Can a motion for reconsideration for abuse of discretion be denied?
MultiRegion, United States of America
The following excerpt is from Bey v. Trump, 20-3380-cv (2nd Cir. 2021):
We review the denial of a motion for reconsideration for abuse of discretion. Gomez v. City of New York, 805 F.3d 419, 423 (2d Cir. 2015). A court abuses its discretion if it bases its ruling on "an erroneous view of the law or on a clearly erroneous assessment of the evidence." Id. (internal quotation marks omitted). The district court did not exceed the bounds of its discretion here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion denying a motion for reconsideration itself reviewed for abuse of discretion? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the test for abuse of discretion in denying a motion for reconsideration? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
When a motion in limine is denied, does the court have discretion to deny a motion to amend the pleadings? (MultiRegion, United States of America)
What is the test for abuse of discretion in the context of a motion to dismiss a motion for improper use of discretion? (MultiRegion, United States of America)
In a motion to change venue, does the court abuse its discretion to deny the motion? (MultiRegion, United States of America)
Is there any case law where a motion for reconsideration or motion for a reconsideration has been denied? (MultiRegion, United States of America)
Can a motion for a mistrial be denied for abuse of discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion when a motion is denied further discovery? (MultiRegion, United States of America)
