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

• Gould, Inc. v. Chafee
  450 F.2d 667· D.C. Cir.· 1971-06-30 ·cited 14×
  The court held that the district court's dismissal order was vacated because it lacked stated reasons and potentially rested on a doubtful legal premise, requiring remand for clarification or reconsideration.
• A. G. Schoonmaker Co., Inc. v. Resor
  445 F.2d 726· D.C. Cir.· 1971-06-23 ·cited 14×
• Dean Constr. Co., Inc. v. The United States
  411 F.2d 1238· Ct. Cl.· 1969-06-20 ·cited 14×
  The court held that the Board's denial of further time extensions was supported by substantial evidence, and that the contracting officer's findings of fact, while a rebuttable admission, were not binding for summary judgment on the breach of contract claim.
• Boating Indus. Ass'n & Holsclaw Bros., Inc. v. Hon. Alan S. Boyd
  409 F.2d 408· 7th Cir.· 1969-03-27 ·cited 14×
  The court held that the agency's adoption of Federal Motor Vehicle Safety Standard 108 was not arbitrary or capricious, and that petitioners failed to present adequate grounds for remand.
• Sanford v. United States
  399 F.2d 693· 9th Cir.· 1968-08-27 ·cited 14×
  The court held that judicial relief from the Army Board for Correction of Military Records is unavailable without a showing that the Board's action was arbitrary, capricious, or unsupported by substantial evidence.
• Halsey v. Nitze
  390 F.2d 142· 4th Cir.· 1968-01-23 ·cited 14×
  The court held that the administrative agency's decision to discharge the appellant was not arbitrary, capricious, or unsupported by substantial evidence, and thus summary judgment was appropriate.
• Channel 9 Syracuse, Inc. v. Fed. Commc'ns Comm'n
  385 F.2d 969· D.C. Cir.· 1967-09-26 ·cited 14×
  The court affirmed the FCC's grant of microwave applications and CATV waivers, finding the record sufficient to support the decision despite some lack of specificity.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Houston v. The United States
  297 F.2d 838· Ct. Cl.· 1962-01-12 ·cited 14×
  The court held that the Civil Service Commission's decision to uphold the plaintiff's discharge was not arbitrary or capricious, and therefore, the court lacked jurisdiction to further review the matter.
• Bay State Beacon, Inc. v. Fed. Commc'ns Comm'n (Cur-Nan Co.
  171 F.2d 826· D.C. Cir.· 1948-12-20 ·cited 14×
  The court held that the FCC's decision to grant a construction permit to one applicant over another was not arbitrary, capricious, or erroneous in law, and was supported by substantial evidence.
• Chambless v. Masters
  885 F.2d 1053· 2d Cir.· 1989-09-12 ·cited 13×
  The court held that the district court's award of actuarially-adjusted benefits was the functional equivalent of prohibited retroactive benefits, and affirmed the district court's attorney fee award, except for paraprofessional services which require further consideration.
• Kreis v. Secretary of the Air Force
  866 F.2d 1508· D.C. Cir.· 1989-02-07 ·cited 13×
  The court held that a claim for retroactive military promotion is nonjusticiable, but claims challenging the Secretary's denial of corrective action regarding military records are reviewable under the Administrative Procedure Act.
• Griffon v. United States Dep't of Health & Human Servs.
  832 F.2d 51· 5th Cir.· 1987-10-27 ·cited 13×
  The court held that the government's position was substantially justified, denying the petitioner's application for attorneys' fees under the Equal Access to Justice Act.
• Fielding v. Int'l Harvester Co.
  815 F.2d 1254· 9th Cir.· 1987-04-23 ·cited 13×
  The court held that the employer's denial of special early retirement benefits was not arbitrary or capricious, as the plan allowed for discretion in granting such benefits.
• Solid State Circuits v. United States Env't Prot. Agency
  812 F.2d 383· 8th Cir.· 1987-02-18 ·cited 13×
  The court held that the punitive damages provision of CERCLA does not violate due process when interpreted to allow a challenge to an EPA order if the party has an objectively reasonable basis for believing the order is invalid or inapplicable.
• Lemke v. Cass Cnty.
  846 F.2d 469· 8th Cir.· 1987-02-04 ·cited 13×
  The court affirmed the district court's grant of summary judgment, finding no error in the judgment.
• Hossein A. Salehi v. Dist. Dir.
  796 F.2d 1286· 10th Cir.· 1986-07-16 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the aliens' claims challenging administrative actions and seeking asylum, as these claims were not direct attacks on their final deportation orders.
• ST. Mary's Hosp. OF Troy v. Blue Cross AND Blue Shield Association/Blue Cross AND Blue Shield OF Greater NEW York
  788 F.2d 888· 2d Cir.· 1986-04-16 ·cited 13×
  The court held that the Medicare Provider Reimbursement Manual's requirements for interest reimbursement on loans from a funded depreciation account were valid and properly applied.
