What are the conditions for a federal court to vacate the Consent Decree?
MultiRegion, United States of America
The following excerpt is from Rouser v. White, 825 F.3d 1076 (9th Cir. 2016):
Giving the district court the special deference it is owed, I cannot agree with the majority that the district court abused its discretion in vacating the Consent Decree. A district court abuses its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact. Casey v. Albertson's Inc. , 362 F.3d 1254, 1257 (9th Cir. 2004). Rouser has demonstrated neither of these conditions.
"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
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What are some of the most recent federal decisions in which the US Supreme Court has ruled in favour of a motion by a federal appeals court? (MultiRegion, United States of America)
What is the difference between a federal district court's opinion and a federal court's decision on sentencing? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
