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

• Emerald Corr. Mgmt. v. BAY Cnty. Bd. OF Cnty. Comm'rs
  955 So. 2d 647· Fla. 1st DCA· 2007-05-04 ·cited 9×
  Emerald Correctional Management challenges the dismissal of its complaint against Bay County for awarding a correctional facility contract to Corrections Corporation of America (CCA) through a request for proposals process. The appellate court reversed the trial court's dismissal
• Fla. Keys Citizens Coal., Inc. v. United States Army Corps of Eng'rs
  374 F. Supp. 2d 1116· S.D. Fla.· 2005-04-11 ·cited 9×
  The court found that the plaintiffs were not entitled to the requested declaratory and injunctive relief against the federal agencies regarding the highway improvement project.
• Torres v. Pittston Co.
  346 F.3d 1324· 11th Cir.· 2003-09-30 ·cited 9×
  Perry Torres applied for permanent total disability benefits under an ERISA-governed Personal Accident Plan after a 1998 motor vehicle accident, but the plan administrator and insurer LINA denied his claim based on factual determinations that he was not permanently disabled and c
• Reserve, Ltd. v. Town of Longboat Key
  933 F. Supp. 1040· M.D. Fla.· 1996-05-22 ·cited 9×
  The court held that a substantive due process claim based on the revocation of a state-created property interest (like a building permit) is no longer cognizable under 42 U.S.C. § 1983 following McKinney v. Pate. However, an equal protection claim and a First Amendment retaliatio
• Sandoval v. AETNA Life & Cas. Ins. Co. & Metro. Life Ins. Co.
  967 F.2d 377· 10th Cir.· 1992-06-16 ·cited 9×
  The court held that an ERISA plan administrator's decision to terminate disability benefits is not arbitrary and capricious if based on the evidence before the administrator, even if later evidence suggests a different disability.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  964 F.2d 1308· 2d Cir.· 1992-05-27 ·cited 9×
  Internal union disciplinary sanctions imposed for knowing association with organized crime figures, based on reliable hearsay, are upheld.
• Off. & Prof'l Emps. Int'l Union v. Fed. Deposit Ins. Corp.
  962 F.2d 63· D.C. Cir.· 1992-04-24 ·cited 9×
  A union has standing to file claims for employee benefits against a failed bank's assets under FIRREA, even without individual powers of attorney, as long as the claims arise from a collective bargaining agreement.
• United States v. Akzo Coatings OF Am., Inc.
  949 F.2d 1409· 6th Cir.· 1991-12-05 ·cited 9×
  The court held that the district court did not err in refusing to consider an affidavit offered outside the administrative record, and that Michigan's anti-degradation law was not an ARAR under CERCLA.
• Vieux Carre Prop. Owners v. Colonel Lloyd Kent Brown
  875 F.2d 453· 5th Cir.· 1989-06-14 ·cited 9×
  The court held that a private plaintiff lacks a right of action against non-federal entities for alleged violations of the Rivers and Harbors Act and that the National Historic Preservation Act does not grant such a right against non-agency defendants. However, the plaintiff has
• W. Neb. Res. Council v. Env't Prot. Agency
  793 F.2d 194· 8th Cir.· 1986-06-06 ·cited 9×
  The court held that the petition challenging the EPA's approval of the Nebraska UIC program was untimely filed and thus dismissed for lack of jurisdiction. The challenge to the 6.7 acre aquifer exemption was also rejected as the agency's action was not arbitrary or capricious.
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  773 F.2d 1056· 9th Cir.· 1985-10-10 ·cited 9×
  The court affirmed the FERC's decisions regarding rate-making adjustments for a utility's sale of tax benefits and normalization of investment tax credits, deferring to the agency's expertise.
• City OF Alexandria v. Federal Highway Administration
  756 F.2d 1014· 4th Cir.· 1985-03-11 ·cited 9×
  The Federal Highway Administration (FHWA) did not act arbitrarily or capriciously in concluding that the Shirley Highway Traffic Management System was categorically excluded from the National Environmental Policy Act's requirements.
