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

• Nat'l Cable Television Ass'n, Inc. v. Copyright Royalty Tribunal
  724 F.2d 176· D.C. Cir.· 1983-12-30 ·cited 20×
  The Copyright Royalty Tribunal did not abuse its discretion in adjusting compulsory licensing rates for cable television operators in response to FCC deregulation, as its determinations were reasonable and adequately explained.
• Ga. Pub. Serv. Comm'n v. United States & Interstate Commerce Comm'n
  704 F.2d 538· 11th Cir.· 1983-05-02 ·cited 20×
  The court held that the ICC's decision to permit abandonment of the railroad line was not supported by substantial evidence and was arbitrary and capricious, as the record did not adequately support findings regarding alternative transportation and impact on rural development.
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  702 F.2d 111· 7th Cir.· 1983-03-14 ·cited 20×
  The court held that state railroad commissions exercising jurisdiction under the Staggers Act must adhere to the Interstate Commerce Commission's consistent rulings regarding average demurrage agreements.
• W. Coal Traffic League & its Members v. United States & Interstate Commerce Comm'n
  694 F.2d 378· 5th Cir.· 1982-12-08 ·cited 20×
  The court held that the Interstate Commerce Commission's rule allowing evidence of product and geographic competition in determining market dominance did not violate statutory limits and was valid.
• The Conn. Fund FOR the Env't, Inc. v. Env't Prot. Agency
  696 F.2d 169· 2d Cir.· 1982-12-01 ·cited 20×
  The court held that the EPA's approval of Connecticut's amended sulfur-in-fuel regulation was not arbitrary, capricious, or contrary to law, and that the agency's pollutant-specific approach to reviewing State Implementation Plans was reasonable.
• United States v. Victory Hwy. Vill., Inc.
  662 F.2d 488· 8th Cir.· 1981-10-28 ·cited 20×
  The court held that the United States was entitled to judicial foreclosure on the mortgage due to undisputed default, and that equitable grounds cited by the lower court were insufficient to deny foreclosure.
• Recording Indus. Ass'n OF Am. v. Copyright Royalty Tribunal & the United States
  662 F.2d 1· D.C. Cir.· 1981-06-23 ·cited 20×
  The Copyright Royalty Tribunal acted within its authority in adjusting the royalty rate and setting an effective date, but exceeded its authority by mandating annual interim rate adjustment proceedings.
• Farmland Indus., Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 208· 7th Cir.· 1981-03-03 ·cited 20×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the ICC's policy statement allowing consideration of opportunity costs in railroad abandonment decisions was a valid policy statement, not a new rule, and was within the ICC's statutory authority and not arbitrary or capricious.
• A-T-O, Inc. v. Pension Benefit Guar. Corp.
  634 F.2d 1013· 6th Cir.· 1980-11-12 ·cited 20×
  The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
• NEW York Tel. Co. v. Fed. Commc'ns Comm'n & the United States
  631 F.2d 1059· 2d Cir.· 1980-09-17 ·cited 20×
  The FCC had jurisdiction over local exchange service when used in connection with interstate FX and CCSA services, and could properly forbid NYT from collecting a discriminatory charge pursuant to a state-filed tariff.
• Am. Optometric Ass'n v. Fed. Trade Comm'n
  626 F.2d 896· D.C. Cir.· 1980-02-06 ·cited 20×
  The court held that the Supreme Court's decision in Bates v. State Bar of Arizona altered the nature of the case, requiring remand of most sections of the FTC rule for further FTC consideration.
• Dravo Corp. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  613 F.2d 1227· 3d Cir.· 1980-01-14 ·cited 20×
  The court held that the OSHA shipbuilding regulations do not, by their express terms, apply to a structural shop like Dravo's, and set aside that part of the commission's order holding the shop subject to those standards.
• Baker v. Otis Elevator Co.
  609 F.2d 686· 3d Cir.· 1979-11-13 ·cited 20×
  The court held that ERISA § 206(a) does not apply retroactively to employees who voluntarily left employment before the statute's effective date, as supported by Treasury regulations and the principle of prospective application.
• Lawyer A. Adkins v. Hampton
  586 F.2d 1070· 5th Cir.· 1978-12-26 ·cited 20×
  The court held that the Postal Service did not violate its own regulations in discharging Adkins, and his dismissal was valid.
• Husky OIL Co. v. Dep't OF Energy & James R. Schlesinger
  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
• Pac. Legal Found. v. Costle
  586 F.2d 650· 9th Cir.· 1978-08-09 ·cited 20×
  The court held that it has jurisdiction to review the EPA's extension of an NPDES permit, and that the extension was invalid due to the lack of an adequate opportunity for a public hearing.
• Prellwitz v. Loyal J. Berg and James Mathews
  578 F.2d 190· 7th Cir.· 1978-06-26 ·cited 20×
  The court held that the admission of hearsay evidence and the notice provided for the probation revocation hearing did not violate the petitioner's due process rights.
