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 Labor Relations Bd. v. Volney Felt Mills, Inc.
  210 F.2d 559· 6th Cir.· 1954-02-23 ·cited 12×
  The court affirmed the Board's order, finding no fraud in the election agreement and that the Regional Director's decisions were not arbitrary or capricious.
• Avant v. Bowles
  139 F.2d 702· Emer. Ct. App.· 1943-12-31 ·cited 12×
  The court held that the Administrator's selection of April 1, 1941, as the rent-freezing date was not arbitrary or capricious, and the Emergency Price Control Act's procedure did not violate due process.
• Checinski v. United States
  129 F.2d 461· 6th Cir.· 1942-06-29 ·cited 12×
  The court held that judicial review of draft board classifications is limited to instances of arbitrary or capricious action, and that trial courts are bound by the classifications made by the boards.
• Lucking v. Delano
  122 F.2d 21· D.C. Cir.· 1941-05-19 ·cited 12×
  The court held that the plaintiff's pleadings failed to allege sufficient facts to overcome the Comptroller's discretion in managing a bank receivership, thus the motion to dismiss was properly granted.
• Halpin v. W.W. Grainger
  962 F.2d 685· 7th Cir.· 1992-05-06 ·cited 11×
  The court held that the employer's termination of disability benefits was arbitrary and capricious because the administrator failed to provide adequate notice of the reasons for denial and failed to conduct a full and fair review, violating ERISA requirements.
• Gonzales v. The Prudential Ins. Co. OF Am.
  901 F.2d 446· 5th Cir.· 1990-05-03 ·cited 11×
  The court affirmed the district court's judgment, holding that while state insurance laws might apply to an insurer of an ERISA plan, they do not apply to the ERISA plan itself, and in this case, the insurer fulfilled its obligations under the policy.
• de Cuellar v. Nicholas F. Brady as Sec'y of the Treas. of the U.S. & Mfrs. Hanover Tr. Co.
  881 F.2d 1561· 11th Cir.· 1989-09-01 ·cited 11×
  The court held that the Secretary's denial of the plaintiff's application for a license to redeem Cuban bonds was based on a reasonable interpretation of the Cuban Assets Control Regulations.
• Nat'l Wildlife Fed'n v. Burford
  871 F.2d 849· 9th Cir.· 1989-03-30 ·cited 11×
  The court held that the National Wildlife Federation had standing to sue and that the Secretary of the Interior acted within the law in accepting coal lease bids that did not fall below fair market value.
• Oster v. Barco OF California Employees' Retirement Plan
  869 F.2d 1215· 9th Cir.· 1988-10-11 ·cited 11×
  The court held that the Committee's denial of a lump-sum retirement benefit distribution was not arbitrary or capricious, and the policy change did not constitute a plan amendment.
• Bersani v. Robichaud
  850 F.2d 36· 2d Cir.· 1988-06-08 ·cited 11×
  The dissenting judge argues that the majority's adoption of the market entry theory for determining alternative site availability under 33 U.S.C. § 1344(c) is flawed. The judge believes the statute requires consideration of current circumstances, not past market entry.
• Alaska Factory Trawler Ass'n v. Baldridge
  831 F.2d 1456· 9th Cir.· 1987-11-06 ·cited 11×
  The court affirmed the district court's grant of summary judgment, holding that Amendment 14 to the Gulf of Alaska Groundfish Fishing Management Plan was not promulgated in an arbitrary and capricious manner and did not violate the Magnuson Fishery Conservation and Management Act
• The Hoopa Valley Tribe v. Christie
  812 F.2d 1097· 9th Cir.· 1986-12-04 ·cited 11×
  The court held that the tribe failed to demonstrate a probability of success on the merits for its claims, and thus was not entitled to a preliminary injunction against the Bureau's office relocation.
• Plaid Pantry Stores, Inc. v. United States
  799 F.2d 560· 9th Cir.· 1986-09-11 ·cited 11×
  The court held that the three-year disqualification of the plaintiff from the food stamp program was arbitrary and capricious because the FNS failed to establish that it was the firm's practice to violate regulations and provided an inadequate warning.
