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

• Dyer v. Sec. & Exch. Comm'n
  266 F.2d 33· 8th Cir.· 1959-04-10 ·cited 24×
  The court held that the Securities and Exchange Commission's orders approving Union Electric's proxy material were not arbitrary or irrational, and thus affirmed the Commission's decisions.
• Hunt v. Hawthorne Assocs., Inc.
  119 F.3d 888· 11th Cir.· 1997-08-05 ·cited 23×
  Harry Hunt, a retired Eastern Air Lines pilot, sought to recover a lump-sum retirement benefit under the Eastern Air Lines Variable Benefit Retirement Plan for Pilots. Eastern, the Plan's administrator, had refused to pay the benefit after the Plan was amended during Eastern's ba
• Guadamuz v. Bowen
  859 F.2d 762· 9th Cir.· 1988-10-18 ·cited 23×
  The court held that the district court erred by not deferring to the Secretary's interpretation of attorneys' fees provisions and associated procedures, finding them to be within the Secretary's discretion and not contrary to statute or the APA.
• CNA Fin. Corp. v. Donovan
  830 F.2d 1132· D.C. Cir.· 1987-09-29 ·cited 23×
  The Trade Secrets Act does not qualify as a withholding statute under FOIA Exemption 3 because it does not leave agencies with no discretion and does not establish particular criteria for withholding. The Act's scope is not necessarily coextensive with Exemption 4.
• Taxpayers Watchdog, Inc. v. Stanley
  819 F.2d 294· D.C. Cir.· 1987-05-19 ·cited 23×
  The court held that the Minimum Operable Segment 1 (MOS-1) of the Los Angeles metro rail system was properly segmented for environmental review under NEPA, as it possesses substantial independent utility and does not irretrievably commit federal funds for future, unanalyzed exten
• Detson v. Schweiker
  788 F.2d 372· 6th Cir.· 1986-04-17 ·cited 23×
  The court held that attorney's fees awarded under 42 U.S.C. § 406(b)(1) must be calculated based on the claimant's net past-due benefits, after deduction of the SSI windfall offset.
• Dep't OF Water & Power OF the City OF LOS Angeles v. Bonneville Power Administration
  759 F.2d 684· 9th Cir.· 1985-04-24 ·cited 23×
  The court held that the Bonneville Power Administration's (BPA) Near Term Intertie Access Policy (IAP) is a reasonable interpretation of its statutory authority and is not arbitrary or capricious, thus upholding its validity.
• Vill. OF False Pass v. Clark
  733 F.2d 605· 9th Cir.· 1984-03-12 ·cited 23×
  A 'worst case' analysis of a major oil spill is necessary at the lease sale stage under NEPA and its implementing regulation because the unknown consequences are important to the decision-maker's ability to refrain from leasing.
• Ryder Truck Lines, Inc. v. United States & Interstate Commerce Comm'n
  716 F.2d 1369· 11th Cir.· 1983-10-11 ·cited 23×
  The court held that the ICC's policy statement was a rational exercise of its authority and properly issued as a statement of policy, not a rule.
• Capeletti Bros., Inc. v. State of Fla. Dep't OF Gen. Servs.
  432 So. 2d 1359· Fla. 1st DCA· 1983-06-07 ·cited 23×
  The court affirmed the Department of General Services' award of a construction contract to Bergeron, rejecting Capeletti's argument that a misrepresentation in the site drawings rendered all bids invalid and that Bergeron was not a responsible bidder.
• Webb v. Anne Gorsuch
  699 F.2d 157· 4th Cir.· 1983-01-20 ·cited 23×
  The court held that the EPA's determination that coal mine water discharge permits were unlikely to have a significant environmental impact was not arbitrary and capricious, and thus dismissed the petition for review.
• Nat'l Ass'n OF Broadcasters v. Copyright Royalty Tribunal
  675 F.2d 367· D.C. Cir.· 1982-04-09 ·cited 23×
  The court affirmed most of the Copyright Royalty Tribunal's distribution of cable royalty fees, finding the allocations supported by substantial evidence and within the zone of reasonableness, but remanded a portion concerning National Public Radio for further proceedings.
• Fancher v. The United States
  588 F.2d 803· Ct. Cl.· 1978-12-13 ·cited 23×
  The court held that the Civil Service Commission's denial of disability retirement was not subject to judicial review absent substantial procedural error, and the Air Force's actions were reasonable and supported by evidence.
• Williams v. Cravens
  210 F.2d 874· D.C. Cir.· 1954-02-25 ·cited 23×
  The court held that the administrative determination of cause for discharge, when substantially compliant with procedural requirements, is not subject to judicial review.
• Sharick v. Se. Univ. OF THE Health Scis., Inc.
  780 So. 2d 136· Fla. 3d DCA· 2000-08-02 ·cited 22×
  Keith Sharick, a fourth-year medical student dismissed from Southeastern University of the Health Sciences one month before graduation, sued for breach of implied-in-fact contract. The jury found the dismissal arbitrary and capricious, but the trial court limited damages to tuiti
• Masella v. Blue Cross & Blue Shield OF Conn., Inc.
