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

• Amos Tomlin v. Bd. OF Trs. OF the Constr. Laborers Pension Tr. FOR S. Cal. & the Constr. Laborers Pension Tr. for S. Cal.
  586 F.2d 148· 9th Cir.· 1978-11-13 ·cited 22×
  The court held that the Trustees' denial of pro rata disability pensions was not arbitrary and capricious, as they acted in good faith with a sufficient factual foundation and substantial evidence.
• Nat'l Labor Relations Bd. v. Chicago Health & Tennis Clubs, Inc.
  567 F.2d 331· 7th Cir.· 1977-12-02 ·cited 22×
  The court held that the Board's determination of a single store as an appropriate bargaining unit was unreasonable for Saxon Paint due to high integration and lack of manager autonomy, but reasonable for Chicago Health Clubs due to greater manager autonomy and lack of bargaining
• Off. OF Commc'n OF the United Church OF Christ v. Fed. Commc'ns Comm'n & United States
  560 F.2d 529· 2d Cir.· 1977-08-05 ·cited 22×
  The court held that the FCC's order changing the threshold for requiring broadcast stations to submit written equal employment opportunity (EEO) programs was arbitrary and capricious because the agency failed to provide a rational and explicit justification for the policy change.
• Granite City Steel Co. v. Env't Prot. Agency
  501 F.2d 925· 7th Cir.· 1974-08-22 ·cited 22×
  The court held that the company's petition to review the EPA's interim compliance schedule was untimely and that the dates were not arbitrary or capricious.
• Cooper Labs., Inc. v. Comm'r, Fed. Food & Drug Admin.
  501 F.2d 772· D.C. Cir.· 1974-04-19 ·cited 22×
  The court held that the FDA's withdrawal of Protamide's new drug application approval was proper because the submitted evidence did not constitute substantial evidence of efficacy, and summary procedures were appropriate.
• Lowenstern v. Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio
  479 F.2d 1211· D.C. Cir.· 1973-05-21 ·cited 22×
  The court held that the Pension Plan Administrators' interpretation of 'employed' was not arbitrary and capricious, thus upholding their denial of vested benefits.
• Nat'l Labor Relations Bd. v. Staiman Bros.
  466 F.2d 564· 3d Cir.· 1972-08-15 ·cited 22×
  The court held that the regional director acted arbitrarily and denied due process by refusing to grant a hearing on the employee's eligibility to vote, given the critical nature of his ballot and the prima facie evidence of total disability.
• Nor-Am Agric. Prods., Inc. v. Hardin
  435 F.2d 1151· 7th Cir.· 1970-11-09 ·cited 22×
• Elec. & Missile Facilities, Inc. v. The United States
  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
• First-Citizens Bank & Tr. Co. v. Camp
  409 F.2d 1086· 4th Cir.· 1969-04-03 ·cited 22×
  The Comptroller is bound by state law criteria for branch bank approval, and his findings approving branch bank openings were supported by substantial evidence.
• Ne. Broad., Inc. v. Fed. Commc'ns Comm'n
  400 F.2d 749· D.C. Cir.· 1968-07-19 ·cited 22×
  The court affirmed the grant of Naugatuck's application, finding the Commission could rationally accept the explanation for the applicant's high power.
• Cherrin Corp. v. Nat'l Labor Relations Bd.
  349 F.2d 1001· 6th Cir.· 1965-08-13 ·cited 22×
  The court held that the National Labor Relations Board's determination to exclude an employee from a bargaining unit based on special status, even if related to family ties, is permissible if supported by reasonable grounds, and the court will not overturn such findings absent th
• DEW v. Najeeb E. Halaby
  317 F.2d 582· D.C. Cir.· 1963-03-28 ·cited 22×
  The court held that permanent civil service workers can be fired for pre-employment acts unrelated to their government service.
• Marshall Field & Co. v. Nat'l Labor Relations Bd.
  135 F.2d 391· 7th Cir.· 1943-04-20 ·cited 22×
  The dissenting judge believes the Board's order should be enforced because its findings are supported by evidence and its procedure did not violate the statute.
• Nw. Elec. Co. v. Fed. Power Comm'n
  125 F.2d 882· 9th Cir.· 1942-02-13 ·cited 22×
  The court held that the Federal Power Commission has the authority to prescribe a system of accounts for public utilities, and its determination of what constitutes necessary or appropriate accounting practices is subject to judicial review only for reasonableness.
• Diamond R. Fertilizer & Seibels Bruce Grp. v. Davis
  567 So. 2d 451· Fla. 1st DCA· 1990-08-30 ·cited 21×
  Diamond R. Fertilizer and its workers' compensation carrier appealed a permanent total disability award to Jimmy Davis, a former employee who developed a neurological condition allegedly from workplace exposure to toxic chemicals. The appellate court reversed and remanded, findin
• Env't Def. Fund v. Env't Prot. Agency & Lee M. Thomas
  852 F.2d 1316· D.C. Cir.· 1988-07-29 ·cited 21×
  The EPA's decision to withdraw its proposed reinterpretation of the Bevill Amendment's mining waste exclusion, without further refinement, was arbitrary and capricious, as it left six hazardous smelter wastes unregulated and reinstated an overbroad interpretation of the exclusion
• Grier v. Secretary OF the Army
  799 F.2d 721· 11th Cir.· 1986-09-19 ·cited 21×
  A federal employee must exhaust administrative remedies by filing a discrimination charge with the agency before suing under Title VII, and agency hiring decisions are reviewed under the APA for arbitrary or capricious action, not de novo.