• Stewart v. Nat'l Shopmen Pension Fund
  795 F.2d 1079· D.C. Cir.· 1986-07-25 ·cited 11×
  The court held that a pension fund's cancellation of past service credits to avoid unfunded liability is presumptively reasonable and does not require proof of strict necessity for actuarial soundness.
• Sunshine State Bank v. Fed. Deposit Ins. Corp.
  783 F.2d 1580· 11th Cir.· 1986-03-13 ·cited 11×
  The court held that bank examiners' loan classifications are entitled to deference and cannot be overturned unless arbitrary and capricious, affirming the FDIC's decision.
• Cristobal Perez-Perez v. Hanberry
  781 F.2d 1477· 11th Cir.· 1986-01-27 ·cited 11×
  The Criminal Justice Act does not authorize the appointment and compensation of counsel in habeas corpus actions brought by excludable aliens challenging the Attorney General's refusal to parole them.
• Organized Fishermen OF Florida v. Hodel
  775 F.2d 1544· 11th Cir.· 1985-11-15 ·cited 11×
  The court held that the National Park Service's regulations imposing fishing limits and prohibiting commercial fishing in Everglades National Park were not arbitrary and capricious and did not violate any contractual or estoppel claims by commercial fishermen.
• Sierra Club v. United States Army Corps OF Eng'rs
  772 F.2d 1043· 2d Cir.· 1985-09-11 ·cited 11×
  The court held that the Corps of Engineers violated NEPA and the Clean Water Act by arbitrarily changing its conclusions on the environmental impact of the Westway project and by failing to conduct adequate studies. The matter is remanded for further proceedings.
• Tanzillo v. Local Union 617
  769 F.2d 140· 3d Cir.· 1985-07-29 ·cited 11×
  The Labor-Management Reporting and Disclosure Act (LMRDA) requires a union local to provide copies of collective bargaining agreements to former employees whose rights are directly affected by those agreements, even if they are not current employees or union members at the time o
• Jolly v. Listerman
  672 F.2d 935· D.C. Cir.· 1982-01-15 ·cited 11×
  The court held that the agency's discharge of an employee was arbitrary and capricious, particularly given the shifting charges and failure to follow reassignment procedures.
• Global van Lines, Inc. v. Interstate Commerce Comm'n & United States
  627 F.2d 546· D.C. Cir.· 1980-07-02 ·cited 11×
  The court held that the Interstate Commerce Commission's regulations governing trucking industry leasing practices, specifically regarding escrow accounts and interest rates, were within the Commission's statutory authority and were not arbitrary or capricious.
• Madison Cnty. Bldg. & Loan Ass'n v. The Fed. Home Loan Bank Bd.
  622 F.2d 393· 8th Cir.· 1980-06-04 ·cited 11×
• Coffman v. Bolger
  590 F.2d 1366· 5th Cir.· 1979-03-09 ·cited 11×
  The court held that the administrative decisions leading to the plaintiff's termination were not arbitrary, capricious, or unsupported by substantial evidence, and thus affirmed the summary judgment.
• Mogle v. Sevier Cnty. Sch. Dist.
  540 F.2d 478· 10th Cir.· 1976-08-11 ·cited 11×
  A continuing residency requirement for school counselors, even if not written or uniformly applied, does not violate the Equal Protection or Due Process Clauses if it rationally relates to legitimate state purposes and does not involve a conclusive presumption.
• Di Vosta Rentals, Inc. v. Emmett C. LEE, Jr.
  488 F.2d 674· 5th Cir.· 1973-11-14 ·cited 11×
  The court held that the Secretary of the Army's denial of a dredge and fill permit was not arbitrary or capricious, and the district court erred in ordering the permit issued.
