What is the test for reversing a grant of a new trial under the abuse of discretion standard?

MultiRegion, United States of America

The following excerpt is from Kode v. Carlson, 596 F.3d 608 (9th Cir. 2010):

Normally, we reverse under the abuse of discretion standard only when the district court reaches a result that is illogical, implausible, or without support in the inferences that may be drawn from the record. U.S. v. Hinkson, 585 F.3d 1247, 1262 (9th Cir.2009). The abuse of discretion standard requires us to uphold a district court determination that falls within a broad range of permissible conclusions, provided the district court did not apply the law erroneously. Grant v. City of Long Beach, 315 F.3d 1081, 1091 (9th Cir. 2002). In some cases reversing a district court's grant of a new trial based on the clear weight of the evidence, we have used a phraseology that may seem to convert

[596 F.3d 613]

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