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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766 F.2d 1550·
D.C. Cir.·
1985-07-16
·cited 10×
The unconstitutional legislative veto provision in section 43(f) of the Airline Deregulation Act of 1978 is severable from the remainder of the employee protection provisions.
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763 F.2d 533·
3d Cir.·
1985-06-03
·cited 10×
The court held that a timely petition for review filed after a second Commission order on rehearing tolls the sixty-day period for review of the initial order on rehearing, allowing all issues to be raised.
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472 So. 2d 756·
Fla. 2d DCA·
1985-05-22
·cited 10×
The court held that the Department of Health and Rehabilitative Services' (HRS) denial of a Certificate of Need (CON) to University Community Hospital (UCH) was arbitrary and capricious because HRS failed to consider the special circumstances justifying a previously approved CON
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746 F.2d 1492·
D.C. Cir.·
1984-10-26
·cited 10×
The FCC has jurisdiction to regulate the resale and sharing of intrastate WATS when used to terminate interstate communications, and it did not act arbitrarily by relying on prior factual findings.
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736 F.2d 1094·
5th Cir.·
1984-07-23
·cited 10×
The Commission improperly granted broad motor common carrier authority without requiring the applicant to demonstrate fitness and willingness to transport commodities in bulk.
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732 F.2d 974·
D.C. Cir.·
1984-04-24
·cited 10×
The court held that the Board's rejection of the Star's exceptions as untimely was arbitrary and capricious, given the good-faith effort to file and lack of prejudice to any party.
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429 So. 2d 1306·
Fla. 1st DCA·
1983-04-14
·cited 10×
The court held that the Florida Parole and Probation Commission abused its discretion by arbitrarily extending the presumptive parole release date without sufficient justification.
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676 F.2d 763·
D.C. Cir.·
1982-04-20
·cited 10×
The court affirmed FERC's approval of an end-use curtailment plan that did not require compensation for customers experiencing below-average curtailment, finding it was not arbitrary or capricious and did not violate the Natural Gas Act.
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The court held that the ninety-day period for filing a petition for review begins upon the petitioner's receipt of notice of the agency's denial, not the date of the denial itself, and that Georgia-Pacific waived its right to an adversarial hearing by failing to request one.
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The court held that the Interstate Commerce Commission's (ICC) policy statement allowing private carriers to obtain for-hire operating authority is consistent with the Motor Carrier Act and is rational, and that the ICC's determination not to prepare environmental and energy impa
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642 F.2d 404·
Ct. Cl.·
1981-02-25
·cited 10×
The court held that the Army Board for Correction of Military Records' denial of the plaintiff's application was arbitrary, capricious, and unsupported by substantial evidence, entitling the plaintiff to pay and record correction.
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The Commission acted arbitrarily by improperly shifting the burden of proof to the employer to demonstrate the unpreventability of a supervisory employee's own violation of a safety standard.
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628 F.2d 122·
D.C. Cir.·
1980-04-04
·cited 10×
The court held that the FCC's disqualification of WADECO was arbitrary and excessive given the evidence of confusion and reliance on counsel, rather than intentional fraud.
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The court held that Ohio's contemporaneous objection rule could not be used to deny the retroactive benefit of the Robinson decision, as doing so violated due process.
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The Federal Energy Regulatory Commission acted within its authority by imposing conditions on new natural gas transportation certificates, prioritizing public interest and conservation over existing private contracts during a gas shortage, and these conditions did not unlawfully
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571 F.2d 767·
3d Cir.·
1978-02-13
·cited 10×
The court held that HUD's practice of limiting rent supplements to 60% for some tenants, despite regulations allowing up to 70% and based on tenant income, is unlawful and arbitrary.
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567 F.2d 150·
D.C. Cir.·
1977-12-06
·cited 10×
The court held that the Interstate Commerce Commission's grant of temporary operating authority was arbitrary and capricious due to a lack of adequate supporting data.
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548 F.2d 301·
10th Cir.·
1977-01-14
·cited 10×
A federal employee claiming employment discrimination under Title VII is entitled to a trial de novo in federal court, and discovery should not be unduly limited. However, certain civil service statutes and regulations do not apply to probationary Postal Service employees.
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The court held that the South Carolina Bar Examination's job-relatedness is to be assessed under the Fourteenth Amendment's Equal Protection Clause, and that while the exam generally meets this standard, the grading and application of standards for two individual applicants, Spai
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The court held that the Comptroller's approval of a national bank's branch application was arbitrary and capricious because the Comptroller failed to adequately consider New York's "public convenience and advantage" standard.
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The court held that the FDA's regulation defining an imitation food as a substitute that resembles another food but is nutritionally inferior is a reasonable exercise of the agency's regulatory power and consistent with the Federal Food, Drug, and Cosmetic Act.
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525 F.2d 144·
1st Cir.·
1975-11-14
·cited 10×
The court held that the Secretary did not err in failing to prepare an Environmental Impact Statement because the economic and social consequences cited by the hospital were irrelevant to the Medicare Act's decertification decision. The court also affirmed the dismissal of the eq
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514 F.2d 1003·
Ct. Cl.·
1975-03-19
·cited 10×
The majority opinion erred by requiring the Board's discretionary decision to be supported by substantial evidence, thereby undermining the discretion previously recognized by this court.