• Rueda v. Seafarers Int'l Union OF N. Am., AFL-CIO
  576 F.2d 939· 1st Cir.· 1978-05-16 ·cited 20×
  The court held that the trustees' interpretation of the pension plan's eligibility requirements was not arbitrary and capricious, and therefore should not be disregarded.
• The Chesapeake & Ohio Ry. Co. & the Baltimore & Ohio R.R. Co. v. The United States & The Interstate Commerce Comm'n
  571 F.2d 1190· D.C. Cir.· 1977-10-19 ·cited 20×
  The court held that the Interstate Commerce Commission's clarification of its 1962 merger order regarding employee protection was not arbitrary or capricious, despite potentially ambiguous language in the appendix.
• Albert v. Honorable John Chafee
  571 F.2d 1063· 9th Cir.· 1977-07-29 ·cited 20×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
• CPC Int'l, Inc. v. Train
  540 F.2d 1329· 8th Cir.· 1976-08-18 ·cited 20×
  The court held that the EPA's proposed new source standards for BOD5 were supported by the record and not arbitrary or capricious, but the proposed TSS standard was arbitrary and capricious.
• Lehigh & NEW England Ry. Co. v. Interstate Commerce Comm'n & United States
  540 F.2d 71· 3d Cir.· 1976-06-09 ·cited 20×
  The court held that the ICC's regulations denying rent to a railroad for the use of its lines by a directed carrier during unprofitable operations are a valid exercise of the ICC's authority and do not constitute a Fifth Amendment taking requiring compensation.
• Contractors Transp. Corp. v. United States & Interstate Commerce Comm'n
  537 F.2d 1160· 4th Cir.· 1976-03-08 ·cited 20×
  The court held that the Interstate Commerce Commission acted arbitrarily by denying one carrier's application for a certificate of convenience and necessity while granting a similar application from another carrier, without a rational basis for the disparate treatment.
• Smith v. Schlesinger
  513 F.2d 462· D.C. Cir.· 1975-05-15 ·cited 20×
  The court held that the investigative file was potentially relevant for discovery, even if not part of the administrative record, because it could shed light on the basis for the security clearance denial and the procedural fairness of the administrative proceedings.
• Jewell D. Chandler v. Johnson
  515 F.2d 251· 9th Cir.· 1975-04-25 ·cited 20×
  The court held that a federal employee is not automatically entitled to a trial de novo in a Title VII action, and the district court did not abuse its discretion by deciding the case on the administrative record when it was fair, impartial, and supported by substantial evidence.
• Multiple USE, Inc. v. Rogers C. B. Morton
  504 F.2d 448· 9th Cir.· 1974-10-02 ·cited 20×
  The court held that the administrative record contained substantial evidence to support the Secretary's finding of no valuable mineral deposit and that the marketability test was properly applied as a complement to the prudent man test.
• Angela Ratnayake & the Town & Country Montessori Sch. v. Mack
  499 F.2d 1207· 8th Cir.· 1974-06-12 ·cited 20×
  The court held that the Secretary of Labor's denial of labor certification is judicially reviewable under the Administrative Procedure Act, and that the Secretary abused his discretion by failing to adequately document the availability and willingness of qualified U.S. workers an
• Morningside Renewal Council, Inc. v. United States Atomic Energy Comm'n & United States
  482 F.2d 234· 2d Cir.· 1973-07-05 ·cited 20×
  The dissenting judge argues that the case should be reversed due to the absence of applicable safety standards for teaching reactors and the failure to prepare an Environmental Impact Statement (EIS) under NEPA.
• United States v. Strayhorn
  471 F.2d 661· 2d Cir.· 1972-12-12 ·cited 20×
  The court held that technical violations or missed deadlines by the Selective Service system are insufficient to establish the order of call defense; actual prejudice and arbitrary action must be shown. It also established procedural guidelines for raising this defense.
• United States v. Prof'l AIR Traffic Controllers Org. (Patco)
  438 F.2d 79· 2d Cir.· 1970-12-10 ·cited 20×
  The court held that the district court erred in enjoining the FAA from taking disciplinary action against air traffic controllers who participated in an unlawful work stoppage.
• United States v. Weintraub
  429 F.2d 658· 2d Cir.· 1970-06-23 ·cited 20×
  The court held that while defense counsel should generally be allowed to inspect registrant files, the restriction in this case was not grounds for reversal because a review of the files showed a basis in fact for the board's determination.
• Nat'l Labor Relations Bd. v. Chelsea Clock Co.
  411 F.2d 189· 1st Cir.· 1969-05-16 ·cited 20×
  The court held that the Regional Director's consolidation of an unfair labor practice case with a consent election representation case, leading to a delayed decision by the Regional Director, constituted an arbitrary and capricious departure from proper procedure, invalidating th
• Titusville Cable TV, Inc. v. United States & Fed. Commc'ns Comm'n
  404 F.2d 1187· 3d Cir.· 1968-12-23 ·cited 20×
  The court held that the FCC's denial of waiver requests for nonduplication rules was not arbitrary or capricious and did not violate petitioners' rights. The procedural provisions of the Communications Act regarding hearings for licensees do not apply to CATV operators seeking wa
• Ricker v. The United States
  396 F.2d 454· Ct. Cl.· 1968-06-14 ·cited 20×
  The court held that a Selection Board's recommendation, if based on an illegally constituted board, does not render the Secretary's personnel action void, but may be considered arbitrary and capricious.
