Arbitrary And Capricious Standard Of Review

3,214 Florida cases classified under this topic, plus 87 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In-Cho Chung v. Park
  514 F.2d 382· 3d Cir.· 1975-04-11 ·cited 25×
  The court held that a post-termination arbitration hearing, where the professor had the burden to prove the administration's decision was arbitrary or capricious, satisfied due process requirements for a college professor's employment termination.
• Wilderness Watch and Public Employees for Environmental Responsibility v. Fran P. Mainella
  375 F.3d 1085· 11th Cir.· 2004-06-28 ·cited 24×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the National Park Service's practice of using motor vehicles to transport visitors across designated wilderness areas on Cumberland Island violates the Wilderness Act. The court also found
• Boatman v. Town OF Oakland
  76 F.3d 341· 11th Cir.· 1996-02-28 ·cited 24×
  The Boatmans sought federal court relief under 42 U.S.C. § 1983, claiming the Town of Oakland's refusal to issue a certificate of occupancy for their manufactured home violated the Fourteenth Amendment's Due Process Clause. The Eleventh Circuit held that the dispute presented onl
• Petrilli v. Drechsel
  910 F.2d 1441· 7th Cir.· 1990-08-20 ·cited 24×
  The court held that the denial of benefits must be reviewed de novo because the plan did not grant administrators discretion, and affirmed dismissal of breach of fiduciary duty claims as only punitive damages were sought.
• McMAHAN v. NEW England Mut. Life Ins. Co.
  888 F.2d 426· 6th Cir.· 1989-10-23 ·cited 24×
  The court held that the state law breach of contract claim was preempted by ERISA, but vacated the summary judgment on the ERISA claim due to an improper standard of review and remanded for de novo review.
• York Bank & Tr. Co. v. Fed. Sav. & Loan Ins. Corp.
  851 F.2d 637· 3d Cir.· 1988-06-29 ·cited 24×
  The court held that the FSLIC Act permits plenary civil actions for insurance proceeds, allowing for a de novo determination of facts and law.
• Wilkett v. Interstate Commerce Comm'n & United States
  844 F.2d 867· D.C. Cir.· 1988-04-22 ·cited 24×
  The court held that a prevailing party is entitled to attorney fees under the EAJA when the government's position was not substantially justified and no special circumstances make an award unjust, and that unusual delay in processing the fee application can be a special factor ju
• Daniel v. Eaton Corp.
  839 F.2d 263· 6th Cir.· 1988-02-09 ·cited 24×
  The court held that state law claims for breach of contract and promissory estoppel are preempted by ERISA, and that the district court erred by conducting a trial de novo instead of reviewing the plan administrator's decision under the arbitrary and capricious standard.
• Natural Res. Def. Council, Inc. v. Thomas
  838 F.2d 1224· D.C. Cir.· 1988-01-22 ·cited 24×
  The court held that the "control-first" approach, requiring sources to assume the lowest achievable emissions rate for stack height credit demonstrations, is not mandated by Section 123 of the Clean Air Act.
• The United States Dep't OF Agric. & the Farmers Home Admin. Fin. Off. v. Fed. Labor Relations Auth.
  836 F.2d 1139· 8th Cir.· 1988-01-15 ·cited 24×
  The court held that federal agency employers must disclose employee names and home addresses to unions, but only for employees who do not request confidentiality.
• Coal. ON Sensible Transp., Inc. v. Dole
  826 F.2d 60· D.C. Cir.· 1987-08-11 ·cited 24×
  The court affirmed the district court's decision, holding that the road construction project did not violate § 4(f) of the Department of Transportation Act or NEPA, and that the district court did not err in its evidentiary or discovery rulings.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency & Lee M. Thomas
  822 F.2d 104· D.C. Cir.· 1987-06-30 ·cited 24×
  The court held that the EPA's definition of 'new source' and its interpretation of the ten-year grace period for new sources under the Clean Water Act were reasonable and consistent with the statute.
