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 affirmed the denial of habeas corpus, holding that the alien received adequate notice and that the denial of discretionary relief was not arbitrary or capricious.
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433 F.2d 1204·
D.C. Cir.·
1970-04-24
·cited 28×
Appellants have standing to challenge the Committee's actions regarding the inclusion of ball point pens and refills on the Schedule of Blind-Made Products.
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The court held that the plaintiff was not entitled to adverse action procedures before his reassignment, as the reassignment was not a reduction in rank, and his subsequent refusal to accept the transfer justified his removal.
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392 F.2d 454·
2d Cir.·
1968-04-09
·cited 28×
The court held that it lacked jurisdiction to review the FTC's denial of Rettinger's motion to reopen a consent order, as no order was entered after reopening and APA review must originate in the district court.
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277 F.2d 270·
3d Cir.·
1960-04-01
·cited 28×
The court held that the appellant's failure to register his address was willful and not excusable, rendering him deportable, and that the Attorney General did not abuse discretion in denying discretionary relief.
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The court held that the Selective Service Board abused its discretion by refusing to classify the relator as a minister of religion, as subsequent proof conclusively demonstrated his entitlement to such classification.
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930 F.2d 1239·
7th Cir.·
1991-04-25
·cited 26×
The court held that the construction of a new slip, as part of an EPA-ordered remedial plan, constitutes 'remedial action' barred from pre-completion judicial review by CERCLA § 113(h).
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The court held that the union's proposal to require HHS to make contracting out decisions in accordance with Circular A-76 was not a mandatory subject of bargaining because it encroached on management rights and conflicted with government-wide regulations.
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817 F.2d 149·
1st Cir.·
1987-03-19
·cited 26×
Federal courts have the authority to review claims that the Secretary of Housing and Urban Development has failed to administer housing programs in a manner that affirmatively furthers the Fair Housing Act's policies, even without a showing of discriminatory purpose.
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761 F.2d 740·
D.C. Cir.·
1985-05-10
·cited 26×
The court held that it lacked jurisdiction to hear the appeal because the Federal Courts Improvement Act of 1982 vests exclusive appellate jurisdiction in the Federal Circuit when the district court's jurisdiction was based, in whole or in part, on the Tucker Act.
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The court held that the Bureau of Land Management's oil and gas lease sales within the Alaska National Petroleum Reserve complied with statutory requirements, including those concerning subsistence use, and that the district court properly reviewed the agency's decision.
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735 F.2d 601·
D.C. Cir.·
1984-05-25
·cited 26×
The FCC's grant of a 'substantial enhancement' for minority ownership, even in a community without a significant minority population, is permissible as it promotes overall diversity of viewpoints in broadcasting.
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The court held that the administrative record adequately supported the Administrator's Section 4(f) determination that the proposed bridge route minimized harm to recreational areas, and that the district court erred in striking new causes of action from the plaintiffs' supplemen
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The court affirmed the district court's judgment, holding that the excess insurer was liable for the settlement amount and statutory penalties, but affirmed the refusal to award attorney's fees for the underlying defense due to insufficient proof.
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627 F.2d 1328·
D.C. Cir.·
1980-04-25
·cited 26×
The court held that the ICC's findings of competition and discrimination were reasonable, but its remedy allowing rate increases for recyclables to equalize revenue-cost ratios was beyond its authority under Section 204. The court mandated that remedies must equalize ratios at a
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A HUD attorney in the excepted service, terminated without a hearing, has a property interest in continued employment based on HUD Handbook 302.2, entitling them to a hearing to challenge the sufficiency of the grounds for discharge.
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The court held that the EPA's use of the Class A assumption for pollution dispersion in rural areas under least stable wind conditions was arbitrary and capricious, remanding that issue for further study. However, the court found the EPA's terrain adjustment in the MAXT-24 model
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430 F.2d 510·
D.C. Cir.·
1970-06-25
·cited 26×
The court held that the Federal Trade Commission failed to adequately explain its departure from a prior administrative norm regarding the protection of confidential business information sought in discovery.
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The court held that the plaintiff was entitled to recover damages for breach of the "reverter agreement" for the period the Navy failed to allow re-occupancy.
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The court held that the Attorney General's interpretation of 'physical persecution' was erroneous, and that the alien's fear of persecution due to his religion was sufficient to warrant a stay of deportation.
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The court held that the defendant's claims of ministerial exemption were not timely or sufficiently supported by evidence to compel the local board to reopen his classification, and thus due process was not denied.
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234 F.2d 417·
2d Cir.·
1956-06-07
·cited 26×
The National Labor Relations Board cannot dismiss a complaint for retaliatory discharge of a witness based on its own subsequently changed jurisdictional standards, especially when the Board compelled the witness's testimony.
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The court held that the Price Administrator's selection of July 1, 1941, as the maximum rent date for Cleveland was not arbitrary or capricious, as it was supported by evidence of rising rents and housing demand due to defense activities.