• Cent. Vt. Ry., Inc. v. Interstate Commerce Comm'n & United States
  711 F.2d 331· D.C. Cir.· 1983-06-28 ·cited 9×
  The court affirmed the ICC's approval of the railroad merger and denial of protective conditions regarding north-south service, finding truck competition sufficient to mitigate anticompetitive effects and the service not essential.
• S. Ga. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  699 F.2d 1088· 11th Cir.· 1983-03-07 ·cited 9×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Federal Energy Regulatory Commission's (FERC) interpretation of its regulation, which determined the 36-month period for filing a new base tariff began on August 1, 1977, was reasonable and entitled to deference.
• Proietti v. Civiletti
  603 F.2d 88· 9th Cir.· 1979-08-23 ·cited 9×
  The Attorney General abused his discretion in refusing to certify that Sergeant Proietti was acting within the scope of his employment, entitling him to government representation.
• Chevron OIL Co. v. Andrus
  588 F.2d 1383· 5th Cir.· 1979-02-09 ·cited 9×
  The Department of the Interior's regulations do not bind the Secretary to abide by a regional manager's unreviewed decision to accept oil and gas lease bids, and the Secretary's rejection of bids is subject to judicial review.
• Auto. Club OF NEW York, Inc. v. COX
  592 F.2d 658· 2d Cir.· 1979-01-12 ·cited 9×
  The court affirmed the Administrator's decision to increase tolls, holding that it was not arbitrary or capricious to consider the combined operations of various Port Authority facilities, including those running at a deficit like PATH, when setting bridge tolls under the General
• Kelly v. State
  362 So. 2d 945· Fla.· 1978-09-14 ·cited 9×
  The Florida Supreme Court upheld the constitutionality of a statute and court rule prohibiting bail pending appeal for defendants convicted of felonies when other felony charges are pending against them and probable cause has been found. The court rejected the appellant's argumen
• Stickelman v. United States
  563 F.2d 413· 9th Cir.· 1977-10-21 ·cited 9×
  The court held that the denial of an extension under 43 U.S.C. § 334 is subject to judicial review, and that the applicant was entitled to certain procedural due process rights.
• Melech v. Life Ins. Co. OF N. Am.
  739 F.3d 663· 11th Cir.· 2014-01-06 ·cited 8×
  The Eleventh Circuit vacated the district court's grant of summary judgment for LINA, holding that LINA, as an ERISA plan administrator, had an obligation to consider evidence generated by the Social Security Administration (SSA) process when evaluating the plaintiff's disability
• Howard v. Hartford Life & Accident Ins.
  769 F. Supp. 2d 1366· M.D. Fla.· 2011-03-14 ·cited 8×
  The court held that summary judgment was premature because the plaintiff had not had an adequate opportunity for discovery, and granted the plaintiff's motion to defer adjudication of the summary judgment motion.
• Zurla v. City OF Daytona Beach & City of Port Orange
  876 So. 2d 34· Fla. 5th DCA· 2004-05-28 ·cited 8×
  The court held that the plaintiff failed to state a cause of action for violation of due process rights and that the regulations were not arbitrary and capricious.
• Bellsouth Telecomms., Inc. v. McImetro Access Transmission Servs., Inc.
  317 F.3d 1270· 11th Cir.· 2003-01-10 ·cited 8×
  The Eleventh Circuit, in a dissenting opinion, argued that federal district courts lacked jurisdiction under 28 U.S.C. § 1331 and 47 U.S.C. § 252(e)(6) to review the Georgia Public Service Commission's (GPSC) order regarding reciprocal compensation for ISP-bound calls. The dissen
• Montalvo v. Univ. OF Miami
  705 So. 2d 1042· Fla. 3d DCA· 1998-02-11 ·cited 8×
  A doctoral candidate who failed a comprehensive oral examination at the University of Miami sought money damages without exhausting available administrative remedies. The court affirmed summary judgment for the university, holding that the student failed to present evidence of bi
• Russo v. Health
  984 F.2d 762· 7th Cir.· 1993-01-12 ·cited 8×
  The court held that the Trustees' denial of early retirement benefits was not arbitrary or capricious, and that the plaintiff's estoppel claim failed due to lack of detriment and ERISA preemption.