• Holman v. The United States
  383 F.2d 411· Ct. Cl.· 1967-10-13 ·cited 20×
  The court held that the administrative removal decision was supported by substantial evidence and was not arbitrary or capricious, despite the reversal of the plaintiff's criminal conviction.
• Nat'l Labor Relations Bd. v. Int'l Longshoremen's & Warehousemen's Union
  378 F.2d 33· 9th Cir.· 1967-05-15 ·cited 20×
  The court held that the National Labor Relations Board's order assigning work to production and maintenance employees (Steelworkers) over a union's claim (Longshoremen) was supported by substantial evidence and must be enforced.
• First Wis. Bankshares Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  325 F.2d 946· 7th Cir.· 1963-12-17 ·cited 20×
  The court held that the Board of Governors' denial of bank holding company applications was supported by substantial evidence and did not violate due process, affirming the Board's decision.
• Nat'l Labor Relations Bd. v. Sumner Sand & Gravel Co.
  293 F.2d 754· 9th Cir.· 1961-07-07 ·cited 20×
  The court held that the National Labor Relations Board had jurisdiction and that the company's challenges to the election and bargaining units were barred by consent election agreements.
• McKENNA v. Seaton
  259 F.2d 780· D.C. Cir.· 1958-03-20 ·cited 20×
  The Secretary of the Interior was bound by his own regulation and could not permit a nunc pro tunc amendment to validate a defective lease application after another applicant had complied with the regulation.
• United States ex rel. Dolenz v. Shaughnessy
  200 F.2d 288· 2d Cir.· 1952-12-05 ·cited 20×
  The court held that the Attorney General's finding that the appellant would not be subjected to physical persecution was inadequate because it was negative in form and lacked deliberation. The court would reverse the decision based on this inadequacy.
• Benzian v. Godwin
  168 F.2d 952· 2d Cir.· 1948-06-30 ·cited 20×
  The court held that the training and service provisions of the Selective Service Act applied to temporary business visitors and that the disability incurred by accepting an exemption from service, which barred future citizenship, remained in effect even after the Act's repeal.
• Van Der Loo v. Porter
  160 F.2d 110· Emer. Ct. App.· 1946-09-05 ·cited 20×
  A price regulation is not invalid simply because it subjects an individual to hardship or a competitive disadvantage, especially if it was fair on its face and the hardship was not anticipated.
• United States ex rel. Brandon v. Downer
  139 F.2d 761· 2d Cir.· 1944-01-07 ·cited 20×
  The court held that the Appeal Board's decision was not arbitrary or capricious, and procedural objections raised by the appellant lacked merit.
• Ervin B. Madden v. ITT Long Term Disability Plan FOR Salaried Employees
  914 F.2d 1279· 9th Cir.· 1990-09-17 ·cited 19×
  The court held that Metropolitan's decision to terminate disability benefits was subject to arbitrary and capricious review and was supported by substantial evidence, and that the employer was not a proper party.
• J.D. Miller v. Fed. Deposit Ins. Corp.
  906 F.2d 972· 4th Cir.· 1990-06-22 ·cited 19×
  The court affirmed summary judgment on liability for violating the Change in Banking Control Act but remanded for de novo review of the penalty amount.
• Wis. Elec. Power Co. v. Reilly
  893 F.2d 901· 7th Cir.· 1990-01-19 ·cited 19×
  The court held that WEPCO's extensive life-extension project at its power plant constitutes a 'physical change' under the Clean Air Act, triggering New Source Performance Standards (NSPS) and Prevention of Significant Deterioration (PSD) requirements, and that the EPA's determina
• Sejman v. Warner-Lambert Co., Inc.
  889 F.2d 1346· 4th Cir.· 1989-11-24 ·cited 19×
  The court held that former employees are not entitled to severance pay under the former employer's policy when they continued employment with the acquiring company, as their claims are governed by ERISA and their severance benefits did not vest.
• Earline H. Dixon v. Seafarers' Welfare Plan
  878 F.2d 1411· 11th Cir.· 1989-08-04 ·cited 19×
  The court held that the district court did not abuse its discretion in denying attorney's fees to a prevailing party under ERISA, as the decision was supported by an adequate analysis of the relevant factors.
• Olson v. Norman
  830 F.2d 811· 8th Cir.· 1987-09-15 ·cited 19×
  The court held that the Secretary improperly terminated Medicaid benefits by considering sibling income, as this constitutes impermissible 'deeming' under 42 U.S.C. § 1396a(a)(17)(D). The court also reversed in part the award of attorneys' fees against the Secretary.
• Riddle v. Sec'y OF Health & Human Servs.
  817 F.2d 1238· 6th Cir.· 1987-05-01 ·cited 19×
  The dissenting judge would affirm the district court's denial of attorney fees, finding the Secretary's position substantially justified.