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The appearance of bias, without actual bias of the decisionmaker, does not offend due process, and a university's failure to follow its own internal rules does not violate constitutional due process if the minimum constitutional requirements are met.
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Effie, Inc. challenged a City of Ocala ordinance requiring location permits for on-premises alcohol sales on properly zoned property as unconstitutional for providing insufficient standards and guidelines, thereby permitting unbridled discretion. The appellate court reversed, fin
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The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
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A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
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The court held that denying an alien a reasonable continuance to obtain counsel in a deportation proceeding, when the denial is arbitrary and capricious, constitutes a denial of statutory rights and procedural due process, and such denial is inherently prejudicial, not subject to
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138 F.2d 100·
3d Cir.·
1943-09-23
·cited 25×
Habeas corpus is not available to review a registrant's classification by a Draft Board prior to his induction or prosecution for failure to report.
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The court held that ambulance services constitute professional services, exempting the contract award from competitive bidding requirements, and thus the plaintiff had no constitutionally protected property interest.
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The court held that the Secretary of Labor erred in applying the dual motive analysis and remanded the case for further proceedings to determine if the employer would have terminated the employee even without the protected conduct.
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The court affirmed the FCC's policy of allowing distress sales to minority broadcasters, even if the line-drawing for when such sales are permissible seems arbitrary.
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The court held that the claimant established that the wage earner was "unexplainedly absent" under the regulation, triggering a presumption of death, and the Secretary failed to rebut this presumption.
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A claim for sex discrimination requires either facial discrimination or discriminatory effects; allegations of discriminatory intent alone are insufficient if the conduct is otherwise gender-neutral.
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557 F.2d 845·
D.C. Cir.·
1977-05-17
·cited 24×
The Commission lacked the authority to reject a rate filing that was submitted pursuant to then-effective regulations, based on a new standard announced after the filing but before rejection.
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476 F.2d 1388·
Temp. Emer. Ct. App.·
1973-04-12
·cited 24×
The court held that the agencies exceeded their authority by rejecting a collective bargaining agreement based on reasons outside the specified criteria for wage increases, particularly when the increase was within the standard 5.5% limit.
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The court held that a bidder's failure to provide the number of employees, as required by Appendix A, constituted a "minor informality or irregularity" under procurement regulations, which should have allowed the bidder an opportunity to cure the deficiency.
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466 F.2d 455·
D.C. Cir.·
1972-08-14
·cited 24×
The court held that the Commissioner's order withdrawing approval of new drug applications was invalid due to procedural defects, including a failure to make a prima facie case for summary judgment and a lack of adequate findings.
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The court held that the plaintiff was entitled to disability retirement pay because his service-connected duodenal ulcer rendered him unfit for active duty at the time of his separation from the Navy, and the Correction Board's denial was arbitrary and unsupported by substantial
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392 F.2d 354·
2d Cir.·
1968-03-22
·cited 24×
The district court correctly dismissed the employer's complaint because it lacked jurisdiction to review the NLRB's representation proceeding, and the employer's due process claim was insubstantial.
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The court clarified that its prior opinion did not make final determinations of the parties' rights but rather disapproved of the summary judgment, suggesting appellants might recover after a full hearing.
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The court held that the plaintiff presented a prima facie case of arbitrary and unreasonable restrictions on his business operations, entitling him to a hearing on his claim for injunctive relief.
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177 F.2d 18·
D.C. Cir.·
1949-05-02
·cited 24×
The court held that the Civil Aeronautics Board cannot suspend an air carrier's registration without providing an opportunity for oral presentation, even if the registration letter permits immediate suspension.
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150 F.2d 768·
3d Cir.·
1945-07-06
·cited 24×
The court should order a new trial for Estep because he was denied due process and did not have an opportunity to prove it at his original trial.
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The court held that assignments of error lacking required procedural detail or proper record were not considered, and that the evidence was sufficient to support the conviction.
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561 F.2d 1032·
2d Cir.·
1976-12-23
·cited 23×
The court held that the plaintiffs, including a city and its low-income residents, lacked standing to challenge the Department of Housing and Urban Development's waiver of a requirement in the Housing and Community Development Act of 1974.
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The court held that the Forest Service's refusal to extend the timber sale contract based on an "extraordinary conditions" standard, rather than its established policy of granting extensions unless disadvantageous to the United States, constituted a breach of contract. The court
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A statute authorizing elimination of vegetation and refuse as nuisances on private property is unconstitutional when it fails to define key operative terms, provides insufficiently limited standards to guide administrative discretion, and makes enforcement contingent on individua
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The Florida Supreme Court addressed a mandamus action brought by trustees of a special tax school district against county school board members, concerning the board's duty to officially accept or reject teacher nominations and allow resubmission upon rejection. The court held tha