where a district court approved an ERISA plan administrator's decision to offset from a claimant's employer-provided, long-term disability benefits the amount received by the claimant pursuant to the Veterans' Benefits Act, the judgment is reversed because the VA benefits did not derive from an act that is similar to the SSA or RRA disability benefits programs, and the VA benefits that the claimant received are not from an "insurance" program but were considered obligatory compensation for injuries to service men and women during military duty. Reasonable caseDissenting opinion by Colloton, J.: "Freed of the restraint demanded by abuse-of-discretion review, the court makes a reasonable case on de novo review that dissimilarities outweigh the simila...

• Missouri Lawyers Media
• October 20, 2011

• Hammonds v. Eggett, (Ohio 2011)

DOMESTIC RELATIONS - CHILD SUPPORT - abuse of discretion standard of review; annual income imputed; R.C. 3119.01(C)(11); other children; R.C. 3119.02; R.C. 3119.05(C); lines 8 and 27 of the worksheet.

• Ohio Supreme Court

• Court review of IRS abuse of discretion.

Various code sections give the IRS discretion to reduce or eliminate a tax liability for equity or hardship reasons. If the IRS fails to reduce a liab...

• Journal of Accountancy
• Vol. 198 Nbr. 6, December 2004

• Social Science Explanations for Disparate Outcomes in Tax Court Abuse of Discretion Cases: A Tax Justice Perspective

Introduction. II. The Concept of Tax Justice. III. Criteria for Assessing Tax Justice. IV. Evidence of a Deferential Difference. A. The Abuse of Discretion Standard. B. The Abuse of Discretion Standard in Cases Involving Corporate Taxpayers. 1. Code Section 446 Cases. 2. Code Section 482 Cases. 3. Other Tax Court Abuse of Discretion Cases Involving Corporate Taxpayers. C. The Abuse of Discretion Standard in Cases Involving Individual Taxpayers. 1. Tax Court Review of Collections Cases. 2. Tax Court Review of Innocent Spouse "Equitable Relief Determinations. V. Social Science Explanations for the Deferential Difference. A. Sociological Theory and Social Psychology. 1. Homans' Theory. 2. The Progeny of Homans. 3. Prospect Theory. 4. Application of Sociological Theory to Judicial Deci...

• Capital University Law Review
• Nbr. 33-3, May 2005

• State ex rel. Bardwell v. Cuyahoga Cty. Bd. of Commrs. (Slip Opinion), Slip Opinion No. 2010-Ohio-5073

Mandamus — Public records requests — Civ.R. 11 sanctions for willful and bad-faith filing — Abuse-of-discretion standard of review of lower court judgment — Judgment affirmed.

• Ohio Supreme Court

• In re C.H., (Ohio 2010)

PERMANENT CUSTODY; ABUSE OF DISCRETION STANDARD OF REVIEW; TERMINATION OF PARENTAL RIGHTS; R.C. 2151.414; CHILD’S BEST INTEREST.

• Ohio Supreme Court

• N. Park Retirement Community Ctr., Inc. v. Sovran Cos., Ltd., (Ohio 2011)

The de novo standard of review is applied when the court is required to determine whether parties have agreed to submit a dispute to arbitration. While the abuse of discretion standard of review typically applies to requests to stay proceedings, R.C. 2711.02(B) removes this discretion in arbitration cases. Court did not err by finding that the arbitration clause of a 2007 contract authorizing a consultant to obtain financing for a construction project governed over an alleged breach of a 2009 agreement concerning formally implemented financing. The 2009 financing was simply the end-object of the consultant’s 2007 obligation to provide financing, so the issues were sufficiently related that they fell within the wide ambit of the arbitration provision.

• Ohio Supreme Court