Arbitrary And Capricious Agency Action

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

• Tomanio v. The Bd. OF Regents OF the Univ. OF the State OF NEW York
  603 F.2d 255· 2d Cir.· 1979-06-19 ·cited 6×·via Arbitrary And Capricious Action
  The court held that a chiropractor denied a waiver of licensing requirements without a hearing and statement of reasons is entitled to procedural due process.
• Pre-Fab Transit Co. v. United States & Interstate Commerce Comm'n
  595 F.2d 384· 7th Cir.· 1979-03-30 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the ICC's denial of Pre-Fab's application was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion, even if it arguably departed from prior precedent.
• Martin v. Harrah Indep. Sch. Dist.
  579 F.2d 1192· 10th Cir.· 1978-06-30 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the school board's decision to non-renew the plaintiff's contract, based on a shortened compliance period for continuing education credits due to her prior lawful choices, violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.
• Schwartz v. Fed. Energy Regulatory Comm'n
  578 F.2d 417· D.C. Cir.· 1978-05-09 ·cited 6×
  The court held that the Federal Power Commission's denial of an employee's request for leave without pay and the subsequent grievance procedures were not improper or unconstitutional.
• Int'l Bus. Machs. Corp. v. Fed. Commc'ns Comm'n & United States
  570 F.2d 452· 2d Cir.· 1978-02-06 ·cited 6×·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The FCC's order permitting AT&T to market the Dataspeed 40/4 is sustained because the device was correctly classified as a communications service, and AT&T's tariff submission substantially complied with regulatory requirements.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Planning & Zoning Bd. OF the Town OF Orange Park v. Eager
  351 So. 2d 402· Fla. 1st DCA· 1977-11-07 ·cited 6×·via Arbitrary And Capricious Action
  Florida appellate court reversed a circuit court's grant of certiorari to the planning and zoning board, holding that the property owners failed to exhaust administrative remedies by appealing to town council before seeking judicial review, and the board's denial of the zoning ex
• Marshall v. Dist. OF Columbia Gov't
  D.D.C.· 1977-04-26 ·cited 6×·via Arbitrary And Capricious Action
  The court affirmed the dismissal of claims related to grooming regulations and the bankruptcy rule's impact on hiring due to lack of jurisdiction, but remanded for further consideration of jurisdictional issues related to a statutory amendment.
• Amoco OIL Co. v. Env't Prot. Agency
  543 F.2d 270· D.C. Cir.· 1976-07-06 ·cited 6×
  The court held that the EPA regulation imposing strict vicarious liability on lessors for the negligent acts of their lessee retailers is an unlawful overreach of the Administrator's statutory authority.
• Meva Corp. v. The United States
  511 F.2d 548· Ct. Cl.· 1975-02-19 ·cited 6×
  The court held that the Contracting Officer acted arbitrarily and capriciously in denying the plaintiff's requests to substitute a subcontractor, constituting a breach of contract, and that the plaintiff's claim was not barred by estoppel or waiver.
• Reubin O'D Askew v. Bevis
  283 So. 2d 337· Fla.· 1973-09-28 ·cited 6×
  The Florida Supreme Court upheld the Public Service Commission's authority to grant a rate increase to Florida Telephone Corporation despite finding the company's service inadequate, conditioning the increase on the company's achievement of service improvements within two years.
• White v. United States Civil Serv. Comm'n
  468 F.2d 1357· 9th Cir.· 1972-11-09 ·cited 6×
  The court held that the Civil Service Commission's determination regarding the classification of the appellants' positions was not arbitrary and was supported by substantial evidence.
• Jemco Mastercraft Homes, Inc. v. Metro. Dade Cnty.
  267 So. 2d 873· Fla. 3d DCA· 1972-10-17 ·cited 6×·via Arbitrary And Capricious Action
  The court affirmed the denial of certiorari review where a developer's request to rezone designated parkland for office construction was properly denied by the County Commission as neither arbitrary nor discriminatory.
• Sierra Club & Citizens for Clean Air & Water v. Hickel
  467 F.2d 1048· 6th Cir.· 1972-09-22 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the district court properly dismissed the amended complaint on the grounds of sovereign immunity and unreviewable agency discretion, as the relief sought would require the disposition of sovereign property.
• Allegheny Airlines, Inc. v. Civil Aeronautics Bd.
  465 F.2d 778· 4th Cir.· 1972-07-27 ·cited 6×
  The court held that the Civil Aeronautics Board's order requiring Allegheny to refund subsidy payments based on tax refunds from later loss years was arbitrary and unenforceable.
• United States ex rel. Arthur Kameshka v. Col. Donald F. Neff
  446 F.2d 1164· 3d Cir.· 1971-08-17 ·cited 6×
  The court held that the Selective Service board's denial of a II-A occupational deferment was arbitrary and without a basis in fact, requiring reversal of the lower court's decision.
• Midwest Video Corp. v. United States & Fed. Commc'ns Comm'n
  441 F.2d 1322· 8th Cir.· 1971-05-13 ·cited 6×
  The FCC's order compelling CATV systems to originate programming is confiscatory and arbitrary at this time, despite the FCC's general authority over CATV.
