(70)Davis, supra note 26, at 59 (emphasis added) (explaining that ideal abuse of discretion
analyzes merits of decision by lower court itself).
The judge asked MSHA to explain whether it believed the inspector's denial of Stone's rights constituted abuse of discretion
. MSHA responded that the inspector did not have the discretion to violate the statute, assuming (for the sake of argument) that Stone's right was impermissibly violated.
Finally, issues litigated in the Tax Court must have been raised at the Appeals hearing or otherwise brought to the attention of the Appeals officer by the taxpayer, because logically the Tax Court cannot review for abuse of discretion
where the officer was not aware of the issue [Magana, 118 TC 488 (2002)].
Unfortunately, the court did not reject, or even discuss, gross abuse of discretion
or any other heightened form of abuse.
It then held that the standard of review is "abuse of discretion
," as the validity of the underlying tax liability was not at issue.
The decision not to make the ruling retroactive was an abuse of discretion
because the IRS presented no rational basis for the different treatment received by similar taxpayers (those who filed before and after December 7).
In a scathing statement, Lacson said that "exercising this latest brazen, illegal act after the bicameral committee report has been adopted and ratified by both houses smacks of grave abuse of discretion
on the part of Speaker Arroyo, not to mention a clear violation of the 1987 Constitution, specifically Art VI Sec 26 paragraph 2, thus: ''...Upon the last reading of a bill, no amendment thereto shall be allowed ..."
'In this case, we find that the RTC rulings supported by factual and legal justifications, thereby negating the imputation of grave abuse of discretion
on its part,' the CA ruling said.
"The Court held that records show that the Comelec did not commit grave abuse of discretion
in finding that petitioners may probably be guilty of the charges," the SC statement read.
'The intended investigation is a grave abuse of discretion
of the investigative power of the legislative by a single senator,' read the petition.
The standard of review of a trial court's order either dismissing or refusing to dismiss a medical malpractice case for failure to comply with the expert provisions required under Texas law is abuse of discretion
. An abuse of discretion
occurs when a trial court acts arbitrarily or unreasonably and "without reference to any guiding rules or principles." The law requires an expert report as a written report by an expert that provides a lair summary of the expert's opinions regarding: (1) Applicable standards of care (2) The manner in which the care rendered failed to meet the standards, and (3) The causal relationship between that failure and the injury, harm, or damages claimed.
The court held, inter alia, that the order for pre-suit depositions was an abuse of discretion
, and thus, void.