543 Florida cases classified under this topic, plus 562 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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424 F.2d 859·
D.C. Cir.·
1970-02-13
·cited 272×
A disappointed bidder for a government contract has standing to sue if they allege the agency action was arbitrary, capricious, or a violation of statutory provisions governing government contracts.
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The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
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The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
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454 F.2d 1018·
D.C. Cir.·
1971-11-15
·cited 138×
The court found the Commission's shifting positions and inconsistent reasoning to be arbitrary and capricious, leading to a flawed decision.
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The court held that the Union's arbitrary and perfunctory handling of grievances constituted a breach of its duty of fair representation, barring the employer's exhaustion defense, but the suit against the Union was barred by the statute of limitations. Reinstatement is a permiss
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The Court held that the Board's orders establishing a seating configuration policy were ripe for review because the issues were fit for judicial decision and withholding review would impose hardship on the airlines. However, the appeal concerning a specific rate suspension order
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The court held that the district court lacked jurisdiction to conduct a de novo parole hearing and order release, and that the Parole Board could consider the full circumstances of the offense behavior, including information in the presentence report, even if not directly related
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648 F.2d 694·
D.C. Cir.·
1980-08-28
·cited 104×
The court held that the Department of Labor's modification of its unemployment statistics methodology, which directly impacts the allocation of CETA funds, constitutes a "rule" under the Administrative Procedure Act and requires notice and comment procedures.
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The court held that the school board's refusal to renew the plaintiff's teaching contract was arbitrary and capricious, likely motivated by her civil rights activities, and thus violated her constitutional rights.
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The Florida Supreme Court reversed a judgment requiring the Atlantic Coast Line Railroad to pay a proportionate share of street paving costs in addition to paving between its rails, holding that such a special assessment violates due process and equal protection because the railr
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The court held that the EPA's interim final regulations were invalid as applied to the specialty steel industry due to insufficient notice under the Administrative Procedure Act. However, the court found the notice sufficient regarding the adoption of more stringent treatment tec
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The court held that the Federal Energy Administration's (FEA) Entitlements Program was a rational exercise of agency authority, not arbitrary or capricious, and that the FEA did not violate the Freedom of Information Act.
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428 F.2d 1233·
Ct. Cl.·
1970-07-15
·cited 98×
A bidder has standing to sue if they can make a prima facie showing of arbitrary and capricious action by the government in the bid process, even when seeking money damages.
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375 F.2d 43·
9th Cir.·
1967-03-07
·cited 98×
The court held that the Federal Communications Commission did not err in promulgating amended rules for the Citizens Radio Service without public evidentiary hearings, as the changes constituted general rulemaking and did not violate statutory notice or hearing requirements.
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633 F.2d 123·
9th Cir.·
1980-03-28
·cited 96×
The court affirmed the trial court's judgments and orders, including the award of attorneys' fees to the defendant, finding that the oral agreement regarding foreclosure upon default was a valid defense and that the contract's provision for attorneys' fees applied to the prevaili
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584 F.2d 519·
D.C. Cir.·
1978-07-28
·cited 96×
The court held that the Federal Maritime Commission (FMC) failed to adequately consider the antitrust implications of an agreement amendment, requiring a remand.
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The court held that the agency's threshold determination not to file an Environmental Impact Statement under NEPA should be reviewed under a more searching standard than arbitrary and capricious, requiring a determination of whether the project would materially degrade environmen
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City of Miami Beach sought to enforce an ordinance prohibiting petroleum storage tanks within 1,000 feet of residential buildings, but the Florida Supreme Court upheld as applied to The Texas Company's bulk plant, which had operated with city approval for many years. The court af
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195 F.2d 141·
9th Cir.·
1952-02-29
·cited 88×
The court held that the National Labor Relations Board's order requiring reinstatement was arbitrary and capricious because it retroactively applied a new policy to conduct that occurred when the Board had a contrary policy, causing inequitable hardship.
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Florida Supreme Court held that while the legislature has broad authority to create special tax districts for public improvements, a district's formation must have a substantial and rational relation to benefits that will accrue to the taxed property. Where a district arbitrarily
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698 F.2d 179·
3d Cir.·
1983-01-10
·cited 80×
The court held that the EPA acted arbitrarily in imposing a sewer hookup restriction on floodplain development that defied state and local land use regulations, as Congress has encouraged state and local regulation of coastal areas.
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The court held that it lacked jurisdiction to review a transfer order after the case file was physically transferred to the transferee court, and that the transfer of Small's case to the District of Kansas was appropriate under 28 U.S.C. § 1404(a) given the factual issues involve
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Property owners challenged a zoning ordinance that classified their land as B-1 instead of the more favorable B-3 classification, seeking injunctive relief and a declaration that the ordinance was unconstitutional and discriminatory. The Florida Supreme Court reversed the lower c
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The court held that the plaintiffs' Fifth Amendment taking claim was not ripe because they failed to seek compensation through available state procedures, but their Fourteenth Amendment due process claim was ripe and stated a claim upon which relief could be granted.
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The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
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The district court erred by failing to award damages on remand, as the prior appellate decision established the plaintiffs' entitlement to damages and the only remaining issue was the amount.
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715 F.2d 713·
2d Cir.·
1983-08-04
·cited 73×
An unsuccessful bidder has standing to challenge a government contract award if they allege injury in fact and their interest is arguably within the zone of interests protected by the relevant procurement statutes.
