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

• Hicks v. Pac. Mar. Ass'n
  567 F.2d 355· 9th Cir.· 1978-01-06 ·cited 10×
• The Singer Co. v. The United States
  568 F.2d 695· Ct. Cl.· 1977-12-14 ·cited 10×
  The court affirmed the trial judge's decision, agreeing that the contractor failed to prove entitlement to additional compensation for the disputed claims.
• Silva v. E. Providence Hous. Auth.
  565 F.2d 1217· 1st Cir.· 1977-11-22 ·cited 10×
  The Secretary of HUD has the statutory authority to terminate a low-rent public housing project contract for lack of diligent prosecution, and the court remanded the case to determine if HUD considered all relevant alternatives before terminating.
• Mktg. Assistance Program, Inc. v. Bergland
  562 F.2d 1305· D.C. Cir.· 1977-08-22 ·cited 10×
  The court held that the Secretary of Agriculture did not abuse his discretion in limiting the scope of the hearing for a milk marketing order, and the employee's dual role did not violate the Administrative Procedure Act.
• E. Coast Transp. Co., Inc. v. United States & Interstate Commerce Comm'n
  556 F.2d 741· 5th Cir.· 1977-07-27 ·cited 10×
  The court held that the Interstate Commerce Commission did not abuse its discretion in denying temporary operating authority.
• Compton James Richards v. Immigr. & Naturalization Serv.
  554 F.2d 1173· D.C. Cir.· 1977-03-18 ·cited 10×
  The court held that the administrative denial of the alien's application for a change in nonimmigrant status was not arbitrary or capricious, as the application was filed after the authorized period of stay had expired and the untimeliness was not excusable.
• Associated Indus. OF Ala., Inc. v. Train
  543 F.2d 1159· 5th Cir.· 1976-12-13 ·cited 10×
  The court held that the state failed to demonstrate its interests were inadequately represented by the EPA, thus affirming the denial of its motion to intervene.
• The B. F. Goodrich Co. v. Dep't OF Transp.
  541 F.2d 1178· 6th Cir.· 1976-09-02 ·cited 10×
• Nat'l Renderers Ass'n v. Env't Prot. Agency & Russell E. Train
  541 F.2d 1281· 8th Cir.· 1976-08-30 ·cited 10×
  The court held that the EPA's new source standards for the rendering industry were arbitrary and capricious due to insufficient analysis of technology costs, economic impact on new plants, and an unexplained inconsistency with existing guidelines.
• Hempstead Bank v. Smith
  540 F.2d 57· 2d Cir.· 1976-08-12 ·cited 10×
  The court held that the Comptroller's approval of a national bank's branch application was arbitrary and capricious because the Comptroller failed to adequately consider New York's "public convenience and advantage" standard.
• Fed'n OF Homemakers v. Schmidt
  539 F.2d 740· D.C. Cir.· 1976-06-10 ·cited 10×
  The court held that the FDA's regulation defining an imitation food as a substitute that resembles another food but is nutritionally inferior is a reasonable exercise of the agency's regulatory power and consistent with the Federal Food, Drug, and Cosmetic Act.
• Bud J. Kitchens v. Dep't OF the Treas.
  535 F.2d 1197· 9th Cir.· 1976-05-20 ·cited 10×
  The Director's decision denying relief from federal firearms disabilities is reviewable, but the scope of review is limited to an examination of the statement of reasons for the denial.
• Wyper v. Providence Wash. Ins. Co.
  533 F.2d 57· 2d Cir.· 1976-04-01 ·cited 10×
  A plaintiff must demonstrate that a pension board's denial of incapacity benefits was arbitrary or in bad faith, and alcoholism alone, without proof of permanent incapacity, does not automatically qualify for such benefits.
• Joseph G. Moretti, Inc. v. Hoffman
  526 F.2d 1311· 5th Cir.· 1976-02-17 ·cited 10×
  The court held that the Secretary of the Army could lawfully delegate permit authority to the Chief of Engineers and that the denial of the after-the-fact dredging and fill permit was not arbitrary, capricious, or an abuse of discretion.
• Monroe M. Tapper & Assocs. v. The United States
  514 F.2d 1003· Ct. Cl.· 1975-03-19 ·cited 10×
  The majority opinion erred by requiring the Board's discretionary decision to be supported by substantial evidence, thereby undermining the discretion previously recognized by this court.
• Ricci v. The United States
  507 F.2d 1390· Ct. Cl.· 1974-12-18 ·cited 10×
  The court held that the plaintiff's discharge was supported by substantial evidence, that the Navy complied with procedural requirements, and that the regulations prohibiting 'gambling' and 'promotion of gambling' were not unconstitutionally vague.
• Am. Bank OF Tulsa v. Smith
  503 F.2d 784· 10th Cir.· 1974-10-04 ·cited 10×
  The court held that while the Comptroller's factual determinations were not erroneous, the district court should have considered whether the Comptroller should have referred the substantial holding company issue to the Federal Reserve Board, and stayed the charter issuance pendin
• First Girl, Inc. v. Reg'l Manpower Adm'r OF the United States Dep't OF Labor
  499 F.2d 122· 7th Cir.· 1974-07-02 ·cited 10×
  The court held that the district court's finding of abuse of discretion was proper because the administrative record contained no evidence supporting the denial of alien employment certification.
