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

• Paxton v. Sec'y OF Health & Human Servs.
  856 F.2d 1352· 9th Cir.· 1988-09-08 ·cited 10×
  The court held that the Secretary's policy of automatically counting the dependent's portion of VA benefits as unearned income to the dependent for SSI purposes is invalid.
• The Commonwealth OF Mass. v. United States
  856 F.2d 378· 1st Cir.· 1988-09-06 ·cited 10×
  The court held that the Nuclear Regulatory Commission's (NRC) regulation incorporating the 'realism doctrine' into its evaluation of nuclear power plant emergency plans was not arbitrary, capricious, or beyond its statutory authority. The court found the doctrine's presumption th
• Nat'l Treas. Emps. Union v. Horner
  854 F.2d 490· D.C. Cir.· 1988-08-19 ·cited 10×
  The court held that OPM's decision to except government jobs from the competitive civil service was subject to judicial review and was arbitrary and capricious due to a lack of supporting data.
• State OF La. v. Verity
  853 F.2d 322· 5th Cir.· 1988-08-15 ·cited 10×
  The court held that the regulations requiring turtle excluder devices (TEDs) or limited tow times for shrimp trawlers were not arbitrary and capricious, nor did they violate equal protection.
• Env't Def. Fund v. U.S. Env't Prot. Agency & Lee M. Thomas
  852 F.2d 1309· D.C. Cir.· 1988-07-29 ·cited 10×
  The court held that the EPA's decision to regulate mining wastes under Subtitle D rather than Subtitle C was a permissible interpretation of the Resource Conservation and Recovery Act (RCRA) and not arbitrary or capricious.
• State OF NEW York v. U.S. Env't Prot. Agency & William Ruckelshaus
  852 F.2d 574· D.C. Cir.· 1988-07-22 ·cited 10×
  The Environmental Protection Agency's denial of petitions under section 126(b) of the Clean Air Act was based on a reasonable interpretation of the relevant statutes and was not arbitrary or capricious. However, New York's petition is remanded for submission of new data.
• Summersgill Dardar v. Lafourche Realty Co., Inc.
  849 F.2d 955· 5th Cir.· 1988-07-18 ·cited 10×
  The court held that a denial of interim attorney's fees is not an appealable final order because it is neither conclusive nor effectively unreviewable on appeal from a final judgment.
• Edison Elec. Inst. v. Occupational Safety and Health Administration
  849 F.2d 611· D.C. Cir.· 1988-06-07 ·cited 10×
  The court held that the Edison Electric Institute failed to demonstrate that OSHA's revised electrical standards altered the scope of the utility exclusion from coverage, and that OSHA's acknowledgment of a ministerial error regarding laboratory testing requirements was sufficien
• Taylor v. United States
  848 F.2d 715· 6th Cir.· 1988-06-06 ·cited 10×
  The court held that Balisong knives, due to their design and intended use as described by the importer, fall within the statutory definition of switchblade knives, and the Customs Service's interpretation was rational and entitled to deference.
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Am. Fed'n OF Gov't Emps., SSA Council 220, AFL-CIO v. Fed. Labor Relations Auth.
  840 F.2d 925· D.C. Cir.· 1988-02-23 ·cited 10×
  The court held that while the FLRA has discretion to balance agency efficiency against employee rights when fashioning remedies, it must specifically analyze the impact of each component of a proposed remedy, including individualized 'make whole' relief, and cannot summarily deny
• Am. Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & United States
  836 F.2d 1386· D.C. Cir.· 1988-01-22 ·cited 10×
  The FCC's newly discovered refund authority, allowing it to order refunds for past collected rates, is not supported by the Communications Act, which limits remedies to prospective relief.
• Bachelder v. Commc'ns Satellite Corp.
  837 F.2d 519· 1st Cir.· 1988-01-21 ·cited 10×
  The court held that the Summary Plan Description (SPD) was ambiguous and the Plan itself provided sufficient guidance on the timing of cash distributions, and that participants could not recover based on the SPD without showing significant reliance or prejudice.
• Gulf Coast Home Health Servs. OF Fla., Inc. v. State
  513 So. 2d 704· Fla. 1st DCA· 1987-09-11 ·cited 10×
  Gulf Coast Home Health Services challenged HRS's revised methodology for reviewing home health agency certificates of need (CONs) as an invalid exercise of agency authority, seeking circuit court enforcement of a prior administrative order invalidating the original rule. The cour
• Brock v. Cardinal Indus., Inc.
  828 F.2d 373· 6th Cir.· 1987-09-04 ·cited 10×
  The court held that the Occupational Safety and Health Review Commission erred in interpreting "construction work" under 29 C.F.R. § 1910.12 to focus solely on the nature of the work, ignoring the requirement for a nexus to the construction site.
• Creighton Omaha Reg'l Health Care Corp. v. Otis R. Bowen, M.D.