• Harris v. Pullman Standard, Inc.
  809 F.2d 1495· 11th Cir.· 1987-02-13 ·cited 24×
  The court held that Pullman's denial of severance pay to employees who accepted jobs with the purchasing company was arbitrary and capricious under ERISA.
• Little Earth OF THE United Tribes, Inc. v. United States Dep't OF Hous. & Urban Dev.
  807 F.2d 1433· 8th Cir.· 1986-12-30 ·cited 24×
  The court should not order HUD to fund rehabilitation beyond its limited financial responsibility or the scope justified by factual findings.
• Natural Res. Def. Council v. Thomas
  805 F.2d 410· D.C. Cir.· 1986-11-07 ·cited 24×
  The court held that the EPA's emissions standards were reasonable interpretations of the Clean Air Act, but that the agency failed to follow proper procedure regarding the effective dates of NOx standards.
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  787 F.2d 616· D.C. Cir.· 1986-04-04 ·cited 24×
  The court held that the Interstate Commerce Commission's order deregulating abandonments of out-of-service rail lines was arbitrary and unsupported by essential findings, requiring remand for further consideration.
• Suburban O'Hare Comm'n v. Dole
  787 F.2d 186· 7th Cir.· 1986-03-13 ·cited 24×
  The court held that it has exclusive jurisdiction to review the FAA's approval of the Airport Layout Plan, and that the substantial evidence test is the appropriate standard of review.
• Magdy Mohammad Abdelhamid also known as Magdy Mohamed Abdelhamid Ismail v. Ilchert
  774 F.2d 1447· 9th Cir.· 1985-10-28 ·cited 24×
  The court held that the district court lacked subject matter jurisdiction to review the USIA Director's discretionary decision not to issue a favorable recommendation for a waiver, but had jurisdiction to review the INS's compliance with its own regulations regarding the statemen
• Am. Mining Cong. v. Thomas
  772 F.2d 617· 10th Cir.· 1985-09-03 ·cited 24×
  The court held that the EPA is not required to make an independent finding of "significant risk" before promulgating standards under UMTRCA, and that the EPA's standards are not invalid for operating on-site.
• ST. Marys Hosp. Med. Ctr. v. Heckler
  753 F.2d 1362· 7th Cir.· 1985-01-22 ·cited 24×
  The court held that the Secretary's requirement to gross-up St. Marys' discounted laboratory charges was proper because St. Marys failed to provide a sufficiently accurate and verifiable cost study to prove a cost differential between its services to Medicare patients and its SLS
• Teamster's Local 348 Health & Welf. Fund v. Kohn Bev. Co.
  749 F.2d 315· 6th Cir.· 1984-11-26 ·cited 24×
  The court held that Kohn was obligated to contribute to the funds for all employees covered by the collective bargaining agreement, regardless of union membership, and that the funds were not estopped from recovering delinquent contributions.
• Coal Exporters Ass'n OF the United States, Inc. v. United States & Interstate Commerce Comm'n
  745 F.2d 76· D.C. Cir.· 1984-09-18 ·cited 24×
  The court held that the Interstate Commerce Commission (ICC) unreasonably interpreted the Staggers Act's exemption provision by failing to adequately consider whether regulation was necessary to protect shippers from the abuse of market power.
• MacKowiak v. Univ. Nuclear Sys., Inc.
  735 F.2d 1159· 9th Cir.· 1984-06-22 ·cited 24×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  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.
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  729 F.2d 204· 3d Cir.· 1984-02-02 ·cited 24×
  The court's opinion does not sufficiently address the Commission's policy of refusing bulk restrictions on commodity grants. The concurrence suggests this policy should be justified through rulemaking.
• Presinzano v. Hoffman-La Roche, Inc.
  726 F.2d 105· 3d Cir.· 1984-02-02 ·cited 24×
  The court held that administrative agencies have broad discretion in deciding whether to initiate enforcement proceedings, and this discretion is not limited by regulations that suggest conciliation efforts. The court also found jurisdiction to hear the appeal.
