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
-
A district court has the inherent power to grant bail in a habeas corpus proceeding brought by a parolee, provided exceptional circumstances are shown.
-
The court affirmed the district court's grant of summary judgment, finding the ATF Director's denial of relief from federal firearms disability was not arbitrary, capricious, or unsupported by substantial evidence.
-
The court held that the Secretary's denial of promotion was not arbitrary or capricious, and that the term 'grade' in retirement statutes refers to 'officer grade,' not 'pay grade.'
-
The court held that co-trustees breached their fiduciary duty by filing individual offers in the same drawing as the trust they managed, thereby increasing the trust's probability of success and violating the multiple filings regulation.
-
708 F.2d 880·
2d Cir.·
1983-05-25
·cited 2×
The court held that New York City Health and Hospitals Corporation (HHC) failed to establish a facial conflict between the state's length of stay (LOS) disallowance and the PSRO Act, and that other claims required proof of actual reasonable costs, which HHC declined to provide.
-
694 F.2d 966·
4th Cir.·
1982-12-10
·cited 2×
The court held that the contractor's claim of arbitrary agency action was foreclosed by a prior appellate decision allowing amendment of charges.
-
The court held that the EPA's approval of Connecticut's Energy Trade Program revision to its State Implementation Plan was not arbitrary, capricious, or contrary to law.
-
The court held that the City's determination that the apartment constituted two dwelling units was reasonable and not arbitrary, and that the applicant failed to meet the conditions for a variance.
-
A disappointed bidder cannot recover proposal preparation expenses based solely on violations of a procurement manual that does not confer rights upon bidders, absent a showing of substantial prejudice or arbitrary and capricious action by the government.
-
The court held that the district court erred in reversing the Board of Land Appeals' decision, finding that the Board did not abuse its discretion in denying reinstatement of the oil and gas leases.
-
The court held that the Civil Aeronautics Board (CAB) acted within its authority in approving 'group contractor fares' and that its decision was reached in accordance with the Administrative Procedure Act.
-
The court held that the employee was denied due process because he was not given a full opportunity to respond to the charge of violating accounting procedures after the original conversion charge was found unproven.
-
The court held that the EPA's use of air quality modeling, specifically the MAXT-24 model, was permissible under the Clean Air Act for designating attainment/nonattainment status, even when conflicting monitoring data existed, and that the agency's consideration of future growth
-
633 F.2d 1079·
4th Cir.·
1980-10-09
·cited 2×
The court held that the district court lacked subject matter jurisdiction to review the National Labor Relations Board's decision regarding a decertification petition, as the Board's investigation, though selective, was not arbitrary.
-
The regulation is valid because the hospital, as the primary participant in a scheme to overcharge Medicare Part B patients, can have those overpayments deducted from its Medicare Part A reimbursement.
-
618 F.2d 1138·
5th Cir.·
1980-06-12
·cited 2×
The court held that the Federal Energy Regulatory Commission's denial of special relief from refund obligations was not arbitrary, capricious, or unduly discriminatory, and affirmed the Commission's order.
-
The court held that the Comptroller's decision to authorize a branch bank facility adjacent to Rensselaer, Indiana, was arbitrary, capricious, and not in accordance with law because the site was not located 'in a town' as required by Indiana law.
-
621 F.2d 373·
Ct. Cl.·
1980-04-02
·cited 2×
The court held that the plaintiff, as a TAR officer with tenure, was entitled to notice and an opportunity to be heard before being released from active duty, and that the correction board erred in denying his application without a hearing.
-
608 F.2d 1376·
D.C. Cir.·
1979-09-18
·cited 2×
The court held that the FDA's denial of Rhodia's supplemental NADA applications, based on a policy that adding new suppliers would increase the risk of human exposure to drug residues, was arbitrary and capricious.
-
Dade County challenged a circuit court appellate division decision that quashed a zoning resolution denying Valdes' request to rezone his property from residential (RU-2) to semi-professional office use (RU-5). The Florida District Court of Appeal reversed, holding that the zonin
-
586 F.2d 774·
Ct. Cl.·
1978-10-18
·cited 2×
The court held that the Maritime Administration's (MARAD) determination of subsidy rates was arbitrary and capricious, and procedurally defective, entitling the plaintiff to recover higher subsidy rates for the years 1962-1968.
-
The court held that the Committee's determination to add floor wax to the procurement list was not arbitrary or capricious, as a rational basis existed for finding the Center capable of production and that the set-aside would not have a serious adverse impact on Barrier.
-
The court held that the government's award of a contract to the lowest bidder was reasonable, even though the bidder used a novel method for calculating man-hours and did not submit a manning chart for every day type used in its calculation, as the bidder provided sufficient just
-
569 F.2d 742·
3d Cir.·
1977-12-13
·cited 2×
The ICC exceeded its statutory authority by denying temporary operating authority based on the transferor's alleged misconduct rather than the statutory standards of property injury or service interference.
-
555 F.2d 1265·
5th Cir.·
1977-07-15
·cited 2×
The court held that the ICC's denial of the gateway elimination application was arbitrary and capricious, warranting remand for reconsideration with additional evidence.
-
567 F.2d 91·
D.C. Cir.·
1977-06-29
·cited 2×
The court held that the Interstate Commerce Commission's refusal to consider military traffic in gateway elimination proceedings was arbitrary and capricious.
-
The Fourth District Court of Appeal reversed the dismissal of a complaint's second count alleging that the Director of the Department of Revenue failed to properly supervise the tax assessor's appraisal of real property, finding the allegations sufficient to state a cause of acti
-
The court held that while the statute does not explicitly grant authority for retroactive suspension, the retroactive suspension of the teaching certificate was not an abuse of discretion or arbitrary and capricious.
-
The appellate court reversed a directed verdict for the plaintiff bank, reinstating a jury verdict in favor of the defendant Mrs. Johnson on the bank's claim to set aside checks and on Mrs. Johnson's counterclaim for a stopped payment check.
-
520 F.2d 1240·
1st Cir.·
1975-08-13
·cited 2×
The court held that the Civil Aeronautics Board improperly deleted municipalities from an airline's certificate without adequately considering the public interest in a suspension/substitution arrangement.
-
The court held that the Secretary of the Interior's interpretation of the tribal constitution's future membership provisions was not arbitrary or capricious and thus affirmed the district court's decision.
-
The court held that the shipowner's conduct in handling the seaman's claim for maintenance and cure was not arbitrary or capricious, thus precluding an award of attorney's fees.
-
The court held that the transfer of appellate jurisdiction was permissible and that the appellant's grievance regarding placement on the 'best qualified' list was satisfied, thus affirming the dismissal of his complaint.
-
The court held that the assessment weighting formula used by the Railroad Assessment Board was arbitrary and capricious, and that the Chancellor correctly included the depreciated value of leased equipment and deducted non-operating properties.
-
A federal court cannot review a state supreme court's judgment for mere error, even if it involves factual findings, unless the state court acted arbitrarily and capriciously, violating due process.
-
The Federal Power Commission did not err in ordering the elimination of unlawful contract provisions without an additional hearing to refix rates.
-
370 F.2d 54·
1st Cir.·
1966-12-20
·cited 2×
The court held that the National Labor Relations Board's determination of an appropriate bargaining unit, which included truck drivers, lacked a rational factual basis and was potentially arbitrary and capricious.
-
-
The court held that a landowner's personal financial hardship, not stemming from the property's exceptional characteristics, is insufficient to justify a zoning variance.
-
A mandamus proceeding challenging the county assessor's refusal to adopt valuations from an incomplete countywide reassessment program for the 1961 tax roll. The court held that the assessor has discretionary authority to reject reappraisal valuations and that mandamus does not l
-
-
The court held that a suit to enjoin tax collection requires more than alleging arbitrary or capricious assessment; the tax itself must be illegal, and special circumstances must exist.
-
257 F.2d 630·
D.C. Cir.·
1958-05-22
·cited 2×
The court should not substitute its judgment for the FCC's expert determination regarding experimental broadcast operations and potential interference.
-
244 F.2d 723·
Emer. Ct. App.·
1957-05-09
·cited 2×
Amendment 1 to Ceiling Price Regulation 87 was invalid because it was discriminatory and failed to reasonably effectuate the purposes of the Defense Production Act.
-
The court held that the provisions of Table II of Ceiling Price Regulation 2, Revision 1, requiring carload lots for 'selected' hide prices were invalid as applied to complainant's sales of less-than-carload lots to a tanner-manufacturer.
-
219 F.2d 811·
9th Cir.·
1955-01-10
·cited 2×
The court affirmed the Interstate Commerce Commission's finding of no undue discrimination, deferring to the Commission's review of the examiner's recommendation.
-
The court held that the Selective Service Appeal Board's classification was arbitrary and capricious because it failed to properly consider the registrant's claim for conscientious objector status.
-
206 F.2d 473·
D.C. Cir.·
1953-06-30
·cited 2×
The court held that O'Boyle's operations adjacent to Bolling Field did not constitute a physical operation through the common point required for tacking separate authorities, thus violating the Interstate Commerce Act.
-
199 F.2d 539·
8th Cir.·
1952-10-28
·cited 2×
The court held that the District Court had jurisdiction over tenant actions under the Housing and Rent Act of 1947, and that retroactive rent orders were valid even without a landlord's registration, but reversed the award of treble damages as potentially erroneous.
-
The court held that the unit's right to exclusive possession and operation of the well and equipment for the Hunton formation was paramount, and continued Bartlesville production interfered with unit operations, justifying injunctive relief.