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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The court held that the 'all-or-nothing' grading procedure for Part II of the real estate broker's examination was not arbitrary or capricious and did not violate due process.
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600 F.2d 999·
D.C. Cir.·
1979-06-15
·cited 4×
The court held that the ICC's decisions granting and reaffirming Latin Express's application lacked substantial evidentiary support due to the Commission's failure to investigate serious allegations of misconduct and financial fitness.
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A subsequent motion to vacate sentence under 28 U.S.C. § 2255, even if based on an intervening parole denial, may be dismissed as successive if it raises the same grounds previously denied on the merits and presents no new law or facts.
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588 F.2d 267·
9th Cir.·
1978-11-30
·cited 4×
The court held that the government's order to remove privately-owned docks and houseboats from Lake Berryessa was not an unconstitutional taking, nor was it subject to estoppel, arbitrary agency action, or NEPA requirements.
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The court held that the Interstate Commerce Commission provided a rational basis supported by substantial evidence for partially denying Shaw's application for common carrier authority and properly refused to take official notice of Shaw's temporary authority.
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585 F.2d 955·
10th Cir.·
1978-09-13
·cited 4×
The court held that the Forest Service's denial of a special use permit for ski instruction, based on a 'single permittee' policy, was within the scope of the Secretary's broad authority and did not violate antitrust laws, as the agency acted under a federal regulatory scheme.
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584 F.2d 550·
D.C. Cir.·
1978-08-29
·cited 4×
The court held that the FCC's denial of reconsideration was improper due to subsequent events and that the case should be remanded for the FCC to consider Folkways' post-decisional amendment in light of its precedent.
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584 F.2d 1084·
D.C. Cir.·
1978-08-22
·cited 4×
The court held that the Commission acted arbitrarily by rejecting Public Service's rate filing based on an interpretation of its regulations that had not been clearly communicated and was contrary to its established practice.
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The court held that the FCC's determination that New Jersey's television service allocation did not violate section 307(b) was not arbitrary, capricious, or an abuse of discretion, and that the imposed special service obligation was a reasonable remedy.
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The court should have allowed rate bureaus to protest independent action proposals of member carriers, as this right is established by statute and prior ICC practice.
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The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.
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523 F.2d 1311·
6th Cir.·
1975-10-02
·cited 4×
The court held that the transfer of a government employee without reduction in rank or pay is not an adverse action, and discharge for refusing such a transfer is not arbitrary or capricious, provided proper procedures are followed.
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The appellate court affirmed the trial court's denial of certiorari, holding that the trial court did not err in refusing to supplement the record with subsequent zoning decisions to prove arbitrary conduct.
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The court held that the language in the pension fund rules did not constitute a per se violation of the National Labor Relations Act, as there was no evidence of actual discrimination.
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The court held that the Secretary of HUD's approval of open-space land conversion was invalid because the administrative record did not demonstrate compliance with the statutory requirement to find the conversion was in accord with the applicable comprehensive plan.
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450 F.2d 1121·
Ct. Cl.·
1971-11-12
·cited 4×
The court held that the plaintiff failed to meet his burden of proving his disabilities rendered him unfit for full military duty at the time of his retirement, and thus the Correction Board's decision was not arbitrary or capricious.
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448 F.2d 637·
4th Cir.·
1971-09-14
·cited 4×
The court held that the Comptroller acted arbitrarily and capriciously by approving a branch bank application without making the findings required by North Carolina law.
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441 F.2d 1329·
3d Cir.·
1971-04-30
·cited 4×
The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction because the FCC's proposed rules were not final and the FCC had not acted arbitrarily or with dilatory tactics.
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440 F.2d 266·
D.C. Cir.·
1971-02-19
·cited 4×
The court held that the FCC acted arbitrarily in denying Channel 16's application for an extension of its construction permit, as the ongoing uncertainty regarding CATV policy constituted 'other matters sufficient to justify an extension'.
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D.D.C.·
1970-04-27
·cited 4×
The court held that the Civil Aeronautics Board's order denying supplemental air carrier charter services to corporate stockholders was not arbitrary or irrational agency action.
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The court held that the district court correctly dismissed the action for lack of jurisdiction because subsequent amendments to the Housing Act withdrew jurisdiction from the courts to review administrative determinations regarding relocation payments.
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392 F.2d 224·
Ct. Cl.·
1968-03-15
·cited 4×
The court held that the plaintiff failed to exhaust administrative remedies, and therefore, the court suspended proceedings to allow the plaintiff to seek administrative relief.
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369 F.2d 404·
3d Cir.·
1966-12-29
·cited 4×
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The court held that the administrative record supported a genuine reorganization and that newly discovered evidence was not material enough to alter the outcome.
