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

• Menorah Med. Ctr. v. Heckler
  768 F.2d 292· 8th Cir.· 1985-07-24 ·cited 16×
  The court held that the Malpractice Rule is invalid because it is arbitrary and capricious, lacks an adequate basis-and-purpose statement, and violates the Medicare Act's reasonable cost reimbursement provisions.
• Desoto Gen. Hosp. v. Heckler
  766 F.2d 182· 5th Cir.· 1985-07-05 ·cited 16×
• Morrill Jestings v. NEW England Tel. & Tel. Co.
  757 F.2d 8· 1st Cir.· 1985-03-21 ·cited 16×
  The court held that the disability benefit plan does not require the availability of an alternative job for benefits to be denied, and Prudential's interpretation of the plan was not arbitrary.
• Elinor R. Bacon v. Dep't OF Hous. & Urban Dev.
  757 F.2d 265· Fed. Cir.· 1985-03-15 ·cited 16×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the agency's stated reason for the reduction-in-force (RIF), 'workload and skills imbalances,' was a proper basis under the applicable regulation, and that the Merit Systems Protection Board (MSPB) did not err in its decision.
• Carraway Methodist Med. Ctr. v. Heckler
  753 F.2d 1006· 11th Cir.· 1985-02-22 ·cited 16×
  The court held that the Secretary's interpretation of the regulation, requiring comparison of an intermediate care unit's services to other special care units within the same hospital, was reasonable and supported by substantial evidence.
• Gen. Elec. Co. v. United States Nuclear Regulatory Comm'n
  750 F.2d 1394· 7th Cir.· 1984-12-21 ·cited 16×
  The court held that the Reed Report is an agency record subject to disclosure under the Freedom of Information Act, and that General Electric failed to demonstrate substantial competitive harm or that the Commission's decision to release the report was arbitrary or capricious.
• Citizens State Bank OF Marshfield v. Fed. Deposit Ins. Corp.
  751 F.2d 209· 8th Cir.· 1984-12-12 ·cited 16×
  The court held that the FDIC acted arbitrarily and capriciously in ordering a cease and desist remedy for conduct that no longer violates the Truth in Lending Act due to legislative amendments, and that the FDIC lacked the statutory authority to order reimbursement for such viola
• In re the Est. OF Michael Patrick Smith v. Heckler
  747 F.2d 583· 10th Cir.· 1984-10-29 ·cited 16×
  The Secretary of Health and Human Services has a statutory duty to develop and implement a system that ensures nursing facilities receiving federal funds provide high-quality patient care, not just theoretical capability.
• Humphrey v. United States & the Interstate Commerce Comm'n
  745 F.2d 1166· 8th Cir.· 1984-10-03 ·cited 16×
  The court held that the Interstate Commerce Commission's decision to grant Greyhound permission to discontinue bus service on three routes was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Neighborhood TV Co., Inc. v. Fed. Commc'ns Comm'n & United States
  742 F.2d 629· D.C. Cir.· 1984-08-17 ·cited 16×
  The court affirmed the FCC's order establishing low power television service and its interim processing procedures, finding no infirmity in either the procedures or the channel allocation.
• Villela v. Dep't OF THE AIR Force
  727 F.2d 1574· Fed. Cir.· 1984-03-02 ·cited 16×
  The court held that the MSPB erred in finding the agency proved the appropriateness of the penalty without considering mitigating factors.
• Belland v. Pension Benefit Guar. Corp.
  726 F.2d 839· D.C. Cir.· 1984-02-03 ·cited 16×
  The Pension Benefit Guaranty Corporation (PBGC) unreasonably interpreted ERISA by failing to give adequate consideration to its remedial purpose when denying pension benefits to former factory workers.
• Am. Hosp. Ass'n v. Schweiker
  721 F.2d 170· 7th Cir.· 1983-11-01 ·cited 16×
  The court held that the Secretary acted within his statutory authority in promulgating the 1979 regulations under the Hill-Burton Act, and these regulations were not arbitrary or capricious.
• Specialty Equip. Mkt. Ass'n v. Ruckelshaus
  720 F.2d 124· D.C. Cir.· 1983-10-14 ·cited 16×
  The concurring opinion suggests the agency consider implementing an arbitration procedure and a bond requirement for reimbursement claims against aftermarket parts manufacturers.
• Sierra Club & Natural Res. Def. Council, Inc. v. Env't Prot. Agency
  719 F.2d 436· D.C. Cir.· 1983-10-11 ·cited 16×
  The court held that the EPA's definition of 'nearby' must apply to demonstrations for determining good engineering practice stack height, and remanded for regulations to reflect this. The court also found the 40% definition of 'excessive concentrations' to be a reasonable exercis
• United Transp. Union v. Drew Lewis
  711 F.2d 233· D.C. Cir.· 1983-06-17 ·cited 16×
  The court held that Section 2 of the Safety Appliance Acts mandates specific safety equipment, not operating procedures, and thus does not prohibit employees from going between cars during coupling operations.
