ABUSE OF DISCRETION REVIEW

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Definition

A standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.

Overview

The...

(LIIBULLETIN preview)

In 2007, Damiana Ochoa took maternity leave from her job at McLane Company, Inc. (“McLane”). EEOC v. McLane Co., No. 13-15126, at 4 (9th Cir. Oct. 27, 2015). Upon attempting to return to work, McLane informed Ochoa that she was required to pass the...