  936 F.2d 98· 2d Cir.· 1991-06-19 ·cited 22×
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  934 F.2d 327· D.C. Cir.· 1991-05-10 ·cited 22×
  The court held that the Interstate Commerce Commission (ICC) did not change its policy regarding the ferry exemption and reasonably determined that Viking Starship's services were exempt from ICC regulation. The court also found that the ICC's decision did not trigger environment
• Leilani Exbom v. Central States
  900 F.2d 1138· 7th Cir.· 1990-04-27 ·cited 22×
  The court held that the Trustees' denial of benefits was not arbitrary and capricious, and thus the district court's grant of summary judgment for the defendant was correct.
• DKT Mem'l Fund, Ltd. v. Agency for Int'l Dev.
  810 F.2d 1236· D.C. Cir.· 1987-02-13 ·cited 22×
  The court held that the NGOs should be allowed to amend their complaint to affirmatively allege eligibility for AID funds, and that the case does not present a nonjusticiable political question.
• Fritiofson v. Alexander
  772 F.2d 1225· 5th Cir.· 1985-10-07 ·cited 22×
  The court held that the Corps of Engineers did not adequately analyze the cumulative impacts of the development project, but the district court erred in ordering the preparation of an environmental impact statement at that stage.
• Salt River Project Agric. Improvement & Power Dist. v. United States & Interstate Commerce Comm'n
  762 F.2d 1053· D.C. Cir.· 1985-05-31 ·cited 22×
• Cal. Pub. Broad. Forum v. Fed. Commc'ns Comm'n
  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.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  749 F.2d 113· 2d Cir.· 1984-11-02 ·cited 22×
  The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
• State OF Wis. v. Caspar W. Weinberger
  745 F.2d 412· 7th Cir.· 1984-08-20 ·cited 22×
  The court held that the Navy's decision not to prepare a supplemental environmental impact statement (SEIS) for Project ELF was not arbitrary or capricious, as the new information presented did not significantly alter the environmental picture envisioned by the original EIS.
• Walker v. Navajo-Hopi Indian Relocation Comm'n
  728 F.2d 1276· 9th Cir.· 1984-03-23 ·cited 22×
  Inclusion on a preliminary list of potential relocatees does not confer eligibility for relocation benefits under the Settlement Act.
• Cartersville Elevator, Inc. v. Interstate Commerce Comm'n
  724 F.2d 668· 8th Cir.· 1984-01-03 ·cited 22×
  The court should have remanded the case to the ICC for further development of the record concerning the burdens on interstate commerce caused by continued operation of the rail line.
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  720 F.2d 958· 7th Cir.· 1983-11-08 ·cited 22×
  The court held that the Interstate Commerce Commission (ICC) had the authority to conditionally certify state regulatory bodies under the Staggers Act, and that the petition for review was timely filed due to the unusual circumstances of the case.
• Hondros v. United States Civil Serv. Comm'n & United States Civil Serv. Comm'rs
  720 F.2d 278· 3d Cir.· 1983-10-13 ·cited 22×
  The court held that the Marshals Service's erroneous decisions and delays in converting a term deputy to a career position were sufficiently inordinate to be unlawful under the Administrative Procedure Act.
• Simons v. Anne M. Gorsuch
  715 F.2d 1248· 7th Cir.· 1983-08-30 ·cited 22×
  The court held that an Environmental Impact Statement (EIS) was not required as a matter of law for the federally funded sewage treatment facility, and that the appellants were not entitled to special notice of the public hearing based on their property's distance from the site.
• Nat'l Labor Relations Bd. v. Valley Plaza, Inc.
  715 F.2d 237· 6th Cir.· 1983-08-12 ·cited 22×
  The court enforced the National Labor Relations Board's order, finding substantial evidence supported the Board's conclusions that the company engaged in unfair labor practices and that a bargaining order was an appropriate remedy.
• The City OF NEW York v. The United States Dep't OF Transp.
  715 F.2d 732· 2d Cir.· 1983-08-10 ·cited 22×
  The court held that the Department of Transportation's (DOT) conclusion that an Environmental Impact Statement (EIS) was unnecessary for implementing HM-164 was arbitrary and capricious.
• City OF Oakland v. Secretary Raymond Donovan
  703 F.2d 1104· 9th Cir.· 1983-04-12 ·cited 22×
  The court held that while Oakland violated CETA by failing to audit subgrantee expenditures, the DOL's decision to order repayment or face grant termination lacked sufficient justification for the sanction, requiring a remand for a hearing on appropriate sanctions.
• KCST-TV, Inc. v. Fed. Commc'ns Comm'n & United States
  699 F.2d 1185· D.C. Cir.· 1983-01-25 ·cited 22×
  The dissenting judge argues that the Commission's action was not arbitrary or capricious, and that the majority's demand for a more precise rule is unwarranted.
• Rhea Dopico v. Goldschmidt
  687 F.2d 644· 2d Cir.· 1982-09-02 ·cited 22×
  The court affirmed the district court's dismissal of claims against local defendants but reversed the dismissal of claims against federal defendants.
