Academic

getting a handle on abuse of discretion
I haven't found any catchy imagery for describing the abuse-of-discretion standard of review. The difficulty in defining that standard is demonstrated in this oft-cited (88 times, according to Westlaw) definition from James v...

First District Illinois Appellate Court States Standard Of Review For Class Certification
Affirming certification of a class of plaintiffs who allegedly were overcharged by a moving company, the First District Illinois Court of Appeals stated the standard of review for class certification: ??The trial court has broad discretion to determine whether a proposed class satisfies the requirements for class certification and should err in favor of maintaining class [certifications]...

First District Illinois Appellate Waffles Between De Novo and Abuse of Discretion Standards In Interlocutory Appeal
Blockbuster was sued in class action cases that alleged the company imposed improper penalties on customers who kept videos or DVDs longer than the prepaid period. In a Texas case, which had a class similar to the Illinois case, Blockbuster settled after the class was certified...

CA1: failure to reopen not abuse of discretion
Tandayu v. Gonzales, No. 07-1738. The petitioner in this asylum case is an Indonesian Christian. The petitioner tried to reopen it a couple of times with articles or materials showing conditions in Indonesia...

Administration Reverses Its Earlier Denial of Amy Whitehouses Visa
The Bush Administration has reversed its decision to deny a visa to Amy Winehouse due to allegations of drug abuse. However, the visa’s issuance will not result in her attending the Grammy Awards...

No Abuse of Discretion to Exclude Defendant's Expert Testimony on False Confessions
United States v. Benally, ___ F.3d ___, 2008 WL 4138468 (10th Cir. 2008).The COA finds district court did not abuse its discretion under Fed. Crim. Evid. R. 702 in not admitting testimony of defense expert on why individuals might falsely confess...

Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.

Teacher Student Abuse
Beaufort County agrees to pay $300,000 settlement to abuse victim.

Lawsuit Filed Against Legacy Health Care Facilities for Nursing Home Abuse
Legacy Health Care Facilities Face Class Action Over Allegations of Abuse

Estate Planners Face Elder Abuse Class Action
California Estate Planners Face Elder Abuse Class Action

Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case

Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit