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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A nontenured teacher's nonrenewal is not a deprivation of liberty or property interests protected by the Fourteenth Amendment unless the reasons for nonrenewal impose a stigma that forecloses future employment opportunities.
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The court held that the Price Administrator's Maximum Rent Regulation No. 5 was not arbitrary or capricious, and the landlord failed to meet his burden of proof to establish otherwise.
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The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
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749 F.2d 788·
D.C. Cir.·
1984-11-30
·cited 50×
The court held that the District Court erred by reviewing the case without the full administrative record, and remanded for consideration of the complete record and proper application of APA and Medicare Act standards.
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698 F.2d 193·
3d Cir.·
1983-01-17
·cited 50×
The government's position in the entire proceedings was substantially justified, despite losing on one issue.
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The court held that a union's subsequent collaboration with an employer to modify a prior arbitration award, without notice to affected junior employees, constituted a breach of the union's duty of fair representation and a breach of the collective bargaining agreement by the com
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A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
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459 F.2d 1183·
D.C. Cir.·
1972-03-14
·cited 50×
A non-resident alien corporation has standing to challenge an agency's contract award decision under the Administrative Procedure Act, and sovereign immunity is waived by the Act's provision for judicial review.
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The court held that while competing banks have standing to challenge illegal acts of the Comptroller, neither the National Banking Act nor the Administrative Procedure Act requires a formal adversary hearing for the processing of a national bank charter application.
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The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
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Wood-Hopkins Contracting Company and Jacksonville Electric Authority appealed trial court judgments that enjoined JEA from awarding a thermal discharge unit construction contract to Wood-Hopkins and mandated award to the lowest bidder, Roger J. Au & Son, Inc. The appellate court
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The court held that the district court lacked subject-matter jurisdiction because the dispute was a contract action falling under the Tucker Act, not agency action reviewable under the APA, and thus the injunction was improper.
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The court held that the Regional Director's determination of election objections was final and binding, and the election results were valid despite alleged threats.
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109 So. 2d 883·
Fla.·
1959-02-25
·cited 48×
Motor freight carriers challenged an order by the Florida Railroad and Public Utilities Commission regulating household goods carriers' leasing practices, equipment domiciling, and agent activities. The Florida Supreme Court upheld the Commission's authority to promulgate these r
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Adjoining property owners have a right to intervene in a suit to enjoin a zoning order if their interests may be inadequately represented by existing parties and their application is timely.
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Merritt challenges a county zoning regulation limiting commercial signs to 40 square feet as an unconstitutional exercise of police power. The Florida Supreme Court upholds the regulation, holding that aesthetic considerations constitute a valid basis for zoning restrictions affe
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The court held that the petitioner's claim of punishment without any evidence is cognizable in habeas corpus and not barred by res judicata, collateral estoppel, controlling weight, or waiver, and is not foreclosed by the nonretroactivity of Wolff v. McDonnell.
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The court held that the registrant's claims of arbitrary classification and denial of a full and fair hearing were without merit, and that the appeal board's classification had a basis in fact.
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The court held that the local board's failure to consider the registrant's change in status and its premature issuance of an induction order violated his procedural rights under Selective Service Regulations.
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The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
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594 F.2d 824·
Ct. Cl.·
1979-02-21
·cited 44×
The court held that the Air Force violated its own regulations and statutes in rating the plaintiff, leading to his illegal separation, and that the Correction Board's denial of relief was arbitrary and capricious.
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586 F.2d 1007·
4th Cir.·
1978-11-17
·cited 44×
The court held that the Civil Service Commission Appeals Review Board's dismissal sanction was within its discretion.
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722 F.2d 779·
D.C. Cir.·
1983-11-29
·cited 43×
The court held that the district court properly dismissed the action for lack of personal jurisdiction over indispensable private defendants and for substantive defects in the claims against the government.
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Municipal officials' deliberate and arbitrary abuse of power to deny a building permit can violate substantive due process, but mere delays in issuing permits do not constitute an unconstitutional taking of property.
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The FAA has the authority to grant exemptions from noise regulations, but its application of exemption criteria was arbitrary and capricious due to inconsistency. The court vacates the agency's actions and remands for consistent proceedings.
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The court held that a union's refusal to provide a staff attorney to a non-member within the bargaining unit, when it provides such services to members, constitutes a breach of the duty of fair representation, and that the System Board's decision was not invalidated by the union'
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603 F.2d 914·
D.C. Cir.·
1979-02-26
·cited 42×
The court held that the Army's violation of 10 U.S.C. § 266 was not rendered meaningless by subsequent 'relook boards' and that a new argument raised in a second petition for rehearing would not be considered.
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566 F.2d 312·
D.C. Cir.·
1977-10-03
·cited 42×
The court held that an officer discharged after being twice passed over for promotion, despite minor errors in his personnel file, was not entitled to a new review or due process hearing, and had failed to exhaust administrative remedies.
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The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
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The court held that the Forest Service's decision to issue oil and gas leases without preparing an Environmental Impact Statement (EIS) on lands without a No Surface Occupancy Stipulation violated NEPA because the Department could not preclude surface-disturbing activities at the
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The court held that a university is not liable in negligence for academic or disciplinary decisions absent malice, and that tortious interference claims do not lie against an agent of a contracting party.
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The court held that the district court's broad application of a 'penological purpose' test to prison conditions was not constitutionally required, but affirmed the specific finding regarding access to courts.
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The court held that the Commission's decision to vacate the citation and abatement order was arbitrary, capricious, and an abuse of discretion because it ignored significant employee testimony regarding dust conditions and system malfunctions.
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514 F.2d 1064·
Temp. Emer. Ct. App.·
1975-04-11
·cited 40×
The court held that the Cost of Living Council's decision to increase the price of old crude oil had a rational basis and was not procedurally infirm, thus affirming the grant of summary judgment.
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A statute authorizing an administrative agency to promulgate rules and regulations does not violate due process because it does not require a pre-adoption hearing, since quasi-legislative administrative functions do not necessarily require hearings and statutory publication and j
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387 F.2d 502·
1st Cir.·
1967-12-18
·cited 40×
The court held that the FCC's failure to consider petitioners' factual assertions regarding signal strength and economic impact, despite their relevance to the regulatory decision, was an arbitrary rejection of evidence, requiring vacation of the order.
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357 F.2d 527·
3d Cir.·
1966-02-03
·cited 40×
A charging employer is entitled to an evidentiary hearing on its objections to an informal settlement agreement after an unfair labor practice complaint has been issued, even if the agreement is approved by the General Counsel and no formal Board order is issued.
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270 F.2d 167·
4th Cir.·
1959-09-02
·cited 40×
The court held that the National Labor Relations Board's order to enforce collective bargaining for a craft unit was arbitrary and discriminatory, violating the National Labor Relations Act.
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The court held that the National Appeal Board's reclassification of the registrant from conscientious objector to available for induction was arbitrary and without a lawful basis, rendering the induction order invalid.
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The court held that a registrant cannot complain of the local board's conduct after appealing to the appeal board, whose decision supersedes the local board's. The court also found no denial of due process in the classification process.
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The court held that the Caddos' cross-claim for retroactive relief should have been dismissed because the Wichitas and Delawares were indispensable parties who could not be joined due to tribal immunity. The court also held that the Assistant Secretary improperly decided against
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424 F.2d 770·
D.C. Cir.·
1969-09-19
·cited 39×
The National Labor Relations Board did not err in asserting jurisdiction over Herbert Harvey, Inc., as Harvey possesses sufficient control over its employees' working conditions to bargain effectively, despite the World Bank's immunity.
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The court held that the plaintiff failed to sustain her burden of proof for recovery and that the petition must be dismissed, agreeing with the outcome but not the plurality's reasoning.
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Petitioners are not entitled to a jury trial for claims seeking present and future pension benefits under ERISA, as such claims are equitable in nature.
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373 So. 2d 423·
Fla. 2d DCA·
1979-07-27
·cited 38×
This case establishes when a party to an administrative proceeding who fails to seek judicial review in the district court of appeal may later challenge the agency action in circuit court on constitutional grounds. The court holds that constitutional challenges to the agency acti
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The dissenting judge believes the District Judge's decision should be affirmed.
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The court held that the Secretary's Final Environmental Statement (FES) was adequate under the National Environmental Policy Act (NEPA) and that the district court erred in enjoining the termination of helium purchase contracts.