What is the test for an abuse of discretion when a federal district court does not employ the standard used to determine whether a motion has been successful?
MultiRegion, United States of America
The following excerpt is from Murphy v. Schneider National, Inc., 349 F.3d 1224 (9th Cir. 2003):
Because the district court did not employ the standard we describe, this "technically" constitutes an abuse of discretion, see Koon v. United States, 518 U.S. 81, 100, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996) ("A district court by definition abuses its discretion when it makes an error of law."), though an understandable one because we have not previously announced the controlling rule.
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