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
-
Seminole County appealed a trial court's order certifying a class action brought by Tivoli Orlando Associates, which challenged the County's calculation of building permit fees and water/wastewater impact fees as arbitrary and capricious. The Fifth District Court of Appeal revers
-
A prison regulation granting officials discretion to act for any reason except discipline does not create a liberty or property interest for due process purposes. Liberty and property interests depend on substantive rules governing entitlements, not merely on rules addressing mot
-
752 F.2d 670·
D.C. Cir.·
1985-01-11
·cited 22×
The court held that the Committee to Save KQED raised a substantial and material question of fact regarding KQED's intent, compelling the FCC to hold an evidentiary hearing.
-
The court held that the DOE's restriction on passthrough of interest paid to related entities was arbitrary and capricious, but the units-of-production method for depreciation was valid. The court also found the 'substantial evidence' test was improperly applied to informal rulem
-
571 F.2d 660·
D.C. Cir.·
1978-01-09
·cited 22×
-
The court held that the district court properly dismissed the action for lack of federal question jurisdiction and failure to exhaust administrative remedies.
-
416 F.2d 1345·
Ct. Cl.·
1969-10-17
·cited 22×
The court held that the Board's downward adjustments for non-compaction and overhead/profit on fill material were arbitrary and unsupported by evidence, requiring further administrative proceedings. The Board's denial of recovery for utility damages was also not final, necessitat
-
379 F.2d 134·
D.C. Cir.·
1967-05-08
·cited 22×
The court held that the District Court had jurisdiction to review the Patent Office's refusal to permit an amendment to patent claims, even if the underlying claims were unpatentable.
-
360 F.2d 962·
Ct. Cl.·
1966-05-13
·cited 22×
A disappointed bidder cannot recover bid preparation costs when the government rejects all bids due to a new statutory requirement, absent allegations of bad faith, favoritism, or arbitrary action.
-
The court held that the appellant's claim for reinstatement is barred by laches due to an unreasonable delay in filing suit.
-
315 F.2d 652·
10th Cir.·
1963-03-28
·cited 22×
The Federal Power Commission has the authority to condition a certificate of public convenience and necessity with an initial price lower than the contract price if the proposed price is not in the public interest.
-
276 F.2d 594·
6th Cir.·
1960-04-05
·cited 22×
The National Labor Relations Board cannot establish a new rule that exclusive hiring hall agreements are per se illegal through adjudication when the validity of the hiring hall was not at issue, nor can it apply such a new rule retroactively to invalidate existing agreements wit
-
The appellate court held that the evidence was insufficient to support the trial court's finding that the zoning ordinance was invalid as applied to the plaintiffs' property.
-
The court held that the October 1954 issue of 'One' magazine is non-mailable matter under 18 U.S.C.A. § 1461 because its contents are obscene, lewd, lascivious, and filthy, tending to deprave and corrupt the morals of readers.
-
The court held that the National Selective Service Appeal Board's classification of appellants as 1-A was arbitrary, capricious, and without basis in fact, and that there was no basis for denying ministerial exemption.
-
The court held that the Secretary of the Interior lacked the authority to unilaterally set minimum values for crude oil royalties under the leases, but that lessees were obligated to pay royalties based on the actual market value, which the trial court correctly determined to be
-
The court held that the Maximum Price Regulation 579 is arbitrary and capricious because it discriminates against the complainant's inland wholesale branches by prohibiting them from charging prices permitted to competing independent inland wholesalers.
-
The court held that the wife failed to demonstrate that the draft board's reclassification of her husband from III-A to I-A was arbitrary or capricious, thus not entitling him to judicial relief.
-
The court held that the employee's claim against the union for breach of the duty of fair representation could proceed independently of the claim against the employer, even after the employer's liability was dismissed.
-
Testimony regarding owners' understanding of an agreement was admissible on the issue of notice, not contract interpretation. Any error in considering it for interpretation was harmless.
-
The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
-
A valid zoning ordinance requiring 750-foot separation between gasoline stations is enforceable against a particular property owner even though the city previously granted numerous variances and permitted many stations within the prohibited distance, as failure to enforce a valid
-
904 So. 2d 610·
Fla. 1st DCA·
2005-06-20
·cited 20×
Big Bend Hospice challenged two final orders from the Agency for Health Care Administration (AHCA) concerning the fixed need pool for hospices in service area 2B and the issuance of a Certificate of Need to Covenant Hospice. The court affirmed both orders and clarified the standa
-
809 F.2d 875·
D.C. Cir.·
1987-01-16
·cited 20×
The court held that the EPA acted arbitrarily and capriciously by relying on foreign economic impact without adequately considering statutorily mandated health and food supply factors, and by reversing its position on health risks without sufficient explanation.