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655 F.2d 283·
D.C. Cir.·
1981-03-25
·cited 72×
Manufacturers challenging government computer procurement standards lack standing because their economic interests are not arguably within the zone of interests protected by the Brooks Act.
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The court held that the plaintiff has standing to sue for racial discrimination and that the denial of a building permit may violate due process if arbitrary or capricious, but damages for delays caused by a state court appeal are limited.
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619 F.2d 1132·
5th Cir.·
1980-06-27
·cited 70×
The court held that the district court has subject matter jurisdiction over Sheehan's wrongful discharge claim against AAFES, based on the Tucker Act for monetary relief and federal question jurisdiction combined with the Administrative Procedure Act for nonmonetary relief.
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A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
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The court held that the Administrator had the authority to promulgate effluent limitations for existing sources and that the use of single numbers in these regulations was permissible. The 1977 variance provisions were also upheld as a valid exercise of rulemaking authority.
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Metropolitan Dade County petitions for certiorari to review a circuit court's decision that voided the County Commission's denial of a rezoning application for an apartment complex. The district court affirmed, holding that the Commission's decision was not supported by competent
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The Florida Supreme Court held that the Department of Agriculture's destruction of nearly all citrus trees at Polk's nursery constituted a taking requiring just compensation, except for trees showing disease symptoms and those within 125 feet thereof. The court reversed the damag
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The court held that the break-in-employment rule was unreasonable on its face to the extent it cancelled pension credits for an employee who had met minimum employment requirements but suffered an involuntary break due to unavailability of work before reaching retirement age.
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The court held that the affiliation provisions in Amendment No. 2, which created an irrebuttable presumption of control based on a loan exceeding five percent of monthly sales, were not arbitrary or capricious and were a valid condition for receiving a special subsidy.
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513 F.2d 1056·
D.C. Cir.·
1975-06-02
·cited 60×
The court held that the FCC erred in denying WEUP's application by failing to adequately consider relevant precedents regarding coverage rules and by improperly dismissing the significance of black ownership and operation.
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710 F.2d 1165·
6th Cir.·
1983-06-24
·cited 58×
The court held that the FTC's actions constituted final agency action reviewable by the court, and that Brown & Williamson's claims under the Administrative Procedure Act lacked merit.
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413 F.2d 568·
Ct. Cl.·
1969-07-16
·cited 58×
The court has the right and ability to conduct a trial de novo to determine if an administrative official has abused discretion assigned by statute.
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341 F.2d 537·
9th Cir.·
1965-02-10
·cited 58×
The court affirmed the district court's stay of discharge, finding that the traditional factors for granting a stay pending review were met.
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558 F.3d 1301·
11th Cir.·
2009-02-19
·cited 57×
The Eleventh Circuit affirmed the district court's dismissal of the plaintiff's complaint, holding that the Hillsborough County Public Transportation Commission's "luxury" requirement for limousines did not violate due process or equal protection, was not unconstitutionally vague
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603 F.2d 707·
8th Cir.·
1979-07-27
·cited 57×
The court held that the Bureau of Indian Affairs' (BIA) decision to transfer Anthony Whirlwind Horse was arbitrary and capricious, violating the Indian Reorganization Act and the BIA's own consultation policy. The court reversed the district court's denial of injunctive and decla
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Simple negligence in evaluating a competitor's bid, without bad faith or a complete lack of reasonable basis, is insufficient to warrant recovery of bid preparation expenses by a disappointed bidder.
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794 So. 2d 696·
Fla. 1st DCA·
2001-09-13
·cited 55×
The Florida Board of Trustees of the Internal Improvement Trust Fund attempted to adopt a rule prohibiting the mooring or anchoring of cruise ships engaged in 'cruises to nowhere' (gambling vessels that leave and return to Florida without stopping in another state) on sovereign s
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526 F.3d 1353·
11th Cir.·
2008-05-09
·cited 54×
The Eleventh Circuit affirmed in part and reversed in part the district court's judgment. The court held that it had appellate jurisdiction over the summary judgment and remedies orders. It agreed that the Endangered Species Act claim was mooted and the district court's NEPA anal
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631 F.2d 831·
D.C. Cir.·
1980-06-09
·cited 54×
The court held that the ICC's orders prescribing maximum reasonable rates were arbitrary and unreasonable due to flawed cost calculations and an unjustified additive, requiring remand.
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565 F.2d 708·
D.C. Cir.·
1977-08-25
·cited 54×
The court held that the Machinery Dealers National Association (MDNA) lacked standing to challenge the sale of government property because its members failed to demonstrate a concrete and particularized "injury in fact" that was redressable by the court.
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The concurring judge agrees that the case must be remanded due to the district court's narrow scope of review but disagrees with the majority's inclusion of the substantial evidence test for reviewing government employee discharges.
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758 F.2d 1572·
11th Cir.·
1985-04-30
·cited 53×
The court held that the health benefit plan's modification clause was unambiguous, preserving only rights for services received prior to modification, and that the Office of Personnel Management's approval of benefit reductions was not arbitrary or capricious.
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722 F.2d 1341·
7th Cir.·
1983-12-05
·cited 53×
The court held that while the Commission's procedural errors in dismissing evidence and denying a motion to strike were not adequately explained, they were harmless because they could not have affected the outcome.