• Forrest Bugher v. Feightner
  722 F.2d 1356· 7th Cir.· 1983-12-19 ·cited 24×
  A suit by trustees against an employer for contractual obligations under ERISA § 502(a)(3) is a legal action, not equitable, and thus carries a right to a jury trial.
• Chaney v. Heckler
  718 F.2d 1174· D.C. Cir.· 1983-10-14 ·cited 24×
  The court held that the FDA's decision to refrain from investigating or regulating the unapproved use of drugs for lethal injections was arbitrary and capricious and subject to judicial review.
• Sharron v. Amalgamated Ins. Agency Servs., Inc.
  704 F.2d 562· 11th Cir.· 1983-05-02 ·cited 24×
  The court held that the Pension Fund Trustees' denial of disability benefits was not arbitrary or capricious, as the break in service rule was clearly stated in the plan and pamphlet, and the plan did not vest rights.
• State OF Conn. v. Env't Prot. Agency
  696 F.2d 147· 2d Cir.· 1982-12-01 ·cited 24×
  The court held that the EPA's approval of New York's SIP revision allowing LILCO to burn higher sulfur fuel was not arbitrary, capricious, or contrary to law, as the agency reasonably interpreted and applied the Clean Air Act's provisions regarding interstate pollution.
• Etelson v. Off. OF Pers. Mgmt.
  684 F.2d 918· D.C. Cir.· 1982-06-29 ·cited 24×
  The court held that the Office of Personnel Management (OPM) discriminated against government attorneys by applying different evaluation criteria than those used for private attorneys, and that Etelson's claim was properly before the court despite not being explicitly raised in t
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & United States
  663 F.2d 528· 5th Cir.· 1981-12-10 ·cited 24×
  The court held that the Interstate Commerce Commission's order granting operating authority was unsupported by substantial evidence and lacked adequate articulation of its reasoning regarding adverse impacts.
• Dimas Bonet v. United States Postal Serv.
  661 F.2d 1071· 5th Cir.· 1981-11-20 ·cited 24×
  The court held that an agency must demonstrate a nexus between off-duty misconduct and the efficiency of the service, and cannot rely on unsupported assertions or a per se rule to justify discharge.
• Stereo Broadcasters, Inc. v. Fed. Commc'ns Comm'n
  652 F.2d 1026· D.C. Cir.· 1981-04-22 ·cited 24×
  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.
• Concerned Citizens ON I-190 v. Sec'y OF Transp.
  641 F.2d 1· 1st Cir.· 1981-02-09 ·cited 24×
  The court held that the Environmental Impact Statement (EIS) adequately addressed potential environmental dangers, public hearings were sufficient, and the determination regarding recreation land was proper, thus affirming the denial of a preliminary injunction.
• Wash. State Farm Bureau v. Marshall
  625 F.2d 296· 9th Cir.· 1980-08-13 ·cited 24×
  The court held that the district court erred in substituting its judgment for the Secretary of Labor's regarding pesticide safety for child harvesters and in conducting a de novo review of informal rulemaking.
• Schuemann v. Colo. State Bd. OF Adult Parole
  624 F.2d 172· 10th Cir.· 1980-06-30 ·cited 24×
  The court held that the state parole board's denial of parole was not arbitrary or capricious and did not violate due process, thus affirming the denial of the habeas corpus petition.
• Am. Trucking Ass'ns, Inc. v. United States & Interstate Commerce Comm'n
  627 F.2d 1313· D.C. Cir.· 1980-04-24 ·cited 24×
  The court held that the Interstate Commerce Commission's new regulations governing intervention in motor carrier licensing proceedings are within the agency's statutory authority and are not arbitrary, capricious, or an abuse of discretion.