• Ritter Transp., Inc. v. Interstate Commerce Comm'n & United States
  684 F.2d 86· D.C. Cir.· 1982-07-27 ·cited 22×
  The court held that the Interstate Commerce Commission arbitrarily granted an application to broaden a carrier's authority because it failed to consider whether the applicant was fit, willing, and able to provide the expanded service.
• City OF Houston & Am. Airlines, Inc. v. Fed. Aviation Admin.
  679 F.2d 1184· 5th Cir.· 1982-07-09 ·cited 22×
  The court held that the Department of Transportation's regulations imposing a "perimeter rule" on flights to and from Washington National Airport were valid and not arbitrary or capricious.
• Bloomer Shippers Ass'n & its Members v. Interstate Commerce Comm'n & United States
  679 F.2d 668· 7th Cir.· 1982-05-06 ·cited 22×
  The court affirmed the ICC's decision, holding that its findings regarding the inadequacy of the rail line for 100-ton cars and the justification for abandonment were supported by substantial evidence and were not arbitrary or capricious.
• Bureau OF Alcohol v. Fed. Labor Relations Auth.
  672 F.2d 732· 9th Cir.· 1982-03-22 ·cited 22×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Federal Labor Relations Authority's interpretation that 5 U.S.C. § 7131(a) authorizes official time, travel expenses, and per diem for employee representatives engaged in midterm collective bargaining negotiations is reasoned and supportable and thus entit
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  671 F.2d 119· 5th Cir.· 1982-03-22 ·cited 22×
  The Federal Energy Regulatory Commission (FERC) has the authority to refer to private contract pricing provisions to identify natural gas eligible for special incentive prices, and its use of this authority in establishing the 'negotiated contract price requirement' was neither a
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  673 F.2d 514· D.C. Cir.· 1982-03-16 ·cited 22×
  The court held that the ICC's order granting Greyhound authority was arbitrary and capricious because it failed to adequately consider the systemwide anticompetitive impact on Trailways.
• McHENRY v. Langhorne M. Bond
  668 F.2d 1185· 11th Cir.· 1982-02-22 ·cited 22×
  The Board's decision was reasoned and rational, not arbitrary or capricious, and should be affirmed.
• Nat'l Tour Brokers Ass'n v. Interstate Commerce Comm'n & United States
  671 F.2d 528· D.C. Cir.· 1982-01-15 ·cited 22×
  The ICC's informal rulemaking to simplify passenger broker licensing procedures by substituting a general finding of public interest for case-by-case evaluations was not arbitrary, capricious, or contrary to law.
• Pub. Serv. Co. OF NEW Mexico v. Fed. Energy Regulatory Comm'n
  653 F.2d 681· D.C. Cir.· 1981-06-02 ·cited 22×
  The court held that the Federal Energy Regulatory Commission's (FERC) treatment of Accumulated Deferred Investment Tax Credits (ADITC) by allowing them to earn the overall rate of return, rather than the higher common equity rate, and excluding them from capitalization, was consi
• Am. Trucking Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 916· 5th Cir.· 1981-04-17 ·cited 22×
  The court held that the Interstate Commerce Commission could use informal rulemaking to establish general licensing criteria for motor carriers transporting government traffic, and that promoting competition was a valid basis for such rules.
• McCULLOCH GAS Processing Corp. v. Dep't OF Energy
  650 F.2d 1216· Temp. Emer. Ct. App.· 1981-03-03 ·cited 22×
  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
• Yacovone v. Bolger
  645 F.2d 1028· D.C. Cir.· 1981-02-20 ·cited 22×
  The court held that the Postal Service was not arbitrary or capricious in removing an employee for a theft conviction, and that a state pardon did not bar the removal action.
• Arlin Zelo McCLANAHAN v. Mulcrome
  636 F.2d 1190· 10th Cir.· 1980-10-28 ·cited 22×
  The court held that the Parole Commission's interpretation of its own regulation regarding 'new information' was not arbitrary or capricious, thus the reopening of the appellant's case was permissible.
• Haeberle v. Bd. of Trs. of Buffalo Carpenters Health-Care
  624 F.2d 1132· 2d Cir.· 1980-06-09 ·cited 22×·via Arbitrary And Capricious Standard Of Review For Trustee Decisions
  The court held that the plaintiff was not entitled to pension benefits under ERISA or estoppel theory because he forfeited his credits before the ERISA vesting provision became effective and failed to prove reliance or injury for estoppel.
• Burroughs Corp. v. The United States
  617 F.2d 590· Ct. Cl.· 1980-03-19 ·cited 22×
  A disappointed offeror is not entitled to bid preparation costs when the government's actions, even if containing irregularities, were not arbitrary and capricious, especially in a negotiated procurement with broad contracting officer discretion.
• Nat'l Treas. Emps. Union v. Campbell
  589 F.2d 669· D.C. Cir.· 1978-11-14 ·cited 22×
  The court held that the district court erred in dismissing claims for lack of jurisdiction and that the Federal Employees Health Benefits Act, specifically 5 U.S.C. § 8912, provides jurisdiction for suits challenging rates negotiated under the Act. It also held that summary judgm