• Tuepker v. Farmers Home Administration
  708 F.2d 1329· 8th Cir.· 1983-06-06 ·cited 16×
  The court held that the Farmers Home Administration's denial of a loan application based on collateral and repayment ability is an agency action committed to agency discretion by law, and thus not subject to judicial review under the Administrative Procedure Act. The court also h
• Holmes v. Helms
  705 F.2d 343· 9th Cir.· 1983-05-03 ·cited 16×
  The court held that the FAA's denial of exemptions from medical standards was not a violation of due process, statutory requirements for findings of fact, or the arbitrary and capricious standard.
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Barbian v. Constantine Panagis & the City of Milwaukee
  694 F.2d 476· 7th Cir.· 1982-11-30 ·cited 16×
  The appellate court affirmed the trial court's denial of a motion to interview jurors, holding that the information presented did not establish a sufficient basis to question the verdict's integrity.
• United States Dep't OF Agric. v. Fed. Labor Relations Auth.
  691 F.2d 1242· 8th Cir.· 1982-08-09 ·cited 16×
  The court should dismiss the USDA's petition for lack of jurisdiction because the FLRA's 1979 interpretive ruling was a final order and the USDA's challenge is time-barred.
• Waldemar P. Sherwin v. Sec'y OF Health & Human Servs.
  685 F.2d 1· 1st Cir.· 1982-06-22 ·cited 16×
  The Social Security Administration's (SSA) Medical-Vocational Guidelines (the "Grid") are a valid exercise of rulemaking authority and were properly applied in this case. The claimant failed to demonstrate that the Grid itself is arbitrary or that its application to him was erron
• Am. Mining Cong. v. Marshall
  671 F.2d 1251· 10th Cir.· 1982-02-22 ·cited 16×
  The court held that the Secretary of Labor's designated area sampling regulations under the MSHA were neither arbitrary and capricious nor procedurally invalid.
• Adams v. Trs. of the NEW Jersey Brewery Emps'. Pension Tr. Fund
  670 F.2d 387· 3d Cir.· 1982-01-11 ·cited 16×
  The court held that the partial termination clause was a valid exercise of trustee discretion, reversing the district court's finding that it was arbitrary and capricious. The court also affirmed the dismissal of claims against employers for direct liability and the bar of claims
• McDONOUGH v. United States Postal Serv.
  666 F.2d 647· 1st Cir.· 1981-11-18 ·cited 16×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal from the Postal Service was reasonable and supported by a preponderance of the evidence.
• United GAS Pipe Line Co. v. Fed. Energy Regulatory Comm'n
  657 F.2d 790· 5th Cir.· 1981-10-01 ·cited 16×
  The court held that the Federal Energy Regulatory Commission's regulations tying interest on refunds to the prime rate and allowing quarterly compounding were reasonable and within the Commission's statutory authority.
• BIG Y Foods, Inc. v. Nat'l Labor Relations Bd.
  651 F.2d 40· 1st Cir.· 1981-06-11 ·cited 16×
  The court held that the National Labor Relations Board did not abuse its discretion in determining that a unit of meat department employees was an appropriate bargaining unit, upholding the Board's use of a rebuttable presumption for such units.
• Gottfried v. Fed. Commc'ns Comm'n
  655 F.2d 297· D.C. Cir.· 1981-04-17 ·cited 16×
  The court affirmed the FCC's renewal of licenses for commercial stations but remanded for a hearing on the petition to deny renewal for the non-commercial station, KCET-TV.
• Nat'l Fed'n OF Fed. Emps. v. Brown
  645 F.2d 1017· D.C. Cir.· 1981-02-18 ·cited 16×
  The court held that the prevailing rate statute allows executive discretion to alter wage survey rates based on public interest considerations, such as controlling inflation.
• Monongahela Power Co. v. Interstate Commerce Comm'n & United States
  640 F.2d 504· 4th Cir.· 1981-02-13 ·cited 16×
  The court held that the Interstate Commerce Commission (ICC) did not err in denying Monongahela reparation of demurrage penalty charges when an average agreement was in place, even though Monongahela showed due diligence and lack of proximate cause for delays.
• PPG Indus., Inc. v. Costle
  630 F.2d 462· 6th Cir.· 1980-09-30 ·cited 16×
  The court held that the administrative record did not support the EPA's designation of Summit County as a nonattainment area for sulfur dioxide, remanding the rule for further consideration.
• Bruno's, Inc. v. United States
  624 F.2d 592· 5th Cir.· 1980-08-20 ·cited 16×
  The court affirmed the district court's decision, holding that the 60-day suspension was arbitrary and capricious because the FNS relied on factors outside the record and its compliance efforts were not significant.
• Nat'l Cong. OF Hispanic Am. Citizens (EL Congreso) v. Marshall
  626 F.2d 882· D.C. Cir.· 1979-12-27 ·cited 16×
  The Secretary of Labor has discretion to set priorities and delay standard development in good faith, but must provide a reasonable timetable for standards that have been initiated.
