Does a decision to defer to the expertise of a receiver constitute an abuse of discretion?

MultiRegion, United States of America

The following excerpt is from Sec. v. Kuipers, D.C. No. 2:00-cv-00823-JCC, No. 09-36016 (9th Cir. 2010):

A decision to defer to the expertise of a receiver does not automatically constitute an abuse of discretion, especially given the deference accorded for the supervision of a receivership. See SEC v. Hardy, 803 F.2d 1034, 1038 (9th Cir. 1986). Here, there is no evidence that the court acted arbitrarily. Further, these Investors were given an opportunity to show why a hearing on their claims was necessary, but ultimately agreed with the Receiver that it was not. The district court was thus well within its discretion to use summary proceedings to determine appropriate relief rather than plenary proceedings. See id. at 1040.

Other Questions


Is there an abuse of discretion or discretion in a decision to replay a conversation between plaintiff and defendant? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
What are some cases where a federal court's sentencing decision for abuse of discretion was abused? (MultiRegion, United States of America)
Does the appointment of a receiver in an equitable receivership constitute an abuse of discretion? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
Is a court's decision to grant or deny costs for abuse of abuse of power or abuse of funds to a school? (MultiRegion, United States of America)
What is the impact of a district court's decision to decline supplemental jurisdiction over a state law claim for abuse of discretion? (MultiRegion, United States of America)
Does the Court have any discretion or discretion in making decisions on whether to grant special dispensation of power to a university student? (Canada (Federal), Canada)
Does a dismissal of an indictment for abuse of discretion constitute a violation of the Sixth Amendment's guarantee of a speedy trial? (MultiRegion, United States of America)
What are the evidentiary rulings for abuse of discretion and its application of constitutional standards de novo? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.