• Frazier v. The Curators OF the Univ. OF Mo.
  495 F.2d 1149· 8th Cir.· 1974-05-02 ·cited 10×
  A nontenured university professor has no constitutional right to tenure, a statement of reasons for non-reappointment, or a hearing, unless the dismissal is based on constitutionally impermissible grounds. The plaintiff failed to prove her termination was retaliatory or arbitrary
• Libbey-Owens-Ford Co. v. Nat'l Labor Relations Bd.
  495 F.2d 1195· 3d Cir.· 1974-03-08 ·cited 10×
  The dissenting judge believes the Board's finding that the Brackenridge plant's inclusion in a multi-plant bargaining unit was appropriate was arbitrary and unsupported by substantial evidence.
• Albert v. Hon. John H. Chafee
  465 F.2d 367· 9th Cir.· 1972-08-17 ·cited 10×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that jurisdiction exists under the Administrative Procedure Act to review the dismissal of a civilian employee of the Department of the Navy.
• The Twp. OF Hopewell v. Volpe
  446 F.2d 167· 3d Cir.· 1971-07-13 ·cited 10×
  The court held that the Township of Hopewell was barred by res judicata and collateral estoppel from pursuing its suit against the state and federal defendants, respectively.
• Whittaker Corp. v. The United States
  443 F.2d 1373· Ct. Cl.· 1971-06-11 ·cited 10×
  The court held that the Board of Contract Appeals' findings regarding the plaintiff's delay claim due to late or unsuitable Government-Furnished Property drawings were arbitrary and unsupported by substantial evidence, thus not entitled to finality.
• Albert v. The United States
  437 F.2d 976· Ct. Cl.· 1971-02-19 ·cited 10×
  The court held that the civilian employees' reclassifications were valid, as the notices were sufficiently specific, the actions were not arbitrary, and the authority to implement them was properly delegated.
• Theriault v. Olin G. Blackwell
  437 F.2d 76· 5th Cir.· 1971-01-28 ·cited 10×
  The court held that the district court correctly denied the prisoner's petition for habeas corpus and other relief.
• Citizens TO Preserve Overton Park, Inc. v. Volpe
  432 F.2d 1307· 6th Cir.· 1970-09-29 ·cited 10×
  The court held that an affidavit based on information and belief, omitting crucial qualifying phrases, does not constitute competent evidence to contradict a positive statement of facts in an opposing affidavit for summary judgment purposes. The court also held that the district
• Clinton v. The United States
  423 F.2d 1367· Ct. Cl.· 1970-04-17 ·cited 10×
  The court held that it cannot award back pay based on a speculative promotion that might have occurred.
• Ashland OIL & Ref. Co. v. Fed. Power Comm'n
  421 F.2d 17· 6th Cir.· 1970-01-15 ·cited 10×
  The court held that the Federal Power Commission's interpretation of its regulations, requiring sellers to file rate increase notices for gas sales, was not arbitrary or capricious and that the Commission was not obligated to withhold its declaratory order pending resolution of a
• Cmty. Serv., Inc. v. United States & Fed. Commc'ns Comm'n
  418 F.2d 709· 6th Cir.· 1969-11-12 ·cited 10×
  The FCC's denial of waiver requests and subsequent reconsideration was inadequate for judicial review due to insufficient articulation of grounds, violating statutory duties.
• Armstrong v. The United States
  405 F.2d 1275· Ct. Cl.· 1969-01-24 ·cited 10×
  The court held that the plaintiff's removal from his position with the Veterans Administration was proper, as the agency complied with its own regulations and the Veterans' Preference Act, and the Civil Service Commission's findings were not arbitrary or capricious.
• Burton v. The United States
  404 F.2d 365· Ct. Cl.· 1968-12-13 ·cited 10×
  The dissenting judges would hold that the government had no right to order the plaintiff to transfer to Washington against his will, and that his separation was invalid.
• Buncher v. Nat'l Labor Relations Bd.
  405 F.2d 787· 3d Cir.· 1968-06-27 ·cited 10×
  The court held that the National Labor Relations Board reasonably adopted a seniority-based formula to calculate backpay for discriminatorily discharged employees when the employer failed to provide credible evidence of alternative layoff criteria.
• Nat'l Labor Relations Bd. v. Aerovox Corp. of Myrtle Beach
  390 F.2d 653· 4th Cir.· 1968-01-29 ·cited 10×
  The court held that the National Labor Relations Board's determination of an appropriate bargaining unit and its order to bargain were not arbitrary or capricious and were entitled to enforcement.
• Diedrich v. Zoning Comm'n OF the Dist. OF Columbia
  393 F.2d 666· D.C. Cir.· 1968-01-24 ·cited 10×
  The court held that the Commission's denial of a zoning map amendment was not arbitrary or capricious, and thus affirmed the lower court's judgment.