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344 F.2d 810·
9th Cir.·
1965-04-15
·cited 4×
The court held that the Commission acted arbitrarily in its calculation of federal income tax by failing to adjust depreciation for the overall operation when using a figure derived from that operation to tax the seasonal service. The court affirmed the Commission's actions regar
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A county superintendent lacks the authority to contractually bind the free high school tuition fund for tuition payments when statutory procedures are not followed, precluding quantum meruit recovery.
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333 F.2d 689·
9th Cir.·
1964-06-08
·cited 4×
The court held that the Federal Power Commission could require Pacific Power & Light to construct a fish hatchery and reimburse the state for 80% of its operating costs, but remanded the issue of costs for the egg-taking facilities.
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Phillip Glaser sought a writ of mandamus to compel the Florida State Board of Dental Examiners to issue him a dental license after he failed the required examination. The court affirmed the denial of mandamus, holding that Glaser failed to meet his burden of proving both that he
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304 F.2d 145·
3d Cir.·
1962-06-06
·cited 4×
The court held that the District Court had jurisdiction to entertain the declaratory judgment action and that the Immigration Service's requirement of five years of journeyman tailor experience after age 21 was a valid exercise of discretion.
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302 F.2d 330·
4th Cir.·
1962-05-07
·cited 4×
The court held that the National Labor Relations Board improperly determined that a small group of maintenance electricians constituted a separate bargaining unit in an integrated plant.
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The court held that the Secretary of the Navy and the Board for the Correction of Naval Records did not act arbitrarily in denying the plaintiff's request for reenlistment and transfer to the Fleet Reserve.
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The court held that the agency's refusal to recommend plaintiff for conversion to competitive status, based solely on his failure to sign a blank resignation, was an arbitrary abuse of discretion, entitling him to back pay.
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170 F.2d 998·
2d Cir.·
1948-12-03
·cited 4×
The court held that the inspector's action in detaining the seaman for deportation was arbitrary and capricious, lacking sufficient basis in the seaman's actual conduct and intent.
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160 Fla. 136·
Fla.·
1948-02-13
·cited 4×
In this contract dispute, the Florida Supreme Court affirmed that a promissory note for agricultural credit contained a condition subsequent (not a condition precedent) for the borrowers' benefit, and that the borrowers must affirmatively plead and prove arbitrary refusal of cert
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The court held that a buyer has standing to protest a regulation that prevents them from paying more than the ceiling price for a commodity, even if they wish to pay more.
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The court held that the Administrator's determination of maximum rental rates for Gable Lodges was supported by substantial evidence and not arbitrary or capricious.
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The court held that the War Food Administrator's discretionary assignment of inspectors was not an abuse of power, and the subordinate official could be enjoined without joining the Administrator if the action was void, but here it was not.
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The court held that the denial of the petitioner's permit applications was proper under the Federal Alcohol Administration Act, both due to the prior convictions of the corporation's principal stockholders and their demonstrated unsuitability for operations.
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The City of St. Pete Beach and a property owner sought certiorari review of a circuit court order that quashed a building permit. The Florida District Court of Appeal reversed, holding that the issuance of a building permit is an executive decision not reviewable by certiorari, a
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An ordinance provision permitting the Planning and Zoning Agency to impose conditions on special use approvals is facially constitutional when read in context with the code's definition of special use, which requires that uses be controlled "in relation to the neighborhood" to pr
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991 F.2d 1146·
3d Cir.·
1993-04-23
·cited 3×
The court held that the National Labor Relations Board did not err in certifying a skilled maintenance unit and in refusing an evidentiary hearing on election objections, upholding the Board's order finding the hospital violated the NLRA by refusing to bargain.
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The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
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The court held that the definition of a 'counterfeit' trademark under 19 U.S.C. § 1526(e) should be applied from the standpoint of an average purchaser, and the comparison should be made with the mark on actual merchandise, not just the registration certificate.
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Blood Service Plan Insurance Company appealed the State Insurance Commissioner's denial of its application for a Certificate of Authority to conduct disability insurance business in Florida. The court reversed, holding that the Commissioner exceeded his jurisdiction by imposing r
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New York statutes and regulations creating a complex scheme to prevent the appointment or retention of 'subversive' persons in state employment are unconstitutional due to vagueness and overbreadth, violating First Amendment freedoms.
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The Florida Commissioner of Agriculture appealed a declaratory decree classifying celery producer A.J. Sullivan as a 'new producer' under a state marketing order. The court held the marketing order's definition of 'producer' was unreasonable as applied to Sullivan but reversed th
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A registrant's belief in self-defense or willingness to work in a war industry does not, as a matter of law, preclude classification as a conscientious objector.
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The court held that the Administrator's classification and price setting for meat retailers under MPR 355, as amended, were not arbitrary or capricious and complied with the Emergency Price Control Act.
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2021 WL 149265·
M.D. Fla.·
2024-09-11
·cited 2×
The court affirmed the agency's denial of Medicare coverage, holding that Encompass failed to adequately explain its reasons for appeal as required by regulation and that the ALJ decisions were supported by substantial evidence.