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Appellate Court Reversal Based on Abuse of Discretion

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  • 07-29-2017, 07:14 PM
    chesty
    Appellate Court Reversal Based on Abuse of Discretion
    A case of defamation and the United States District Court issued a preliminary injunction favoring the plaintiff. The ruling was appealed to the Appellate Court where they ruled in favor of the Defendant saying, "The district court abused its discretion in issuing the preliminary injunction."

    I know this is a vague post, but wanted to ask if this "Abuse of Discretion" ruling from the Appellate Court to the District Court is normal verbiage or if it is a severe reprimand against the Federal District Court Judge?

    Thanks,
    Chesty
  • 07-29-2017, 07:36 PM
    Mr. Knowitall
    Re: Appellate Court - Abuse of Discretion Ruling
    No judge likes to be reversed, but they were simply reciting the standard of review.
  • 07-29-2017, 10:03 PM
    Taxing Matters
    Re: Appellate Court Reversal Based on Abuse of Discretion
    Quote:

    Quoting chesty
    View Post

    I know this is a vague post, but wanted to ask if this "Abuse of Discretion" ruling from the Appellate Court to the District Court is normal verbiage or if it is a severe reprimand against the Federal District Court Judge?

    It is not a reprimand at all. The appellate courts use several different standards of review depending on what the appeal issue is. Abuse of discretion is one of those standards. All the appeals court is saying is that applying that standard of review the trial court judge got it wrong.
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