  822 F.2d 785· 8th Cir.· 1987-07-01 ·cited 10×
  The court held that the Secretary's interpretation of "special care unit" criteria was reasonable and supported by substantial evidence, but the classification of the computerized arrhythmia monitoring system as an "ancillary service" required further factual determination.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Gen. Chem. Corp. v. United States & Interstate Commerce Comm'n
  817 F.2d 844· D.C. Cir.· 1987-05-01 ·cited 10×
  The court held that the ICC's finding of no market dominance was arbitrary and capricious because its analysis of geographic competition was internally inconsistent and inadequately explained.
• HY Chan Banh v. United States
  814 F.2d 1358· 9th Cir.· 1987-04-14 ·cited 10×
  The court held that the district court erred in overturning the agency's imposition of a five-year fine because the evidence supported the finding that it was the market's practice to accept food stamps for ineligible items, and the sanction was not arbitrary and capricious.
• Cleghorn v. Herrington
  813 F.2d 992· 9th Cir.· 1987-03-27 ·cited 10×
  The court held that the Department of Energy's physical fitness regulations for nuclear facility security guards were not arbitrary or capricious, and that a claim alleging violations of Title VII standards could not be brought under the APA.
• Bethesda Hosp. v. Sec'y OF Health & Human Servs.
  810 F.2d 558· 6th Cir.· 1987-02-02 ·cited 10×
  The court held that the 1986 Malpractice Rule did not moot the case and that the district court correctly found the PRRB lacked jurisdiction over claims where hospitals self-disallowed costs without adequately presenting a dispute to the fiscal intermediary.
• Gen. Tel. Co. OF Fla. v. Marks
  500 So. 2d 142· Fla.· 1986-12-30 ·cited 10×
  General Telephone Company of Florida challenged a Public Service Commission rule allocating telephone directory advertising revenues and expenses between regulated and nonregulated portions of the company's operations. The Florida Supreme Court affirmed the rule, holding that the
• Calumet Indus., Inc. v. Brock
  807 F.2d 225· D.C. Cir.· 1986-12-19 ·cited 10×
  The court held that petitioners lack prudential standing to challenge OSHA's Notice of Interpretation because their interests are not arguably within the zone of interests protected or regulated by the OSH Act.
• Drummond Coal Co. v. Hodel
  796 F.2d 503· D.C. Cir.· 1986-07-22 ·cited 10×
  The court held that the Secretary of the Interior's regulation taxing the gross weight of coal, including impurities like water, was a reasonable interpretation of the Surface Mining Control and Reclamation Act (SMCRA) and thus affirmed the district court's judgment.
• State of Wis. v. Bowen
  797 F.2d 391· 7th Cir.· 1986-07-21 ·cited 10×
  The court held that the Secretary's rule mandating automatic transfer of nursing home patients based solely on recertification of care level, without regard to physician judgment or patient well-being, is an unfounded leap and an improper intrusion into medical decision-making.
• Smith v. United States Postal Serv.
  789 F.2d 1540· Fed. Cir.· 1986-04-24 ·cited 10×
  The court held that the Merit Systems Protection Board's decision sustaining the removal of an employee was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and that any procedural errors were harmless.
• Nat'l Treas. Emps. Union v. Roscoe L. Egger
  783 F.2d 1114· D.C. Cir.· 1986-02-25 ·cited 10×
  The Civil Service Reform Act (CSRA) precludes district court review of federal employees' claims challenging a reclassification of their positions from one pay system to another, as these claims constitute a prohibited personnel practice appealable to the Office of Special Counse
• Mattingly v. Heckler
  784 F.2d 258· 7th Cir.· 1986-02-21 ·cited 10×
  The court's majority found the disparity in income allowances for institutionalized spouses to be reasonable, but the dissenter disagreed.
• Cumberland Med. Ctr. v. Sec'y OF Health & Human Servs.
  781 F.2d 536· 6th Cir.· 1986-01-15 ·cited 10×
  The court held the Malpractice Rule invalid as arbitrary and capricious and in violation of the Medicare Act, ordering reimbursement under the prior regulation.
• Balboa Ins. Co. v. The United States
  775 F.2d 1158· Fed. Cir.· 1985-10-28 ·cited 10×
  The court held that both the Claims Court and the appellate court have jurisdiction over a Miller Act surety's claim for improperly disbursed funds, and that summary judgment was improper because material facts regarding the government's exercise of discretion were in dispute.
• Ala. Power Co. v. Fed. Commc'ns Comm'n & United States
  773 F.2d 362· D.C. Cir.· 1985-09-24 ·cited 10×
  The court held that the FCC's calculation of maximum pole attachment rates was flawed due to mathematical and conceptual errors, and inconsistent application of accounting principles.
• The Nat'l Ass'n OF Broadcasters v. Copyright Royalty Tribunal
  772 F.2d 922· D.C. Cir.· 1985-08-30 ·cited 10×
  The court upheld the Copyright Royalty Tribunal's decisions regarding royalty distributions for 1979 and 1980, finding them to be within the zone of reasonableness and supported by substantial evidence.
• In re Three Mile Island Alert, Inc. v. United States Nuclear Regulatory Comm'n
  771 F.2d 720· 3d Cir.· 1985-08-27 ·cited 10×
  The court held that the Commission's order lifting the shutdown of TMI-1 was not arbitrary, capricious, or contrary to law, and that the proceedings did not violate Section 189(a) of the Atomic Energy Act.
