Commercial Litigation and Arbitration

Abuse of Discretion — Limits of Discretion — Court May Not Do Whatever It Pleases — Party’s Wealth Irrelevant (Good Quotes)

Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir. 1984):

[W]hen we say that a decision is discretionary, or that a district court has discretion to grant or deny a motion, we do not mean that the district court may do whatever pleases it. ... The fact that a party is a corporation, or is thought to be rich, or both, is and must be irrelevant in courts of justice.  The courts' duty is to "administer justice without respect to persons, and do equal right to the poor and to the rich . . . ." 28 U.S.C. § 453.

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