• Off. OF Commc'n Of the United Church OF Christ v. Fed. Commc'ns Comm'n & United States
  779 F.2d 702· D.C. Cir.· 1985-12-20 ·cited 13×
  The court held that the FCC's revised regulation requiring broadcasters to maintain an illustrative list of community issues addressed by their programming is arbitrary and capricious because it fails to provide sufficient information for the public to participate effectively in
• Amalgamated Transit Union Int'l, AFL-CIO v. Donovan
  767 F.2d 939· D.C. Cir.· 1985-07-09 ·cited 13×
  The court held that Section 13(c) of UMTA mandates the continuation of collective bargaining rights, and the Secretary of Labor cannot certify a labor protective agreement that fails to provide for such continuation, even if state law prohibits it.
• Deukmejian v. United States Postal Serv.
  734 F.2d 460· 9th Cir.· 1984-06-05 ·cited 13×
  The court held that the Attorney General's office, as a state government agency primarily focused on law enforcement, does not qualify for special third-class bulk mailing rates under the "philanthropic organization" classification.
• City OF Alexandria v. Helms
  728 F.2d 643· 4th Cir.· 1984-02-28 ·cited 13×
  The district court lacked jurisdiction to issue a preliminary injunction because the FAA's decision to authorize a temporary flight pattern test constituted a final order reviewable exclusively by the Courts of Appeals, and the National Environmental Policy Act did not provide an
• Griffis v. DELTA Family-Care Disability and Survivorship Plan and Delta Family Care Medical Plan
  723 F.2d 822· 11th Cir.· 1984-01-23 ·cited 13×
  The court affirmed the district court's grant of summary judgment, holding that the administrative committee's decision to deny benefit reinstatement was not arbitrary or capricious.
• Pitzak v. Off. OF Pers. Mgmt.
  710 F.2d 1476· 10th Cir.· 1983-07-14 ·cited 13×
  The court held that while factual determinations of disability are not judicially reviewable, procedural and constitutional claims regarding agency action are subject to review.
• Hall v. Fed. Energy Regulatory Comm'n
  691 F.2d 1184· 5th Cir.· 1982-11-26 ·cited 13×
  The court held that the Federal Energy Regulatory Commission (FERC) abused its discretion in denying Hall Group's application for a waiver of notice requirements, as the Commission's stated reasons lacked sufficient support and misapplied legal principles.
• Tenn. GAS Pipeline Co. v. Fed. Energy Regulatory Comm'n
  689 F.2d 212· D.C. Cir.· 1982-09-10 ·cited 13×
  The court held that the Federal Energy Regulatory Commission acted reasonably and within its authority in imposing a 60 percent load factor condition on a certificate of public convenience and necessity for a natural gas pipeline system.
• Ernestine Graham v. Caston
  568 F.2d 1092· 5th Cir.· 1978-03-01 ·cited 13×
  The court held that the Secretary of HUD's failure to review claims under Section 518 is subject to judicial review, despite the statute's provision that the Secretary's decisions are final and unreviewable.
• RCA Global Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  563 F.2d 1· 2d Cir.· 1977-07-27 ·cited 13×
  The court granted petitions for rehearing and remanded the case to the FCC for further proceedings and findings regarding the 'interim' formula.
• Mountain States Tel. & Tel. Co. v. The United States
  499 F.2d 611· Ct. Cl.· 1974-06-19 ·cited 13×
  The court held that the Forest Service's method of determining permit fees based on the 'value of the use,' specifically by using 'value of the investment,' was a proper exercise of administrative discretion and not arbitrary or capricious.
• Woko, Inc. v. Fed. Commc'ns Comm'n
  153 F.2d 623· D.C. Cir.· 1946-01-21 ·cited 13×
  The court held that the Commission's denial of a license renewal based solely on a past, uninfluential concealment of beneficial stock ownership, without considering the station's service quality or other public interest factors, was arbitrary and capricious.
• Alan Levin Found. v. Bowles
  152 F.2d 467· Emer. Ct. App.· 1945-12-05 ·cited 13×
  The court held that the Price Administrator's interpretation of Order No. 71, requiring sellers to absorb state license fees, was reasonable and not arbitrary or capricious. The court also found no discriminatory application of the order's interest provisions.
• Byars v. THE Coca-Cola Co.
  517 F.3d 1256· 11th Cir.· 2008-02-22 ·cited 12×
  The Eleventh Circuit vacated the district court's judgment regarding "any occupation" benefits and the amount of "own occupation" benefits, remanding for further proceedings. The court affirmed the denial of statutory penalties and prejudgment interest, and the denial of reinstat
• United States v. Royal N. Hardage
  982 F.2d 1436· 10th Cir.· 1992-12-21 ·cited 12×
  The court held that a defendant challenging the government's response costs under CERCLA must prove the government's response actions were inconsistent with the NCP, not merely that individual costs were excessive. It also held that a declaratory judgment on liability for future
• Kent Cnty. v. United States Env't Prot. Agency
  963 F.2d 391· D.C. Cir.· 1992-05-01 ·cited 12×
  The court held that the EPA acted arbitrarily and capriciously by using only an unfiltered groundwater sample to calculate the waste characteristics score for the Houston landfill, and vacated the decision to list the site on the National Priorities List.