• S. Grand View Dev. Co., Inc. v. City of Alabaster
  1 F.4th 1299· 11th Cir.· 2021-06-21 ·cited 10×
  South Grande View Development Company purchased 547 acres of land in Alabaster, Alabama, planning to develop it according to an approved master plan that zoned most of the final phase (Sector 16) for R-4 garden homes and R-7 townhomes, but the city rezoned Sector 16 to R-2 single
• Dravo Basic Materials Co., Inc. v. State
  602 So. 2d 632· Fla. 2d DCA· 1992-07-08 ·cited 10×
  Dravo, an importer of high-quality limestone aggregate from the Bahamas, challenged a proposed Department of Transportation rule governing limestone quality for road construction as arbitrary and capricious. The court affirmed the hearing officer's decision upholding the rule, fi
• Drexel Finley and Grace Finley v. Special Agents Mut. Benefit Ass'n, Inc.
  957 F.2d 617· 8th Cir.· 1992-02-27 ·cited 10×
  The court held that the "as determined by the SAMBA Board of Directors" clause grants the Board discretionary authority to interpret the "killed in the line of duty" provision, and their denial of benefits based on the death not resulting from a "confrontational situation" was no
• Jamail, Inc. v. The Carpenters Dist. Council OF Houston Pension & Welf. Trs.
  954 F.2d 299· 5th Cir.· 1992-02-27 ·cited 10×·via Arbitrary And Capricious Standard Of Review For Trustee Decisions
  An employer has a federal common law right of restitution for erroneously paid contributions to ERISA trust funds, and a restrictive, retroactively applied refund policy is invalid.
• Tomczyk v. Blue Cross & Blue Shield United OF Wis.
  951 F.2d 771· 7th Cir.· 1991-12-30 ·cited 10×
  The court affirmed the dismissal of state law claims and the grant of summary judgment on the ERISA claim, finding the state claims preempted and the surgery not a covered benefit. Sanctions were imposed on the appellant's attorneys for a frivolous appeal.
• Bellino v. Schlumberger Techs., Inc.
  944 F.2d 26· 1st Cir.· 1991-09-11 ·cited 10×
  An employer's unwritten policy denying severance benefits, contrary to the plain language of its written ERISA plan, is invalid, and employees terminated due to lack of work are entitled to benefits even if they immediately secure comparable employment elsewhere.
• Pinnacle Nursing Home v. David Axelrod, M.D.
  928 F.2d 1306· 2d Cir.· 1991-03-25 ·cited 10×
  The court held that New York's 1987 adjustment to its Medicaid reimbursement methodology failed to satisfy the procedural requirements of the Boren Amendment because the state did not make adequate findings. The court vacated the dismissal of the nursing homes' substantive and co
• Headwaters, Inc. v. Bureau OF Land Mgmt.
  914 F.2d 1174· 9th Cir.· 1990-09-10 ·cited 10×
  The dissenting judge argues the court should remand the case for reconsideration due to the subsequent listing of the northern spotted owl as a threatened species, which significantly impacts the underlying timber sale at issue.
• Davidson v. Sec'y OF Health & Human Servs.
  912 F.2d 1246· 10th Cir.· 1990-08-29 ·cited 10×
  The Secretary's regulations limiting widow's disability benefit claims to meeting or equaling listed impairments are invalid because they fail to consider residual functional capacity, which is contrary to the statute's requirement that claimants be unable to engage in 'any gainf
• Michael Reese Hosp. & Med. Ctr. v. Solo CUP Emp. Health Benefit Plan & Solo Cup Co.
  899 F.2d 639· 7th Cir.· 1990-04-09 ·cited 10×
  The court held that even under de novo review, the hospital's claim for benefits was properly denied as the expert medical review indicated inpatient care was not justified beyond seven weeks.
• Stoetzner v. United States Steel Corp.
  897 F.2d 115· 3d Cir.· 1990-02-26 ·cited 10×
  The court held that a post-trial settlement agreement is fair, adequate, and reasonable, and remanded the case for the district court to approve it.
• Chritton v. Nat'l Transp. Safety Bd.
  888 F.2d 854· D.C. Cir.· 1989-10-27 ·cited 10×
  The court affirmed the NTSB's decision, holding that the pilot's actions were not excused by the emergency defense because the adverse weather and the presence of power lines were foreseeable, and the passenger's medical need did not constitute the type of emergency contemplated
• SAN Diego AIR Sports Ctr., Inc. v. Fed. Aviation Admin.