• Charlotte Diane Edwards for Debora A. Long and Clayton D. Long v. Califano
  619 F.2d 865· 10th Cir.· 1980-04-11 ·cited 24×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  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.
• Int'l Detective Serv., Inc. v. Interstate Commerce Comm'n & United States
  613 F.2d 1067· D.C. Cir.· 1979-12-12 ·cited 24×
  The court held that the Interstate Commerce Commission adequately considered statutory provisions and acted within its discretion by favoring new entry and increased competition in granting contract carrier permits for armored motor carriers.
• Miller Transporters, Inc. v. The United States & Interstate Commerce Comm'n
  594 F.2d 463· 5th Cir.· 1979-05-04 ·cited 24×
  The court held that the Interstate Commerce Commission's order granting broad operating authority to McKenzie Tank Lines was supported by substantial evidence and was not arbitrary or capricious.
• Lammert Indus. v. Nat'l Labor Relations Bd.
  578 F.2d 1223· 7th Cir.· 1978-06-29 ·cited 24×
  The court held that the addition of unrepresented employees to a relocated, unionized bargaining unit constituted an accretion, and the employer retained its obligation to bargain with the union at the new facility.
• Royce G. Hurley v. United States
  575 F.2d 792· 10th Cir.· 1978-04-17 ·cited 24×
  The court held that the employee's transfer was invalid because it did not involve a continuing function and the employee was not properly identified with the transferred duties, thus the subsequent reduction-in-force action was jurisdictionally defective.
• Nat'l Asphalt Pavement Ass'n v. Train
  539 F.2d 775· D.C. Cir.· 1976-07-21 ·cited 24×
  The court held that the Administrator provided a meaningful opportunity for comment on the designation of asphalt concrete plants as significant contributors and that the promulgated emission standards were not arbitrary or capricious.
• White Glove Bldg. Maint., Inc. v. Brennan
  518 F.2d 1271· 9th Cir.· 1975-05-29 ·cited 24×
  The court held that the administrative law judge improperly rejected uncontradicted testimony without adequate reason, and that the evidence presented by White Glove was sufficient to establish a prima facie case of actual notice.
• Thompson v. United States
  492 F.2d 1082· 5th Cir.· 1974-04-19 ·cited 24×
  The court held that the district court erred in dismissing the inmate's claim for partial interim compensation without considering it, and that the inmate should be required to exhaust the newly established administrative remedy.
• Del. Citizens FOR Clean AIR, Inc. v. Adm'r U. S. Env't Prot. Agency & William D. Ruckelshaus
  480 F.2d 972· 3d Cir.· 1973-06-21 ·cited 24×
  The court held that the EPA's approval of Delaware's nitrogen dioxide attainment strategy was not arbitrary or capricious, and that other challenges were moot due to subsequent regulatory changes.
• Gomez v. Lewis
  414 F.2d 1312· 3d Cir.· 1969-08-20 ·cited 24×·via Arbitrary And Capricious Standard Of Review For Trustee Decisions
  The court held that the trustees did not act arbitrarily or capriciously in amending pension eligibility regulations, even with short notice, as they reasonably believed it was necessary to comply with the Taft-Hartley Act.
• Calcutta East Coast of India and East Pakistan/U. S. A. Conference v. Fed. Mar. Comm'n & United States
  399 F.2d 994· D.C. Cir.· 1968-07-25 ·cited 24×
  The court held that the Federal Maritime Commission's cancellation of a shipping conference agreement, based solely on partial non-compliance with subpoenas due to foreign legal restrictions, was not supported by substantial evidence and was therefore an abuse of discretion.
• Williams v. Pac. Mar. Ass'n
  384 F.2d 935· 9th Cir.· 1967-08-28 ·cited 24×
  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.
• Feil v. Fed. Trade Comm'n
  285 F.2d 879· 9th Cir.· 1960-12-22 ·cited 24×
  The court held that the FTC's cease and desist order was too broadly worded and suggested modifying the language to be more precise about the device's limitations.