Administrative Findings

80 Florida cases classified under this topic · sorted by citation count · browse and sort

• WPC Enters. v. The United States
  323 F.2d 874· Ct. Cl.· 1963-10-11 ·cited 157×
  The court held that the Government's demand for components from specific manufacturers was not contractually required due to ambiguity in the specifications, and the contractor's reasonable interpretation should prevail.
• In re Plywood Antitrust Litig. French Quarter Apts., Ltd. v. Georgia-Pacific Corp.
  655 F.2d 627· 5th Cir.· 1981-09-08 ·cited 114×
  The court affirmed the district court's judgments, finding sufficient evidence of a price-fixing conspiracy, proper jury instructions, and appropriate discovery sanctions.
• Guiseppi v. Walling
  144 F.2d 608· 2d Cir.· 1944-06-27 ·cited 112×
  The court held that the Administrator exceeded his statutory authority by prohibiting homework in the embroideries industry.
• Underwood v. Ribicoff
  298 F.2d 850· 4th Cir.· 1962-01-04 ·cited 107×
  The court held that the District Court did not err in finding substantial evidence supported the claimant's inability to engage in substantial gainful activity, reversing the Secretary's determination.
• Nelson v. State
  156 Fla. 189· Fla.· 1945-07-24 ·cited 77×
  The Florida Supreme Court reversed a circuit court's decision that had overturned the Miami City Commission's removal of Police Chief H. Leslie Quigg. The court held that the City Commission's removal decision was supported by substantial evidence and that the circuit court erred
• H. J. Laney (Petitioner Below) v. Holbrook
  150 Fla. 622· Fla.· 1942-05-26 ·cited 67×
  A Florida school principal challenges his discharge by the County Board of Public Instruction for various alleged misconduct. The Florida Supreme Court reverses the Board's order because the Board failed to make specific findings of fact as required by due process and statutory p
• Goldman v. Folsom
  246 F.2d 776· 3d Cir.· 1957-07-02 ·cited 37×
  The court should affirm the district court's judgment upholding the administrative finding that the claimant was not employed during the relevant periods.
• Nat'l Labor Relations Bd. v. Fla. Citrus Canners Coop.
  288 F.2d 630· 5th Cir.· 1961-03-27 ·cited 36×
  The court held that the employer did not refuse to bargain in good faith and was not required to continue bargaining with a union that had lost its majority status, especially when the loss was not attributable to unfair labor practices.
• Snyder v. Ribicoff
  307 F.2d 518· 4th Cir.· 1962-08-30 ·cited 35×
  The court held that the administrative findings of no disability were supported by substantial evidence, and the District Court correctly affirmed this determination.
• Marietta Norton v. The Discipline Comm. OF E. Tenn. State Univ.
  419 F.2d 195· 6th Cir.· 1969-11-28 ·cited 32×
  The court held that the students' distribution of leaflets constituted protected First Amendment activity, and the university's indefinite suspension was not justified by a clear and present danger of disruption or material interference with university activities.
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  235 F.2d 845· D.C. Cir.· 1956-07-19 ·cited 32×
  The court held that while the Civil Aeronautics Board has the power to exempt carriers, it failed to make the necessary specific findings to support its exemption order for irregular carriers, requiring remand.
• Small v. Califano
  565 F.2d 797· 1st Cir.· 1977-11-22 ·cited 27×
  The court held that the agency failed to make sufficient findings to allow for meaningful judicial review of the denial of social security disability benefits.
• United States v. Randall
  140 F.2d 70· 2d Cir.· 1944-01-27 ·cited 27×
  The court held that the appellants' challenges to their conviction were without merit, affirming the judgment.
• Braniff Airways, Inc. v. civil Aeronautics Bd.
  306 F.2d 739· D.C. Cir.· 1962-05-24 ·cited 24×
  The court held that the Civil Aeronautics Board's order awarding the Texas-Florida route to Eastern Air Lines was not supported by adequate findings of fact, necessitating remand.
• Easton Pub. Co. v. Fed. Commc'ns Comm'n (allentown Broad. Corp.
  175 F.2d 344· D.C. Cir.· 1949-05-04 ·cited 24×
  The court held that the FCC must make specific findings regarding the comparative needs of communities and the abilities of applicants to serve those needs, particularly concerning program content, when deciding between mutually exclusive broadcast license applications.
• Young & Co. & Tex. Emp'rs Ins. Ass'n v. Shea
  404 F.2d 1059· 5th Cir.· 1968-12-09 ·cited 22×
  The court denied petitions for rehearing en banc but clarified that the Administrative Procedure Act did not change the scope of judicial review for findings under the Longshoremen's and Harbor Workers' Compensation Act, which remains the substantial evidence test.
• Tejeda v. United States Immigr. & Naturalization Serv.