• Anne Arundel Cnty. v. U.S. Env't Prot. Agency
  963 F.2d 412· D.C. Cir.· 1992-05-01 ·cited 8×
  The court held that the EPA's use of only unfiltered groundwater samples and its failure to provide notice of a second private well were arbitrary and capricious, violating the APA.
• Grant v. Sec'y OF the Dep't OF Health & Human Servs.
  956 F.2d 1144· Fed. Cir.· 1992-02-25 ·cited 8×
  The appellate court reviews the Claims Court's decisions under the clearly erroneous standard, not the arbitrary and capricious standard.
• Rose Acre Farms, Inc. v. Madigan
  956 F.2d 670· 7th Cir.· 1992-02-10 ·cited 8×
  The court held that the district court erred in invalidating USDA regulations due to a lack of compensation, as the proper remedy for compensation claims lies with the Claims Court, not by enjoining the regulations.
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  955 F.2d 1199· 8th Cir.· 1992-02-05 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court vacated the district court's judgment and remanded the case because subsequent amendments to the relevant statutes provided for a good-faith exemption and graduated sanctions, which required reconsideration by the Secretary of Agriculture.
• Bechtel v. Fed. Commc'ns Comm'n
  957 F.2d 873· D.C. Cir.· 1992-01-31 ·cited 8×
  The court held that while the FCC's award of integration credit to Anchor was supported by substantial evidence, the FCC failed to adequately address Bechtel's challenge to the continued viability of the integration criterion in light of regulatory changes.
• Sabine River Auth. v. U.S. Dep't OF Interior
  951 F.2d 669· 5th Cir.· 1992-01-28 ·cited 8×
  The court held that the plaintiffs had standing to challenge the Fish and Wildlife Service's acquisition of a non-development easement under NEPA, even though the district court had dismissed their claims on the merits.
• Brewer v. Madigan
  945 F.2d 449· 1st Cir.· 1991-09-26 ·cited 8×
  The court held that the Farmers Home Administration (FmHA) regulation allowing judicial eviction processes for tenants in FmHA-subsidized housing is consistent with the enabling statute and the Administrative Procedure Act.
• Coy U. Spawn, Jr. v. W. Bank-Westheimer & Fed. Deposit Ins. Corp.
  925 F.2d 885· 5th Cir.· 1991-03-12 ·cited 8×
  The court held that the FDIC's interpretation of its regulations, which limited deposit insurance coverage based solely on bank records without considering actual ownership for certificates of deposit, was erroneous.
• Foster McGAW Hosp. OF Loyola Univ. OF Chicago v. Bldg. Material Chauffeurs
  925 F.2d 1023· 7th Cir.· 1991-02-12 ·cited 8×
  The court held that the welfare fund's denial of coverage was not arbitrary or capricious, and thus entitled to deferential review, requiring the court to uphold the trustees' decision.
• The City OF Kan. City v. Dep't of Hous. & Urban Dev.
  923 F.2d 188· D.C. Cir.· 1991-01-18 ·cited 8×
• Union OF Concerned Scientists v. United States Nuclear Regulatory Comm'n & the United States
  920 F.2d 50· D.C. Cir.· 1990-11-30 ·cited 8×
  The court held that the Nuclear Regulatory Commission's rule heightening specificity requirements for intervention pleadings does not facially violate the Atomic Energy Act, NEPA, or the APA.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n & United States
  914 F.2d 276· D.C. Cir.· 1990-09-14 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) reasonably interpreted and applied the relevant statutes in denying labor protection for employees of a non-applicant carrier and in treating a subsidiary's acquisition of rail lines as a transaction subject to discreti
• Anderson v. Blue Cross/Blue Shield OF Alabama
  907 F.2d 1072· 11th Cir.· 1990-08-01 ·cited 8×
  The court held that the health insurer's denial of benefits for rehabilitative services was not arbitrary or capricious, as the plan clearly excluded such admissions and the insured's stay was primarily for rehabilitation.