  887 F.2d 966· 9th Cir.· 1989-10-18 ·cited 10×
  The FAA's letter banning parachuting in the San Diego TCA is a substantive rule that was issued without complying with the notice and comment requirements of the Administrative Procedure Act, rendering it invalid.
• DKT Mem'l Fund Ltd. v. Agency FOR Int'l Dev.
  887 F.2d 275· D.C. Cir.· 1989-10-10 ·cited 10×
  The Agency for International Development (AID) unconstitutionally deployed its funds to restrain the privately-funded speech and association of domestic nongovernmental organizations (NGOs) engaged in family planning work overseas by conditioning aid on foreign NGOs not associati
• Mobil OIL Corp. v. Fed. Energy Regulatory Comm'n
  886 F.2d 1023· 8th Cir.· 1989-09-26 ·cited 10×
  The court held that FERC's approval of Northern Natural Gas's settlement rates for transportation services under Order No. 436 was not arbitrary or capricious and was supported by reasoned consideration, thus affirming FERC's decision.
• Watson v. Ark. Nat'l Guard
  886 F.2d 1004· 8th Cir.· 1989-09-22 ·cited 10×
  Civilian courts cannot review intra-military personnel disputes, including claims for injunctive relief, due to the need to preserve military discipline and Congress's plenary authority over the military.
• Blaine P. Thompson v. United States Dep't OF Labor
  885 F.2d 551· 9th Cir.· 1989-09-08 ·cited 10×
  The Secretary of Labor cannot unilaterally add a dismissal 'with prejudice' to a settlement agreement when the parties expressly agreed to remain silent on the issue of prejudice, as this adds a material condition not agreed upon and potentially alters the scope of res judicata.
• Wallace v. The Firestone Tire & Rubber Co.
  882 F.2d 1327· 8th Cir.· 1989-08-21 ·cited 10×
  The court held that the claims are governed by ERISA and that the district court erred in applying the arbitrary and capricious standard of review instead of the de novo standard mandated by Bruch.
• GUN S., Inc. v. Brady
  877 F.2d 858· 11th Cir.· 1989-06-30 ·cited 10×
  The court held that the Secretary may temporarily suspend approved firearm import permits to reassess their sporting purpose, despite the 1986 amendment making such importations mandatory.
• Webb v. Hodel
  878 F.2d 1252· 10th Cir.· 1989-06-19 ·cited 10×
  The court held that the spouse of a BLM employee did not acquire a prohibited indirect interest in unpatented mining claims solely by virtue of her marriage, and thus the claims could not be voided under the statute and regulations.
• State OF Or. v. The Bureau OF Land Mgmt.
  876 F.2d 1419· 9th Cir.· 1989-06-07 ·cited 10×
  The court held that the burden of proof should be on the BLM to demonstrate the validity of transactions when challenging Oregon's land claims, and that the BLM's 'master deed' theory for title transfer was inconsistent with established practice.
• Tallahassee Branch OF THE NAACP & the Nat'l Black Media Coal. v. Fed. Commc'ns Comm'n
  870 F.2d 704· D.C. Cir.· 1989-03-21 ·cited 10×
  The court held that the FCC acted within its discretion in granting license renewals conditioned on reporting requirements, even when EEO programs were deficient, as long as there was no evidence of intentional discrimination.
• Kolek v. Engen
  869 F.2d 1281· 9th Cir.· 1989-03-09 ·cited 10×
  The court held that it has jurisdiction to hear the appeal, even though it was initially filed in the district court, and that the NTSB's order affirming the revocation of the pilot's certificate was not an abuse of discretion.
• Overseas Educ. Ass'n, Inc. v. Fed. Labor Relations Auth.
  858 F.2d 769· D.C. Cir.· 1988-10-07 ·cited 10×
  The court held that the Federal Labor Relations Authority (FLRA) did not err in determining that three collective bargaining proposals concerning post-retirement benefits were not within the agency-employer’s duty to bargain.
• Blue v. Lacy
  857 F.2d 479· 8th Cir.· 1988-09-20 ·cited 10×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The Parole Commission may consider disputed allegations of criminal activity in a PSI, even if the sentencing court disregarded them, if the Commission finds the information sufficiently accurate for its purposes.