• Commonwealth OF Pa. v. United States
  781 F.2d 334· 3d Cir.· 1986-01-06 ·cited 21×
  States are strictly liable for financial losses from erroneous food stamp benefit issuances, but federal agencies cannot assess interest on such debts without specific statutory authorization.
• Pub. Power Council v. Johnson
  674 F.2d 791· 9th Cir.· 1982-04-13 ·cited 21×
  The court held that discovery should proceed at this stage, allowing the merits panel to ultimately decide the scope of the administrative record.
• Hester Maggard v. O'Connell
  671 F.2d 568· D.C. Cir.· 1982-02-12 ·cited 21×
  The court held that the district court's review of the trustees' denial of retirement benefits was inadequate, requiring a remand for more careful and explicit consideration of the evidence.
• Nat'l Wildlife Fed'n v. Costle
  629 F.2d 118· D.C. Cir.· 1980-07-02 ·cited 21×
  The court held that the EPA's revised regulations, which established less stringent restrictions for dredged wastes compared to nondredged materials, were not unlawful. However, the court found that the issue of whether the Corps' site designations constituted APA rulemaking was
• Paccar, Inc. v. Nat'l Hwy. Traffic Safety Admin. & Dep't of Transp.
  573 F.2d 632· 9th Cir.· 1978-04-17 ·cited 21×
  The court held that the stopping distance requirements of Motor Vehicle Safety Standard No. 121 were not reasonable or practicable when implemented due to unforeseen problems with antilock braking systems and inadequate agency testing.
• Cross-Sound Ferry Servs., Inc. v. The United States & Interstate Commerce Comm'n
  573 F.2d 725· 2d Cir.· 1978-03-13 ·cited 21×
  The court held that the Interstate Commerce Commission (ICC) acted within its discretion in granting Maseony Transport and Ferry Service, Inc. a conditional certificate of public convenience and necessity, and that the petitioners' challenges based on procedural irregularities, e
• Cuff v. Gleason
  515 F.2d 127· 2d Cir.· 1975-04-15 ·cited 21×
  The court held that it lacked federal subject matter jurisdiction over the dispute concerning the denial of a disability pension from a jointly administered labor-management trust fund.
• Nw. Airlines, Inc. v. AIR Line Pilots Ass'n
  373 F.2d 136· 8th Cir.· 1967-02-23 ·cited 21×
  The court held that the System Board of Adjustment's award of reinstatement is final and binding, and the district court correctly denied a de novo review of this portion of the award.
• Cmty. Nat'l Bank OF Pontiac v. Saxon
  310 F.2d 224· 6th Cir.· 1962-11-26 ·cited 21×
  The court held that the Comptroller's determination that an area constituted a 'village' under Michigan law was a factual finding that, if reasonably supported by substantial evidence and not arbitrary or capricious, was conclusive and not subject to de novo review.
• Bluestein v. Skinner
  908 F.2d 451· 9th Cir.· 1990-07-10 ·cited 20×
  The court held that the FAA's regulations requiring random drug testing of certain aviation employees do not violate the Fourth Amendment or the Administrative Procedure Act.
• Johnson v. Enron Corp.
  906 F.2d 1234· 8th Cir.· 1990-06-21 ·cited 20×
  The court held that the denial of the plaintiff's request to rescind his early retirement election was not arbitrary and capricious, and he was not eligible for severance benefits because he was not involuntarily terminated.
• Anny Newman v. Commonwealth OF Mass.
  884 F.2d 19· 1st Cir.· 1989-08-28 ·cited 20×
  Defendants are entitled to qualified immunity on the procedural and substantive due process claims because their actions did not violate clearly established law. However, defendant Burgin is not entitled to immunity on state tort claims due to potential malice.
• Amisub (PSL), Inc. v. The State OF Colo. Dep't OF Soc. Servs.
  879 F.2d 789· 10th Cir.· 1989-07-11 ·cited 20×
  The court held that Colorado's Medicaid reimbursement rates violated federal law both procedurally and substantively, and that Medicaid providers have enforceable rights under 42 U.S.C. § 1983.
• Mich. Citizens FOR AN Indep. Press v. Thornburgh
  868 F.2d 1285· D.C. Cir.· 1989-01-27 ·cited 20×
  The dissenting judge argues that the Attorney General improperly approved a Joint Operating Agreement (JOA) for the Detroit Free Press and Detroit News, and that the case should be remanded for reconsideration.
• S. Union GAS Co. v. Fed. Energy Regulatory Comm'n
  840 F.2d 964· D.C. Cir.· 1988-03-08 ·cited 20×
  The court held that the Federal Energy Regulatory Commission (FERC) did not abuse its discretion by denying a request to investigate a gas curtailment plan, as the agency considered the relevant factors and exercised its discretion.
