What are the legal tests used to determine abuse of power?

We think the tests do little more than serve as something of a check list of factors we ought to consider as we review the district court's action for abuse of its discretion. Even if we were to choose or formulate a test and apply it, we would not be able to reverse the district court solely because we disagreed with its application of the test. The district court's decision ultimately requires and must rest upon "a particularized inquiry into the circumstances of, and the competing interests in, the case." Banks v. Yokemick, 144 F. Supp. 2d 272, 275 (S.D.N.Y. 2001) (citing Keating, 45 F.3d at 325); see also 4003-4005 5th Ave., 55 F.3d at 85 ("[H]ow a trial court should . . .

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