What is the test for striking a dismissal order for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from Conley v. Van Sickle, 24 F.3d 245 (9th Cir. 1994):

We review the district court's dismissal order for abuse of discretion. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 113 S.Ct. 321 (1992). Under this standard, we will not disturb the order unless we have "a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors." Id. (quotations omitted).

Other Questions


Does a district court abuse its discretion in modifying a pre-trial order to dismiss state law claims? (MultiRegion, United States of America)
Does a federal court order dismissing an action under Federal Rule of Civil Procedure 4(j for failure to serve for abuse of discretion? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a federal district court dismiss a motion for constructive dismissal under Rule 41(b) for abuse of discretion? (MultiRegion, United States of America)
When will the court strike down Flores' claim that the district court abused its discretion to exclude from evidence the dismissal of criminal charges against Flores? (MultiRegion, United States of America)
What is the effect of a district court order dismissing an action for lack of prosecution for 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)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
Is a dismissal under Rule 37 a dismissal for abuse of discretion? (MultiRegion, United States of America)
Does a finding that counsel failed to show excusable neglect sufficient to warrant vacating its order of dismissal constitute an abuse of discretion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.