• Hutto Stockyard, Inc. v. United States Dep't OF Agric.
  903 F.2d 299· 4th Cir.· 1990-05-09 ·cited 8×
  The court held that the 90-day suspension was improper due to lack of notice under the APA, and the monetary penalty was vacated because the agency failed to consider all statutory factors and improperly counted violations. The finding of a violation under section 221 was reverse
• State OF NEW York v. Louis R. Sullivan, M.D.
  894 F.2d 20· 2d Cir.· 1990-01-05 ·cited 8×
  The Secretary's decision to exclude the prorated costs of excess medical malpractice insurance for attending physicians from inpatient hospital service rates was within his authority and not arbitrary or capricious.
• Murray A. Winslow v. Nat'l Transp. Safety Bd.
  885 F.2d 615· 9th Cir.· 1989-09-14 ·cited 8×
  The National Transportation Safety Board (NTSB) did not act arbitrarily or capriciously in reinstating a 90-day suspension of a pilot's certificate, as the suspension was within the range of sanctions historically imposed for similar violations.
• Shoals Am. Indus., Inc. v. The United States
  877 F.2d 883· 11th Cir.· 1989-07-17 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the district court erred by failing to accord sufficient deference to the GAO's reasonable interpretation of procurement statutes and regulations when reviewing the agency's decision.
• Barney J. Tearney v. Nat'l Transp. Safety Bd.
  868 F.2d 1451· 5th Cir.· 1989-04-04 ·cited 8×
  The court held that the FAA did not violate the APA by adopting the taxiing rule through adjudication, and the 'public interest' standard for certificate suspension is constitutional.
• Armco, Inc. v. United States Env't Prot. Agency
  869 F.2d 975· 6th Cir.· 1989-03-15 ·cited 8×
• Lockert v. United States Dep't OF Labor
  867 F.2d 513· 9th Cir.· 1989-01-30 ·cited 8×
  The court affirmed the Secretary of Labor's decision, holding that the employee's termination was not in violation of the Energy Reorganization Act's whistleblower protections.
• The Util. Reform Project v. Bonneville Power Administration and Peter Johnson
  869 F.2d 437· 9th Cir.· 1989-01-27 ·cited 8×
  The court held that the settlement agreement between BPA and the IOUs regarding the WNP-3 nuclear plant was lawful and did not violate statutory restrictions on BPA's authority.
• Pilon v. Ret. Plan FOR Salaried Emps. OF Great N. Nekoosa Corp. & Emp. Benefit Plan
  861 F.2d 217· 9th Cir.· 1988-11-07 ·cited 8×
• Tribal Vill. OF Akutan v. Hodel
  869 F.2d 1185· 9th Cir.· 1988-10-05 ·cited 8×
  The court held that the Secretary's rejection of the Governor's recommendations was not arbitrary or capricious, the environmental impact statement adequately complied with NEPA, and the Secretary satisfied ESA requirements by taking reasonably adequate steps to protect endangere
• Dep't of the Treas. v. Fed. Labor Relations Auth.
  857 F.2d 819· D.C. Cir.· 1988-09-23 ·cited 8×
  The court held that the union's proposal, requiring agency employees to be ranked and considered before outside applicants, directly interferes with the Bureau's statutory right to select employees from any appropriate source and is therefore not a negotiable procedure.
• Everhart v. Otis R. Bowen, M.D.
  853 F.2d 1532· 10th Cir.· 1988-08-12 ·cited 8×
  The court held that the Social Security Administration's netting regulations, which offset underpayments against overpayments, are inconsistent with the Social Security Act's waiver of recoupment provisions and thus invalid. However, the court reversed the district court's statew