• The Diplomat Lakewood Inc. v. Harris
  613 F.2d 1009· D.C. Cir.· 1979-11-16 ·cited 16×
  The court held that the 1972 regulations requiring large independent nursing homes to use a less accurate cost-computation method than large hospitals or hospital-nursing home complexes were arbitrary, capricious, and not in accordance with law.
• Keating v. Fed. Aviation Admin. & Langhorne M. Bond
  610 F.2d 611· 9th Cir.· 1979-11-15 ·cited 16×
  The court held that the FAA's denial of Captain Keating's petition for an exemption from the Age 60 Rule and the denial of his motion to disqualify the Federal Air Surgeon were not arbitrary and capricious.
• GUY v. The United States
  608 F.2d 867· Ct. Cl.· 1979-10-17 ·cited 16×
  The court held that while a missing favorable OER constituted legal error, it was harmless for the 1972 promotion selection board but not for the 1973 board, entitling the plaintiff to relief for the latter.
• Gilbert v. Johnson
  601 F.2d 761· 5th Cir.· 1979-08-27 ·cited 16×
  The court held that while a lawyer's interest in a fee deserves protection, intervention is not always the appropriate method, especially when other means like asserting a lien are available.
• Appleyard's Motor Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  592 F.2d 8· 1st Cir.· 1979-02-16 ·cited 16×
  The court affirmed the ICC's grant of a certificate of public convenience and necessity, finding the decision supported by substantial evidence and not arbitrary or capricious, but granted a limited remand for correction of an error.
• People OF the State OF Ill. v. Nuclear Regulatory Comm'n & the United States
  591 F.2d 12· 7th Cir.· 1979-01-10 ·cited 16×
  The court held that the Nuclear Regulatory Commission has discretion to deny a request to institute a proceeding and that its denial was not arbitrary and capricious.
• PPG Indus., Inc. v. Adlene Harrison
  587 F.2d 237· 5th Cir.· 1979-01-08 ·cited 16×
  The court held that it lacked jurisdiction to hear the appeal because the 1977 amendments to the Clean Air Act did not shift jurisdiction for reviewing interpretations and applications of regulations from district courts to courts of appeals.
• Lyle v. Brenna
  589 F.2d 475· 10th Cir.· 1978-12-13 ·cited 16×
  The court held that the college's decision to terminate a tenured professor due to budgetary exigencies, based on administrative judgment of departmental needs and faculty versatility, was not arbitrary or capricious, and thus did not violate substantive due process.
• Ass'n OF Bank Travel Bureaus, Inc. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  568 F.2d 549· 7th Cir.· 1978-01-12 ·cited 16×
  The court held that the Board of Governors' interpretation of the Bank Holding Company Act's "closely related to banking" standard, using a two-tiered test, is correct and supported by substantial evidence.
• Sawyer Transp., Inc. v. United States & Interstate Commerce Comm'n
  565 F.2d 474· 7th Cir.· 1977-11-07 ·cited 16×
  The court held that the ICC's denial of a motor common carrier certificate was not in accordance with law because the ICC failed to consider the potential public benefits of increased competition.
• Ogunquit Vill. Corp. v. Davis
  553 F.2d 243· 1st Cir.· 1977-04-20 ·cited 16×
  The court held that NEPA does not provide for post-completion equitable relief for defects in an environmental impact statement, absent bad faith, to avoid opening completed projects to widespread litigation.
• Coal. FOR Responsible Reg'l Dev. & Ruth C. Sullivan v. Coleman
  555 F.2d 398· 4th Cir.· 1977-04-11 ·cited 16×
  The court affirmed the district court's denial of an injunction, finding the Secretary's determinations regarding the bridge construction and alternative sites were not arbitrary, capricious, or an abuse of discretion.
• Burlington N., Inc. v. United States & Interstate Commerce Comm'n
  549 F.2d 83· 8th Cir.· 1977-02-16 ·cited 16×
  The court held that the Interstate Commerce Commission had the statutory authority to prescribe a maximum rate for export wheat shipments, and that its determination of 92.5 cents per hundred pounds was not arbitrary or capricious.
• Goutos v. The United States
  552 F.2d 922· Ct. Cl.· 1976-12-15 ·cited 16×
  The court held that a government employee is not officially appointed to a position unless the appointing authority performs the final required act, such as signing the official appointment form.
• Kiro v. Fed. Commc'ns Comm'n & United States
  545 F.2d 204· D.C. Cir.· 1976-11-04 ·cited 16×
  The court held that the FCC's denial of KIRO's request for relief was based on contradictory rationales, lacked a rational basis, and relied on improperly noticed facts, requiring remand.
• Rodeway Inns OF Am., Inc. v. Frank
  541 F.2d 759· 8th Cir.· 1976-09-13 ·cited 16×
  The court held that competitor hotel owners lacked standing to challenge HUD's decision to allow a federally insured apartment building to convert to a hotel after the mortgage insurance had been paid out, as the relevant statutes and regulations only applied while the insurance
• Crone v. The United States
  538 F.2d 875· Ct. Cl.· 1976-07-09 ·cited 16×
  The court held that parents suing as 'next friends' for missing servicemen lack standing, but wives of servicemen who were dependents have standing. Class action status was denied.