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511 F.2d 529·
Ct. Cl.·
1975-02-19
·cited 10×
The court held that the defendant failed to demonstrate that the weighted guidelines for determining fair and reasonable profit were infeasible to apply to the plaintiff's contracts, and thus the plaintiff had a legal right to their application.
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The court held that a plaintiff denied a promotion due to discretionary decisions by agency officials, even if those decisions were erroneous, has no claim for relief if the officials acted in good faith and within their jurisdiction.
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The court held that jurisdiction exists under the Administrative Procedure Act to review the dismissal of a civilian employee of the Department of the Navy.
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373 F.2d 185·
6th Cir.·
1967-01-19
·cited 10×
The court held that the district court correctly conducted a de novo review and properly determined that the Comptroller's decision to authorize a branch bank was not supported by substantial evidence and constituted an abuse of discretion.
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358 F.2d 965·
Ct. Cl.·
1965-12-17
·cited 10×
The court held that the plaintiff is entitled to recover disability retirement benefits because the Board for the Correction of Military Records acted arbitrarily in denying his claim.
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341 F.2d 989·
3d Cir.·
1965-02-16
·cited 10×
The court held that displaced businesses have no right of action against the federal Administrator for relocation payments, but may have a right of action against the local agency, and a prior state court judgment on the issue bars collateral attack.
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309 F.2d 653·
D.C. Cir.·
1962-10-18
·cited 10×
The court held that the Secretary of the Interior has discretion to classify lands and refuse lieu selections if retention in public ownership serves the public interest, and that summary judgment was appropriate.
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A stay of deportation pending appeal should be granted if there is a substantial legal question, and administrative findings contrary to judicially noticed facts are arbitrary.
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A parole warrant issued without any information of a parole violation is arbitrary and capricious, allowing immediate habeas corpus review despite the general rule requiring exhaustion of administrative remedies.
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The court held that the local board's classification was not arbitrary or capricious, and any procedural errors were harmless. The judgment of conviction is affirmed.
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The court held that the Emergency Price Control Act authorizes the Administrator to control the rent of a garage when it is rented in connection with a dwelling house.
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The court held that the district court erred in substituting its judgment for that of the executive department regarding the mineral character of the land.
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The Eleventh Circuit held that 'willfulness' in the context of the Bank Secrecy Act's FBAR penalty statute includes reckless disregard of a known or obvious risk, and that the appellant's actions demonstrated such recklessness, thus affirming the district court's grant of summary
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886 F.2d 194·
8th Cir.·
1989-09-25
·cited 9×
Missouri Medicaid may not deny coverage of AZT to eligible AIDS patients whose physicians certify it as medically necessary, even if the patient does not meet the restrictive criteria in the state regulation based on FDA approval.
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665 F.2d 1284·
D.C. Cir.·
1981-09-23
·cited 9×
The court held that a challenge to EPA's exclusion of fugitive emissions from air pollution standards was timely because it was based on new information regarding technological advancements. The court also found that EPA's decision to address fugitive emissions in a separate rule
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614 F.2d 1121·
7th Cir.·
1980-02-05
·cited 9×
The court held that the Commodity Futures Trading Commission's order reversing an Administrative Law Judge's dismissal was not a final order and therefore not immediately reviewable by the court of appeals.
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The court held that the plaintiff failed to prove his non-renewal was for constitutionally impermissible reasons, affirming the lower court's decision based on factual findings.
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362 F.2d 425·
9th Cir.·
1966-06-14
·cited 9×
The court held that the National Labor Relations Board did not abuse its discretion in asserting jurisdiction over Harrah's Club, and that substantial evidence supported the Board's findings of unfair labor practices.
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The court held that the failure to produce the FBI report did not render the registrant's classification illegal, and that the Selective Service boards' decisions were not arbitrary or capricious.
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The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
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213 So. 3d 703·
Fla.·
2017-03-16
·cited 8×
The Florida Supreme Court reversed the Public Service Commission's approval of Florida Public Utilities Company's petition to recover transmission interconnection construction costs through the fuel adjustment clause, holding that the Commission departed from the essential requir
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The court held that the plaintiff failed to state a cause of action for violation of due process rights and that the regulations were not arbitrary and capricious.
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675 So. 2d 1378·
Fla. 2d DCA·
1996-04-10
·cited 8×
Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
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682 So. 2d 559·
Fla. 1st DCA·
1995-11-16
·cited 8×
The Department of Professional Regulation challenged a hearing officer's decision invalidating rule amendments that required chiropractic college applicants to demonstrate both regional and professional accreditation. The court affirmed, holding that the rule amendments exceeded
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The court held that claims alleging the denial of all economically viable use of land are not ripe until the landowner seeks approval for development under current regulations and is denied. Claims for just compensation are also not ripe until state remedies are exhausted.