• United States v. Molina
  952 F.2d 514· D.C. Cir.· 1992-01-07 ·cited 12×
  The court held that the district court erred by relying on impermissible factors for departure and by failing to adequately justify the extent of the departure.
• Roanoke River Basin Ass'n v. Hudson
  940 F.2d 58· 4th Cir.· 1991-07-03 ·cited 12×
  The court affirmed the Army Corps of Engineers' decision to issue a permit for a water pipeline, finding the decision was not arbitrary, capricious, or unsupported by substantial evidence.
• Int'l Bhd. of Teamsters v. Dep't OF Transp.
  932 F.2d 1292· 9th Cir.· 1991-04-26 ·cited 12×
  The court held that the Federal Highway Administration's drug testing regulations for commercial motor vehicle operators do not violate the Fourth Amendment and were not promulgated arbitrarily or capriciously.
• Matsushita Elec. Indus. Co., Ltd. v. The United States & The United States Int'l Trade Comm'n
  929 F.2d 1577· Fed. Cir.· 1991-04-03 ·cited 12×
  The court held that the Court of International Trade erred in granting a preliminary injunction barring in-house counsel access to proprietary information, as the ITC's decision was not arbitrary, capricious, or an abuse of discretion.
• Blank v. Bethlehem Steel Corp.
  926 F.2d 1090· 11th Cir.· 1991-03-19 ·cited 12×
  The court held that the plan administrator's denial of rule-of-65 benefits was not arbitrary and capricious, as the sale of the division was reasonably distinguished from prior sales deemed 'shutdowns'.
• Jones v. Laborers Health & Welf. Tr. Fund
  906 F.2d 480· 9th Cir.· 1990-06-29 ·cited 12×
  The court held that the district court did not err in granting summary judgment because the Trust Fund did not abuse its discretion in denying benefits for hyperthermia treatment.
• Gen. Motors Corp. v. Nat'l Hwy. Traffic Safety Admin.
  898 F.2d 165· D.C. Cir.· 1990-02-27 ·cited 12×
  The court held that the National Highway Traffic Safety Administration's (NHTSA) decision to deny petitions for retroactive amendments to fuel economy standards was reasonable, as it was based on a permissible interpretation of its statutory authority under the Energy Policy Cons
• City OF LAS Vegas v. Lujan
  891 F.2d 927· D.C. Cir.· 1989-12-13 ·cited 12×
  The court held that the Secretary of Interior's emergency listing of the desert tortoise population was justified under the Endangered Species Act, and appellants were unlikely to succeed on the merits of their challenge.
• Ill. Bell Tel. Co. v. Fed. Commc'ns Comm'n & United States
  883 F.2d 104· D.C. Cir.· 1989-08-01 ·cited 12×
  The court held that the FCC's order conditioning the BOCs' marketing of customer premises equipment on providing independent vendors a meaningful opportunity to market network services was a rational exercise of its authority and not preempted by statute.
• State OF Cal. v. Fed. Energy Regulatory Comm'n
  877 F.2d 743· 9th Cir.· 1989-06-06 ·cited 12×
  The Federal Power Act (FPA) vests exclusive federal authority in FERC to set minimum flow rates for hydroelectric projects, preempting state regulation in this area.
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  873 F.2d 395· D.C. Cir.· 1989-04-28 ·cited 12×
  The court held that the ICC failed to adequately explain its change in policy regarding the ferry service exemption and remanded for further explanation, but affirmed the grant of temporary operating authority to Viking.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  872 F.2d 438· D.C. Cir.· 1989-04-07 ·cited 12×
  The court held that FERC's termination of the rulemaking was arbitrary and capricious because the agency failed to justify its decision, particularly in light of its own tentative conclusion that the incentive price was contrary to the public interest and potentially violated the
• Quivira Mining Co. v. United States Nuclear Regulatory Comm'n & United States
  866 F.2d 1246· 10th Cir.· 1989-01-27 ·cited 12×
  The court held that the NRC's 1985 Criteria are supported by the required cost-benefit rationalization, and that the agency adequately considered costs and benefits in its rulemaking.
• Mo. Coal. FOR THE Env't v. Corps OF Eng'rs OF the United States Army
  866 F.2d 1025· 8th Cir.· 1989-01-27 ·cited 12×
  The dissenting judge believes the case is moot because the factual predicate for the Corps' decision has disappeared with the team's relocation.
• Torix v. Ball Corp.
  862 F.2d 1428· 10th Cir.· 1988-12-09 ·cited 12×
  The court held that a reasonable interpretation of 'total disability' under an ERISA plan must consider the claimant's ability to pursue gainful employment in light of all circumstances, not a literal interpretation of the plan's terms.
• Sampson v. The Mut. Benefit Life Ins. Co.
  863 F.2d 108· 1st Cir.· 1988-11-30 ·cited 12×
  The court held that the disability insurer's interpretation of its policy, which allowed it to offset workers' compensation benefits even after the workers' compensation insurer was reimbursed by a third-party settlement, was not arbitrary and capricious.