Also known as: due regard doctrines · due regard
Written by attorneys · grounded in primary & secondary sources — see below
A standard requiring a decision-maker to appropriately consider specified interests or factors when exercising discretion or reviewing a determination.
After a bench trial, the district court credited the testimony of Park Environmental's consultant over Oak Earth's expert and lay witnesses when finding that expected waste volumes were unproven. Oak Earth appealed, arguing the findings were clearly erroneous. The reviewing court upheld the district court's choice because it had the opportunity to observe the witnesses and weigh the conflicting data sets firsthand.
Federal prosecutors indicted Dana Reed in the Central District for a mortgage fraud scheme in which falsified applications were submitted and funded through a bank branch there. Dana moved to transfer the case, claiming inconvenience for herself and her witnesses. The court denied the motion after balancing Dana's interests against those of the bank, other witnesses, and the need for efficient adjudication.
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Morgan Trust Company managed an investment trust for Claire, who needed steady income, and Ethan, who sought aggressive growth. At Ethan's urging the trustee shifted most assets into volatile instruments that sharply reduced Claire's distributions. The court held that the trustee breached its duty by failing to balance both beneficiaries' interests when reallocating the portfolio.
The reviewing court must not set aside findings unless they are clearly erroneous. It must also give due regard to the trial court's opportunity to judge witness credibility after hearing live testimony.
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The court must set the place of trial with due regard for the convenience of the defendant, any victim, and the witnesses, as well as the prompt administration of justice. The standard calls for a discretionary balancing of those interests rather than automatic transfer on a defendant's request.
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When a trust has multiple beneficiaries the trustee must act impartially in investing, managing, and distributing trust property. This requires giving due regard to each beneficiary's respective interests rather than favoring one class or objective over another.
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Yes when the reallocation sharply reduces distributions needed by another beneficiary without reasonable accommodation of both interests. The trustee must weigh income needs against growth objectives and structure the portfolio to protect each beneficiary's legitimate expectations.
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…development, and the fact that the lessee must bear the loss if the operations are not successful, require that he proceed with due regard to his own interests, as well as those of the lessor. No obligation rests on him to carry the operations beyond the point where they will be profitable to him, even if some benefit to the…