• Phillips Constr. Co., Inc. v. The United States
  374 F.2d 538· Ct. Cl.· 1967-03-17 ·cited 10×
  The court held that if the Armed Services Board of Contract Appeals' finding of a 'Changed Condition' was not arbitrary, capricious, or unsupported by substantial evidence, the plaintiff is entitled to recover additional interest costs incurred due to contract extensions.
• Chapman v. Pub. Util. Dist. NO. 1 OF Douglas Cnty.
  367 F.2d 163· 9th Cir.· 1966-10-07 ·cited 10×
  A federal licensee's determination of necessity for condemning fee title to land for a hydroelectric project is subject to judicial review only for arbitrariness, capriciousness, or bad faith, and the court found the appellee's decision to take the fee was not arbitrary or capric
• W. AIR Lines, Inc. v. Civil Aeronautics Bd.
  351 F.2d 778· D.C. Cir.· 1965-06-03 ·cited 10×
  The court held that the Board's termination of the domestic phase of air service proceedings without adequate findings or justification was arbitrary and contrary to law, requiring remand.
• Nat'l Labor Relations Bd. v. Jas. H. Matthews & Co.
  342 F.2d 129· 3d Cir.· 1965-02-11 ·cited 10×
  The court held that the Regional Director's decision regarding election objections was not arbitrary or capricious, and the employer's refusal to bargain constituted an unfair labor practice.
• The Diversey Corp. v. Nat'l Labor Relations Bd.
  325 F.2d 489· 7th Cir.· 1963-12-04 ·cited 10×
  The court held that Diversey failed to demonstrate the Regional Director acted arbitrarily or capriciously in denying a hearing, thus upholding the Board's order.
• Garelick MFG. Co. v. Dillon
  313 F.2d 899· D.C. Cir.· 1963-01-17 ·cited 10×
  The court held that the Coast Guard regulation was interpretive and not arbitrary or capricious, thus affirming the district court's grant of summary judgment.
• Morgan v. Udall
  306 F.2d 799· D.C. Cir.· 1962-07-05 ·cited 10×
  The court held that the Secretary's decision awarding a public land oil and gas lease was not arbitrary or unreasonable and was supported by the administrative record.
• Montgomery v. Ffrench
  299 F.2d 730· 8th Cir.· 1962-02-09 ·cited 10×
  The court held that the Attorney General's denial of a petition to admit an alien orphan was within his administrative discretion and not subject to judicial review, as alien admission is a privilege, not a right.
• Dyer v. Sec. & Exch. Comm'n
  287 F.2d 773· 8th Cir.· 1961-02-27 ·cited 10×
  The court affirmed the SEC's order, holding that the Commission acted within its discretion and statutory authority in approving management's proxy materials and rejecting certain proposals.
• United AIR Lines, Inc. v. Civil Aeronautics Bd.
  281 F.2d 53· D.C. Cir.· 1960-05-19 ·cited 10×
  The court held that the Civil Aeronautics Board was required to conduct a hearing to determine the extent of alleged violations of its rules regarding ex parte communications and pressure tactics, as the Department of Justice's position was well taken. The court did not intimate
• Tampa Times Co. v. Fed. Commc'ns Comm'n
  230 F.2d 224· D.C. Cir.· 1956-02-09 ·cited 10×
  The court held that the Federal Communications Commission's award of a television construction permit was not arbitrary or capricious, as the Commission had wide discretion in evaluating comparative applicant claims.
• Nat'l Labor Relations Bd. v. Stanolind OIL & GAS Co.
  208 F.2d 239· 10th Cir.· 1953-11-11 ·cited 10×
  The court held that the National Labor Relations Board acted within its broad discretionary power in designating Stanolind's plant employees as an appropriate bargaining unit.
• Minkoff v. Payne
  210 F.2d 689· D.C. Cir.· 1953-11-05 ·cited 10×
  The court held that the District Court properly granted summary judgment because the Alcoholic Beverage Control Board's denial of the license renewal was not arbitrary or capricious and was supported by substantial evidence, and the appellant failed to raise a genuine issue of ma
• Wilson & Co., Inc. v. Reconstr. Fin. Corp.
  194 F.2d 1016· Emer. Ct. App.· 1952-03-11 ·cited 10×
  The court held that the respondent's recapture of subsidy payments and assessment of interest were not arbitrary or capricious, and were legally sound.
• United States v. Pub. Utils. Comm'n of Dist. of Columbia
  158 F.2d 533· D.C. Cir.· 1946-07-16 ·cited 10×
  The court held that the District Court erred in dismissing the appeal of the United States, as the Commission's order fixing rates was arbitrary and an error of law.
• United States v. Said Rum
  995 F.3d 882· 11th Cir.· 2021-04-23 ·cited 9×
  The Eleventh Circuit held that 'willfulness' in the context of the Bank Secrecy Act's FBAR penalty statute includes reckless disregard of a known or obvious risk, and that the appellant's actions demonstrated such recklessness, thus affirming the district court's grant of summary