-
782 F.2d 975·
Fed. Cir.·
1986-01-17
·cited 20×
The court held that the agency failed to prove by a preponderance of the evidence that the employee knowingly supplied false information with the intent to defraud, and that the Merit Systems Protection Board's decision sustaining the removal was unsupported by substantial eviden
-
770 F.2d 1257·
4th Cir.·
1985-08-26
·cited 20×
The court held that the Secretary's labor/delivery room accounting policy is irrational and contrary to Medicare law, but remanded for the Secretary to present evidence on whether maternity patients incur higher routine costs.
-
A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
-
732 F.2d 703·
9th Cir.·
1984-05-03
·cited 20×
The court held that the Federal Labor Relations Authority did not abuse its discretion in denying a status quo ante make-whole remedy for the implementation of new work shifts, as the Authority's distinction between new and modified shifts was reasoned and supportable.
-
The court holds that McCartin stated a claim only for nonmonetary relief under 28 U.S.C. § 1331(a) for arbitrary and capricious agency conduct, rejecting claims under the First Amendment, APA, and for damages.
-
650 F.2d 778·
5th Cir.·
1981-07-17
·cited 20×
The appeal is dismissed as moot because the government contract at issue has been awarded to another party, rendering the requested relief impossible to grant.
-
The dissenting judge believes a second notice was adequately provided, even if the final rule appeared in the Federal Register slightly late, because the filing date and prior notice of the proposed rule satisfied statutory requirements.
-
582 F.2d 644·
Temp. Emer. Ct. App.·
1978-08-10
·cited 20×
The court held that the Department of Energy (DOE) erred in applying the Delta standard to Husky Oil Company's exception relief application by considering its production profits and imposing a negative historical profit margin, which was not supported by substantial evidence and
-
567 F.2d 661·
6th Cir.·
1977-12-06
·cited 20×
The EPA's veto of a permit modification allowing flow augmentation to meet water quality standards was justified because flow augmentation is not an authorized method under the FWPCA and Michigan's water quality standards.
-
-
The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.
-
502 F.2d 1024·
5th Cir.·
1974-10-16
·cited 20×
The court held that the district court lacked subject matter jurisdiction because the National Labor Relations Board's application of its 'blocking charge' rule was a reasoned utilization of a practice well-suited to the facts, not an arbitrary action exceeding statutory authorit
-
210 F.2d 815·
8th Cir.·
1954-02-19
·cited 20×
The court held that the record lacked affirmative evidence to support the Appeal Board's I-A classification and denial of the registrant's I-O classification, requiring reversal.
-
163 F.2d 633·
10th Cir.·
1947-09-10
·cited 20×
The court held that the Secretary of the Interior had the authority under the lease and applicable regulations to fix a minimum value for royalty oil, and the trial court erred in substituting its judgment for the Secretary's determination.
-
The court held that the Price Administrator has the authority to regulate rents for company housing units rented to employees, but that applying the April 1, 1941 maximum rent date to this class of housing was arbitrary and inequitable.
-
A state regulation barring aged, blind, or disabled individuals from general assistance if they are ineligible for federal SSI benefits, even if they meet state need criteria, violates the Equal Protection Clause.
-
390 F.2d 894·
Ct. Cl.·
1968-02-16
·cited 19×
The Court of Claims has the authority to grant declaratory relief under the Declaratory Judgment Act, as it is consistent with the court's existing jurisdiction and not precluded by prior precedent limiting it to money judgments.
-
The Secretary of the Interior, through the Bureau of Land Management, has the authority to initiate contest proceedings to determine the validity of unpatented mining claims, and claimants must exhaust administrative remedies before seeking judicial review.
-
The court held that evidence of arbitrary or unfair classification by draft boards is not a defense to a charge of refusing to obey a draft order.
-
Florida Supreme Court reversed the denial of a reciprocal electrician's license by Miami's Examining Board of Electricians, holding that the Board's discretionary power to issue licenses under a reciprocity ordinance cannot be exercised arbitrarily or based on personal prejudice
-
Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
-
The regulations promulgated by the Secretary are permissible under Title X and not constitutionally infirm, despite concerns raised.
-
809 F.2d 1220·
6th Cir.·
1987-01-21
·cited 18×
The Secretary is prohibited from retroactively applying the 1986 Rule to hospital cost reporting periods beginning in 1979, as such retroactive application is not necessary to fulfill the statutory design and would contravene the principles of the Administrative Procedure Act.
-
792 F.2d 194·
D.C. Cir.·
1986-05-30
·cited 18×
The court held that 38 U.S.C. § 211(a) did not bar review of the VA's decision because the VA had not previously decided the Rehabilitation Act claim. The court further held that the VA's determination that primary alcoholism is willful misconduct was reasonable and did not viola
-
The court held that the former employees did not suffer a "layoff" as defined by the Separation From Employment Policy when the brewery was transferred, and thus Pabst did not owe them severance pay.
-
762 F.2d 1044·
D.C. Cir.·
1985-05-28
·cited 18×
The court affirmed the lower court's decision because the matter of allocating grant funds is committed to agency discretion by law, making it unreviewable.