  346 F.2d 389· 9th Cir.· 1965-05-19 ·cited 22×
  The court held that if the petitioner made a bona fide effort to reenter and was denied reentry due to misadvice from the American Consul, respondents should be precluded from denying reentry.
• United States ex rel. Dolenz v. Shaughnessy
  200 F.2d 288· 2d Cir.· 1952-12-05 ·cited 20×
  The court held that the Attorney General's finding that the appellant would not be subjected to physical persecution was inadequate because it was negative in form and lacked deliberation. The court would reverse the decision based on this inadequacy.
• Miss. Shipping Co., Inc. v. Henderson
  231 F.2d 457· 5th Cir.· 1956-04-12 ·cited 18×
  The court affirmed the compensation order, holding that the deputy commissioner's findings, supported by evidence, that the employee's death was a continuation of the original injury and not due to an independent intervening cause, were conclusive.
• Hyman Rosenfeld v. Dep't OF the Army
  769 F.2d 237· 4th Cir.· 1985-08-14 ·cited 16×
  A Civil Service Commission determination of mental disability does not have collateral estoppel effect in a subsequent Age Discrimination in Employment Act (ADEA) suit, as federal anti-discrimination statutes presume judicial resolution of such claims.
• Ctr. Mfg. Co., Inc. v. The United States
  392 F.2d 229· Ct. Cl.· 1968-03-15 ·cited 16×
  The contractor's interpretation of the specifications was reasonable, and the specifications were impossible to comply with while passing the required tests.
• Nat'l Council OF American-Soviet Friendship, Inc. v. Subversive Activities Control Bd.
  322 F.2d 375· D.C. Cir.· 1963-05-16 ·cited 16×
  The court held that the evidence presented was insufficient to establish that the National Council of American-Soviet Friendship was substantially directed, dominated, or controlled by the Communist Party, a requirement for classification as a Communist-front organization.
• Anglo-Canadian Shipping Co. Ltd. v. Fed. Mar. Comm'n & United States
  310 F.2d 606· 9th Cir.· 1962-08-20 ·cited 16×
  The court held that the Commission's order was invalid due to a lack of specific, basic findings of fact and supporting reasons, as required by the Administrative Procedure Act.
• Lowell O. W. Lumber Sales v. United States
  270 F.2d 12· 9th Cir.· 1959-08-14 ·cited 14×
  The court held that the trial court erred in dismissing the appellant's claim for credit against the government's counterclaim and that the promissory note was supported by adequate consideration despite the subsequent termination of the underlying contract.
• Woods v. Kaye
  175 F.2d 886· 9th Cir.· 1949-06-22 ·cited 14×
  A district court cannot refuse to enforce the retroactive aspect of a rent order, as challenges to the order's validity must be brought before the Emergency Court of Appeals.
• Contractors v. Pillsbury
  150 F.2d 310· 9th Cir.· 1945-06-22 ·cited 14×
  The court held that the Deputy Commissioner's findings of fact, supported by substantial evidence, are not subject to judicial review, and the Longshoremen's and Harbor Workers' Compensation Act should be liberally construed.
• In re Denver & R. G. W. R. Co. Denver & R. G. W. R. Co. v. Ins. Grp. Comm.
  150 F.2d 28· 10th Cir.· 1945-05-10 ·cited 12×
  The court, through a concurring opinion, suggests that the Commission's valuation based solely on estimated future earnings, leading to the elimination of junior security holders' claims, is harsh and potentially unjust, despite affirming the Commission's findings.
• Zerweck v. State
  409 So. 2d 57· Fla. 4th DCA· 1982-01-06 ·cited 11×
  John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
• Portland Gen. Elec. Co. & Publishers' Paper Co. v. Fed. Power Comm'n
  328 F.2d 165· 9th Cir.· 1964-02-07 ·cited 10×
  The court held that the Federal Power Commission's interpretation of "to be constructed" in Section 11 of the Federal Power Act was not sufficiently clear for review, necessitating a remand for further consideration. It also found that Section 27 of the Act does not preclude the
• Davis v. Elvis J. Stahr, Jr.
  293 F.2d 860· D.C. Cir.· 1961-06-15 ·cited 10×
  A reservist cannot be given a less than honorable discharge based on pre-induction conduct or failure to disclose such conduct, nor can derogatory statements made on active duty be the basis for such a discharge from the inactive reserve without affording the right of confrontati
• Davis v. Brucker
  275 F.2d 181· D.C. Cir.· 1960-02-17 ·cited 10×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding the basis for the appellant's discharge.
• Fed. Trade Comm'n v. The B. F. Goodrich Co.