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  768 F.2d 450· D.C. Cir.· 1985-08-06 ·cited 10×
  The court held that the Federal Energy Regulatory Commission's successor orders authorizing special marketing programs were arbitrary and capricious due to a failure to provide a reasoned basis for excluding certain customers, but allowed the orders to remain in effect until thei
• Phoenix Baptist Hosp. & Med. Ctr., Inc. v. Heckler
  767 F.2d 1304· 9th Cir.· 1985-08-05 ·cited 10×
  The court held that the Secretary's determination that a land investment is not a sufficiently liquid or conservative investment for funded depreciation is reasonable and consistent with Medicare regulations.
• White v. United States Postal Serv.
  768 F.2d 334· Fed. Cir.· 1985-07-25 ·cited 10×
  The court held that the Merit Systems Protection Board's finding of a nexus between the petitioner's off-duty misconduct (leaving the scene of a fatal accident and tampering with evidence) and the efficiency of the Postal Service was supported by substantial evidence.
• Cities OF Newark v. Fed. Energy Regulatory Comm'n & Delmarva Power & Light Co.
  763 F.2d 533· 3d Cir.· 1985-06-03 ·cited 10×
  The court held that a timely petition for review filed after a second Commission order on rehearing tolls the sixty-day period for review of the initial order on rehearing, allowing all issues to be raised.
• Aluminum Co. OF Am. v. Interstate Commerce Comm'n & United States
  761 F.2d 746· D.C. Cir.· 1985-05-10 ·cited 10×
  The court held that the Interstate Commerce Commission's finding of no market dominance was not arbitrary or capricious, and that procedural challenges were without merit.
• Hunt v. Dep't of Health & Human Servs.
  758 F.2d 608· Fed. Cir.· 1985-03-27 ·cited 10×
  The court affirmed the arbitrator's decision upholding the petitioner's discharge, finding that the violations were egregious and warranted removal.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• Bedford Cnty. Gen. Hosp. v. Heckler
  757 F.2d 87· 6th Cir.· 1985-03-07 ·cited 10×
  The court held that federal courts have subject matter jurisdiction to review the validity of Medicare regulations and that the regulation classifying patient telephones as non-reimbursable personal comfort items was not arbitrary or capricious.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Moret v. Karn
  746 F.2d 989· 3d Cir.· 1984-10-24 ·cited 10×
  The court held that the termination of the alien's parole was an abuse of discretion because the INS failed to make the required finding of a clear and imminent danger to the community.
• Hartigan v. Fed. Home Loan Bank Bd. & Fed. Sav. & Loan Ins. Corp.
  746 F.2d 1300· 7th Cir.· 1984-10-22 ·cited 10×
  Emergency acquisitions approved by FSLIC under Section 123 of the Garn Act are subject to judicial review under Section 408(k) of the National Housing Act, and the "committed to agency discretion" exception does not preclude review when statutory guidelines exist. Only FSLIC, not
• The Comm'r OF Transp. OF the State OF NEW York v. United States & Interstate Commerce Comm'n
  750 F.2d 163· 2d Cir.· 1984-09-18 ·cited 10×
  The court held that the Interstate Commerce Commission (ICC) acted within its statutory authority by preempting New York's intrastate bus fare regulation and prescribing its own rates, finding the ICC's interpretation of the Bus Regulatory Reform Act of 1982 reasonable and its de
• Ariz. Pub. Serv. Co. v. United States & Interstate Commerce Comm'n
  742 F.2d 644· D.C. Cir.· 1984-09-07 ·cited 10×
  The court held that the ICC Review Board's decision finding no market dominance was arbitrary and capricious because it ignored substantial evidence of effective competition, particularly regarding intermodal truck competition and product competition.
• AIR Pollution Control Dist. OF Jefferson Cnty. v. The United States Env't Prot. Agency
  739 F.2d 1071· 6th Cir.· 1984-07-10 ·cited 10×
  The court affirmed the EPA's denial of Jefferson County's petition for interstate pollution abatement, finding no procedural errors or arbitrary and capricious substantive decision-making.
• Allen v. Hadden
  738 F.2d 1102· 10th Cir.· 1984-07-10 ·cited 10×
  The court held that the Parole Commission did not impermissibly "double-count" factors by using the same facts to determine offense severity and to justify a parole decision outside the guidelines, as the factors were related but distinct.
• Beth Israel Hosp. v. Heckler
  734 F.2d 90· 1st Cir.· 1984-05-18 ·cited 10×
  The court held that the Secretary's interpretation of Medicare cost reimbursement regulations regarding labor/delivery rooms was legally flawed and remanded for further proceedings.
• Coll. OF Am. Pathologists v. Heckler
  734 F.2d 859· D.C. Cir.· 1984-05-11 ·cited 10×
  The court held that the challenged HHS regulations distinguishing between Medicare Part A and Part B reimbursement for clinical pathologists are reasonable and within the Secretary's statutory authority, and that the district court had jurisdiction to hear the case.