• Cheng Yih-Chun v. The Fed. Reserve Bank OF NEW York & the Sec'y of the Treas. of the United States
  442 F.2d 460· 2d Cir.· 1971-04-28 ·cited 6×
  The court held that the Power of Attorney did not transfer beneficial interest and the subsequent unlicensed transfer was void, thus the assets remained blocked and plaintiff was not entitled to them or a license.
• Orange Cnty. v. Allie
  238 So. 2d 662· Fla. 4th DCA· 1970-08-31 ·cited 6×·via Arbitrary And Capricious Action
  The Orange County Board of County Commissioners cannot refuse to appropriate funds for personnel hired by the Orange County Budget Commission, as the Commission has the sole authority to determine its staffing needs.
• Cmty. Television, Inc. v. United States & Fed. Commc'ns Comm'n
  404 F.2d 771· 10th Cir.· 1969-01-03 ·cited 6×
  The court held that the FCC's denial of a waiver for a CATV system to duplicate translator signals was not arbitrary and capricious, nor was it improper to deny the waiver without a hearing.
• McCARTHY v. Noren
  370 F.2d 845· 9th Cir.· 1966-11-08 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the second lawsuit was barred by res judicata because it involved the same parties and subject matter as the first lawsuit, even though it asserted a different legal theory.
• Norfolk Dredging Co. v. The United States
  360 F.2d 619· Ct. Cl.· 1966-05-13 ·cited 6×
  The court held that the plaintiff's use of a floating pipeline did not constitute a changed condition under the contract, as the specifications allowed for flexibility in placement methods and did not prohibit such a device. The court also found that the Board of Contract Appeals
• Mitchell v. Parham
  357 F.2d 723· 10th Cir.· 1966-03-08 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the appellant failed to state a cause of action, thus affirming the dismissal of the complaint.
• Colbath v. The United States
  341 F.2d 626· Ct. Cl.· 1965-02-19 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the Civil Service Commission's regulations and circulars regarding transfers of functions were valid, and the Navy's decision to separate employees who declined to transfer was a proper exercise of discretion.
• Schiffman v. The United States
  319 F.2d 886· Ct. Cl.· 1963-07-12 ·cited 6×
  The court held that the plaintiff's claim for the difference in retirement pay was not barred by the statute of limitations because the finality of the initial administrative decision was undermined by subsequent changes in policy and law, allowing for reconsideration.
• N. Beach Yellow CAB Co. v. Vill. OF BAL Harbour
  135 So. 2d 4· Fla. 3d DCA· 1961-11-30 ·cited 6×·via Arbitrary And Capricious Action
  The court held that a municipality has the discretion to refuse to renew taxi permits, and courts will not substitute their judgment for that of the municipality absent proof of fraud or wrongdoing.
• Nat'l Labor Relations Bd. v. Indus. Rayon Corp.
  291 F.2d 809· 4th Cir.· 1961-06-12 ·cited 6×
  The court held that the National Labor Relations Board's order requiring the employer to bargain with District 50 should not be enforced because the Board acted arbitrarily in applying its 'traditional union' test inconsistently.
• City OF ANN Arbor v. Nw. Park Constr. Corp.
  280 F.2d 212· 6th Cir.· 1960-06-21 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the rezoning ordinance was valid because the property owner did not acquire vested rights and the procedural requirements for enactment were met, despite the ordinance being passed less than thirty days after the report request.
• Mohawk Ref. Corp. v. Fed. Trade Comm'n
  263 F.2d 818· 3d Cir.· 1959-02-12 ·cited 6×
  The court held that the failure to disclose that motor oil was re-refined from used oil, when sold in containers appearing to hold new oil, constituted a deceptive practice under the FTC Act, even if the re-refined oil was of equal quality.
• Neal v. United States
  203 F.2d 111· 5th Cir.· 1953-03-26 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the administrative proceedings were not void and that the denial of ministerial classification was not arbitrary or capricious, thus affirming the conviction.
• Norman-Frank, Inc. v. Arnall
  196 F.2d 502· Emer. Ct. App.· 1952-05-02 ·cited 6×
  The court held that the regulation was valid, rejecting procedural and substantive challenges, and that the confiscatory claim could not be determined on the pleadings.
• United Detroit Theatres Corp. v. Fed. Commc'ns Comm'n (Wxyz, Inc.
  178 F.2d 700· D.C. Cir.· 1949-08-01 ·cited 6×
  The court held that the FCC's delay in acting on appellant's application was justified by ongoing investigations involving affiliated applicants, and that expired construction permits do not automatically revert to pending applications.
• Fleet-Wing Corp. v. Clark
  166 F.2d 145· Emer. Ct. App.· 1948-02-20 ·cited 6×
  The court held that the complainant failed to exhaust administrative remedies and that the OPA regulation, as interpreted, was not arbitrary or discriminatory.
• Utah Junk Co. v. Fleming
  159 F.2d 440· Emer. Ct. App.· 1946-12-19 ·cited 6×
  A regulation is invalid ab initio as to any person entitled to adjustments if it fails to avoid manifest inequities in exceptional cases.