  242 F.2d 31· D.C. Cir.· 1957-02-28 ·cited 10×
  The court held that the Federal Trade Commission's Quantity-Limit Rule 203-1 was invalid because the Commission failed to make the express statutory finding required by the Clayton Act, as amended by the Robinson-Patman Act, and a "Statement of Basis and Purpose" could not supple
• Grant v. Ezra Taft Benson
  229 F.2d 765· D.C. Cir.· 1955-12-08 ·cited 10×
• Hastorf-Nettles, Inc. v. Pillsbury
  203 F.2d 641· 9th Cir.· 1953-04-16 ·cited 10×
  The court held that the Deputy Commissioner's findings of fact are supported by substantial evidence and thus the district court's dismissal of the complaint was proper.
• Bankamerica Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  491 F.2d 985· 9th Cir.· 1974-01-29 ·cited 8×
  The court held that the Board of Governors of the Federal Reserve System properly denied a bank holding company's application to engage in computer equipment leasing, as the activity was not closely related to banking and the Board did not err in denying a hearing or in its findi
• State OF Cal. v. Fed. Power Comm'n
  345 F.2d 917· 9th Cir.· 1965-05-18 ·cited 8×
  The Federal Power Commission had the authority to impose license conditions requiring minimum stream flows for fish runs, even if these conditions might potentially impair the licensees' future irrigation water rights.
• Hoffman v. Condermann
  146 So. 2d 776· Fla. 2d DCA· 1962-10-05 ·cited 8×
  Walter Hoffman, a real estate broker, petitioned for review of an order by the Florida Real Estate Commission revoking his broker's registration based on alleged violations of Florida Statutes § 475.25 for conduct in connection with trailer park sales. The appellate court found t
• Coffey v. Jordan
  275 F.2d 1· D.C. Cir.· 1959-06-25 ·cited 8×
  The court held that administrative agencies are generally required to make specific findings of fact to support their decisions, even if not explicitly mandated by statute.
• PAN Am. World Airways, Inc. v. Civil Aeronautics Bd.
  261 F.2d 754· D.C. Cir.· 1958-11-18 ·cited 8×
  The court held that an exemption from air carrier certification requirements under § 416(b) is not subject to presidential approval under § 801, but the Board's findings supporting the exemption were inadequate.
• Harp v. United States
  173 F.2d 761· 10th Cir.· 1949-03-28 ·cited 8×
  The court held that the action was timely filed under the Portal Act and that the administrative findings were conclusive.
• United States v. Bisson
  839 F.2d 418· 8th Cir.· 1988-02-10 ·cited 6×
  The court held that the district court did not abuse its discretion in refusing to consider the borrower's counterclaim due to failure to exhaust administrative remedies.
• Nat'l Factors, Inc. v. The United States
  492 F.2d 1383· Ct. Cl.· 1974-03-20 ·cited 6×
  The court held that the plaintiff should be allowed to introduce evidence of the government's bad faith in terminating contracts, even those not directly at issue, as it is relevant to the breach of contract claim.
• Joul Small v. The United States
  470 F.2d 1020· Ct. Cl.· 1972-12-12 ·cited 6×
• LE Blanc v. Henderson
  264 F.2d 946· 5th Cir.· 1959-03-24 ·cited 6×
  The court held that the Deputy Commissioner's findings were not specific enough for judicial review, requiring further findings.
• Pinkus v. Reilly
  170 F.2d 786· 3d Cir.· 1948-10-25 ·cited 6×
  The court held that the Postmaster General's findings of fraud were supported by substantial evidence, and the lower court's judgment could not be sustained.
• Bank OF THE Philippine Islands v. Rogers
  281 F.2d 12· D.C. Cir.· 1959-11-05 ·cited 4×
  The court held that the plaintiffs failed to meet their burden of proof to establish legal or equitable title to the vested currency.
• Lane v. R.R. Ret. Bd.
  185 F.2d 819· 6th Cir.· 1950-12-08 ·cited 4×
  The Railroad Retirement Board was not bound by the National Railroad Adjustment Board's findings regarding an employee's employment relation for annuity eligibility under the Railroad Retirement Act.
• C. F. Lytle Co. v. Whipple
  156 F.2d 155· 9th Cir.· 1946-06-07 ·cited 4×
  The court held that the Deputy Commissioner's findings of fact, if supported by evidence, are binding and not subject to judicial review.
• Rivera v. Fla. Comm'n ON Ethics
  195 So. 3d 1177· Fla. 1st DCA· 2016-07-06 ·cited 2×
  David Rivera, a former Florida House member, appeals the Florida Commission on Ethics' Final Order recommending public censure, reprimand, civil penalties, and restitution for ethical violations. Rivera does not challenge the violations found but claims his due process rights wer
• Roger v. Rigau
  961 So. 2d 382· Fla. 2d DCA· 2007-08-03 ·cited 2×
  A high school student was suspended for ten days based on a charge of being under the influence of alcohol at a school event, despite evidence that he passed a police field sobriety test and a polygraph examination. The appellate court reversed the suspension, finding the School