• Golden Pac. Bancorp v. Clarke
  837 F.2d 509· D.C. Cir.· 1988-01-26 ·cited 20×
  The court held that the appellant's claim for damages against the government is barred by the discretionary function exception to the Federal Tort Claims Act, as the Comptroller's actions involved policy judgments.
• City OF Brookings Mun. Tel. Co. v. Fed. Commc'ns Comm'n & United States
  822 F.2d 1153· D.C. Cir.· 1987-07-07 ·cited 20×
  The court held that the FCC's approval of NECA's modified reimbursement system was arbitrary and capricious because NECA's proposal lacked sufficient justification and data, and the FCC failed to adequately address these flaws.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & the United States
  821 F.2d 741· D.C. Cir.· 1987-06-26 ·cited 20×
  The court held that the FCC failed to provide a reasoned basis for eliminating children's television commercialization guidelines but adequately justified its relaxation of program logging requirements.
• Nat'l Coal. Against THE Misuse OF Pesticides v. Thomas
  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.
• Cent. States Enters., Inc. v. Interstate Commerce Comm'n & United States
  780 F.2d 664· 7th Cir.· 1985-12-23 ·cited 20×
  The court affirmed the Interstate Commerce Commission's decision denying Central States Enterprises' request for reciprocal switching and joint use of terminal services, finding the Commission acted within its authority and applied the correct legal standards.
• Local 32, Am. Fed'n OF Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  774 F.2d 498· D.C. Cir.· 1985-10-11 ·cited 20×
  The court held that the Federal Labor Relations Authority's orders, which deemed proposals defining the competitive area for Reduction-in-Force (RIF) implementation non-negotiable, must be vacated due to apparent inconsistencies with prior FLRA precedent.
• Chambless v. Masters
  772 F.2d 1032· 2d Cir.· 1985-08-28 ·cited 20×
  The court held that the pension plan amendment was arbitrary and capricious because it was not adopted in the interest of plan participants and beneficiaries and therefore declared it a nullity. The court also found that the amendment, when combined with the wage-related benefit
• Turner v. CF & I Steel Corp. & Non-Contributory Pension Plan of CF & I Steel Corp. & the Pension Plan of CF & I Steel Corp. & Program of Ins. Benefits For Emps. of CF & I Steel Corp. Outside of Collective Bargaining Units
  770 F.2d 43· 3d Cir.· 1985-08-14 ·cited 20×
  Beneficiaries suing a plan trustee for pension benefits under ERISA § 502(a)(1)(B) are not entitled to a jury trial, as such claims are considered equitable in nature.
• Natural Res. Def. Council, Inc. v. Herrington
  768 F.2d 1355· D.C. Cir.· 1985-07-16 ·cited 20×
  The court held that the Department of Energy's (DOE) 'no-standard standards' for appliance efficiency were unsupported by substantial evidence and contrary to law, violating EPCA and NEPA requirements.
• Bedford Med. Ctr. v. Heckler
  766 F.2d 321· 7th Cir.· 1985-07-01 ·cited 20×
  The court held that the Secretary's disallowance of excess physical therapy costs, interest expense on borrowed funds for a debt service reserve, and physician recruiting costs were not arbitrary, capricious, or contrary to law.
• La. Wildlife Fed'n, Inc. v. York
  761 F.2d 1044· 5th Cir.· 1985-05-31 ·cited 20×
  The court held that plaintiffs failed to meet their burden of proof to show that the Corps acted unreasonably in not preparing a supplemental EIS.
• Humana OF Aurora, Inc. v. Heckler
  753 F.2d 1579· 10th Cir.· 1985-02-11 ·cited 20×
  The court held that the Malpractice Rule was an arbitrary and capricious exercise of the Secretary's informal rulemaking powers because the underlying study was flawed and did not support the rule's premises.
• NEW York State Comm'n ON Cable Television v. Fed. Commc'ns Comm'n & United States
  749 F.2d 804· D.C. Cir.· 1984-11-30 ·cited 20×
  The FCC's preemption of state and local entry regulation of Satellite Master Antenna Television (SMATV) systems is within its statutory authority and was a reasonable exercise of that authority.
• Black v. Interstate Commerce Comm'n & United States
  737 F.2d 643· 7th Cir.· 1984-06-15 ·cited 20×
  The court held that the ICC's calculation of lost coal revenues was arbitrary and capricious because it deviated from its own regulations and relied on an unconsummated sale. The court also found that the ICC should have considered a shipper's second offer of financial assistance
• Arkla Exploration Co. & State of Ark. v. Tex. OIL & GAS Corp.
  734 F.2d 347· 8th Cir.· 1984-05-07 ·cited 20×
  The court should not substitute its judgment for the Secretary's if there is a rational basis for the administrative action.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  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.
• SUN Towers, Inc. v. Heckler
  725 F.2d 315· 5th Cir.· 1984-02-21 ·cited 20×
  The court held that the Secretary's decision to disallow stock maintenance costs was timely, reversing the district court on that issue, but affirmed the district court's judgment regarding other disallowed costs and returns on equity.