• G. R. Kinney Co., Inc. v. Porter
  157 F.2d 683· Emer. Ct. App.· 1946-10-21 ·cited 6×·via Arbitrary And Capricious Action
  The court held that Maximum Price Regulation No. 602 is invalid because it arbitrarily and capriciously discriminates against chain stores by providing them with only one maximum price for nylon hosiery, while allowing other retailers two different maximum prices based on their s
• United States ex rel. Woodard v. Deahl
  151 F.2d 413· 8th Cir.· 1945-10-27 ·cited 6×·via Arbitrary And Capricious Action
  Failure to provide a registrant with notice of an appeal to the President, or the inclusion of potentially irrelevant statements in the appeal file, are procedural irregularities that do not divest the President of jurisdiction, especially when no prejudice is shown.
• Sullivan v. Swatzka
  148 F.2d 965· 9th Cir.· 1945-05-01 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the draft boards' denial of agricultural deferment was not arbitrary and did not deny due process, despite conflicting evidence.
• Taylor Inv., Ltd. v. Upper Darby Twp.
  983 F.2d 1285· 3d Cir.· 1993-01-25 ·cited 5×·via Arbitrary And Capricious Action
  The appellate court held that the plaintiffs' civil rights claims were not ripe for judicial review because they had not allowed the local zoning authorities to reach a final decision on the matter. The court vacated the district court's judgment and remanded with instructions to
• City OF Mount Clemens v. United States Env't Prot. Agency
  917 F.2d 908· 6th Cir.· 1990-10-25 ·cited 5×
  The court held that the district court erred in granting summary judgment for failing to exhaust administrative remedies, but correctly denied the preliminary injunction and limited discovery.
• W. Tex. Transmission, L.P. v. Enron Corp.
  907 F.2d 1554· 5th Cir.· 1990-08-09 ·cited 5×
  The court held that Valero's right of first refusal was subject to the FTC approval condition, and the FTC acted within its statutory authority in disapproving the sale to Valero.
• E. Carolinas Broad. Co. v. Fed. Commc'ns Comm'n
  D.D.C.· 1985-05-17 ·cited 5×
  The court held that while the FCC's reliance on 47 U.S.C. § 402(h) to reject new evidence was arbitrary and capricious, this error was harmless because the FCC's ultimate decision was independently supported. The court affirmed the FCC's refusal to hold a hearing on cumulative im
• NEW Mexico Navajo Ranchers Ass'n v. Interstate Commerce Comm'n & the United States
  702 F.2d 227· D.C. Cir.· 1983-03-01 ·cited 5×
  The ICC erred by failing to require detailed financial projections for the rail line's operation and by improperly deferring consideration of Navajo allegations of misconduct in obtaining rights-of-way.
• Scottsdale Mall v. State OF Ind. & Ind. State Hwy. Comm'n
  549 F.2d 484· 7th Cir.· 1977-02-16 ·cited 5×
  A state highway project that has received substantial federal involvement through programming, location, design, preliminary engineering, and right-of-way acquisition stages is considered a "major federal action" requiring compliance with the National Environmental Policy Act (NE
• Nat'l Labor Relations Bd. v. Fleetwood Trailer Co., Inc.
  366 F.2d 126· 9th Cir.· 1966-09-08 ·cited 5×
  The dissenting judge would hold that reinstatement applications of economic strikers should remain effective until normal production creates the necessity to reopen jobs that have not been abolished or permanently absorbed.
• Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs
  401 F. Supp. 2d 1298· S.D. Fla.· 2005-09-30 ·cited 4×
  The court held that the Corps' decision to issue a permit without preparing an Environmental Impact Statement was not arbitrary or capricious, as the project was found to have independent utility and no significant environmental impact.
• Langmead v. Admiral Cruises, Inc.
  696 So. 2d 1189· Fla. 3d DCA· 1997-05-14 ·cited 4×·via Arbitrary And Capricious Action
  Langmead, a cruise ship entertainer, appealed after a new trial was granted on her Jones Act negligence and maintenance and cure claims against Admiral Cruises following a jury verdict awarding her $965 in actual damages and $3.5 million in punitive damages. The appellate court r
• New Port Largo, Inc. v. Monroe Cnty.
  873 F. Supp. 633· S.D. Fla.· 1994-12-21 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the plaintiff's Fifth Amendment takings claim was not ripe because it failed to exhaust state remedies for inverse condemnation. However, the due process claims were ripe.
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×·via Arbitrary And Capricious Action
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Marshall Cnty. Health Care Auth. v. Shalala
  988 F.2d 1221· D.C. Cir.· 1993-03-19 ·cited 4×
  The court held that a district court can properly consider the merits of an agency action on a motion to dismiss when the issue is purely legal, and that the Secretary's decision not to grant exceptions to Medicare reimbursement classifications is reviewable under the APA.
• Geilher Molina v. Immigr. & Naturalization Serv.
  981 F.2d 14· 1st Cir.· 1992-12-04 ·cited 4×
  The court held that the Board of Immigration Appeals and the INS Legalization Appeals Unit lawfully denied the petitioner's request for amnesty and ordered his deportation, finding his drug convictions valid under federal immigration law.