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

• Mestas v. Huge
  585 F.2d 450· 10th Cir.· 1978-10-16 ·cited 8×
  The court held that the 20-year service requirement for a pension is not arbitrary, capricious, or unreasonable, and thus affirmed the denial of the pension.
• Save THE Dunes Council v. Alexander
  584 F.2d 158· 7th Cir.· 1978-08-21 ·cited 8×
  The court held that the Secretary of the Army has discretionary authority under 33 U.S.C. § 426i to address shore erosion caused by federal navigation works, and this discretion is not subject to enforcement by writ of mandamus. Furthermore, the court found no abuse of discretion
• Marshall v. C. F. & I. Steel Corp. & Occupational Safety & Health Review Comm'n
  576 F.2d 809· 10th Cir.· 1978-05-08 ·cited 8×
  The court held that the Occupational Safety and Health Review Commission erred in reversing an Administrative Law Judge's decision, finding that the employer's "walkaround" rights under § 8(e) were substantially complied with despite a lack of formal initial notice.
• Short Haul Survival Comm. v. United States & the Interstate Commerce Comm'n
  572 F.2d 240· 9th Cir.· 1978-03-17 ·cited 8×
  The court affirmed the Interstate Commerce Commission's report and order adopting new rules for determining commercial zones and terminal areas, finding the Commission acted rationally and within its authority.
• The Youngstown Cartage Co. v. Interstate Commerce Comm'n & United States
  571 F.2d 1243· D.C. Cir.· 1978-02-23 ·cited 8×
  The court affirmed the ICC's denial of YCC's applications, finding the Commission acted reasonably in enforcing procedural requirements and applying appropriate standards for new operating authority.
• The Twp. OF Benton v. Cnty. OF Berrien
  570 F.2d 114· 6th Cir.· 1978-02-08 ·cited 8×
  The court held that the EDA's regulations for allocating public works funds were not arbitrary or capricious, and that the district court erred in granting summary judgment against the EDA. The court also found the district court's procedural errors in granting summary judgment t
• Am. Fed'n of Labor & Cong. of Indus. Orgs., Indus. Union Dep't, Afl-Cio v. Marshall
  570 F.2d 1030· D.C. Cir.· 1978-01-20 ·cited 8×
  The court held that a nationwide decree on state OSHA enforcement is impractical and overly ambitious.
• Yale Univ. v. United States Dep't of Commerce
  579 F.2d 626· C.C.P.A.· 1977-12-01 ·cited 8×
  The court held that the Director's denial of duty exemptions was not supported by substantial evidence because the Director summarily adopted the conclusory recommendations of the Florence Committee without independent analysis of the evidence.
• REA Express, Inc. v. United States & Interstate Commerce Comm'n
  568 F.2d 940· 2d Cir.· 1977-09-16 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) did not act arbitrarily or capriciously in dismissing REA Express's application for permanent operating authority and revoking its temporary authority, nor did it abuse its discretion.
• Mobil Alaska Pipeline Co. v. United States & the Interstate Commerce Comm'n
  557 F.2d 775· 5th Cir.· 1977-07-29 ·cited 8×
  The Commission lacked the statutory authority to set an interim rate in the manner it did, as it failed to follow congressionally mandated ratemaking procedures and ignored statutory mechanisms for protecting parties.
• Finn v. The United States
  548 F.2d 340· Ct. Cl.· 1977-01-26 ·cited 8×
  The court held that the plaintiff failed to provide clear and convincing evidence that the military's disability rating decision was arbitrary, capricious, or unsupported by substantial evidence.
• ASG Indus., Inc. v. United States & Interstate Commerce Comm'n
  548 F.2d 147· 6th Cir.· 1977-01-05 ·cited 8×
  The court held that the Interstate Commerce Commission's (ICC) decision to deny reparations and reverse the finding of unjust and unreasonable rates was arbitrary and capricious, lacking a rational connection to the facts found.
• Widing Transp., Inc. v. Interstate Commerce Comm'n & United States
  545 F.2d 652· 9th Cir.· 1976-11-01 ·cited 8×
  The court held that the Interstate Commerce Commission's denial of motor carrier authority applications was not arbitrary, capricious, or unsupported by substantial evidence, as the applicants failed to provide clear evidence of their independent operations.
• Twiggs v. U. S. Small Bus. Admin.
  541 F.2d 150· 3d Cir.· 1976-08-31 ·cited 8×
  The court held that the district court erred by reviewing an incomplete administrative record and by applying the substantial evidence standard to a voluntary job transfer.
• State of Tex. v. The United States
  537 F.2d 466· Ct. Cl.· 1976-07-09 ·cited 8×
  The court held that the Federal-State Disaster Assistance Agreement did not provide a basis for the claim made by Texas.
• Nat'l Labor Relations Bd. v. Local Union NO. 584
  535 F.2d 205· 2d Cir.· 1976-05-12 ·cited 8×
  The court granted enforcement of the NLRB's order, finding the Board's work assignment decision was not arbitrary or capricious.
• Dr. and Mrs. Robert A. Katsev v. Coleman
  530 F.2d 176· 8th Cir.· 1976-02-09 ·cited 8×
  The court held that the district court did not err in granting summary judgment because the issues raised were questions of law, not fact, and the defendants had complied with applicable statutes.
• Naporano Metal & Iron Co. v. Secretary OF Labor OF the United States and Robert Seebol
  529 F.2d 537· 3d Cir.· 1976-01-21 ·cited 8×
  The court held that a wage established under a collective bargaining agreement and paid equally to alien and non-alien workers cannot be deemed to adversely affect the wages and working conditions of similarly employed Americans. Therefore, the Secretary of Labor acted contrary t
• Calabro v. United States Bd. OF Parole
  525 F.2d 660· 5th Cir.· 1975-12-31 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition without a hearing because the petition failed to allege facts sufficient to show the Board's action was arbitrary, capricious, or an abuse of discretion.
• La. Env't Soc'y, Inc. v. Coleman
  524 F.2d 930· 5th Cir.· 1975-11-28 ·cited 8×
  The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate a substantial threat of irreparable injury.
• Ismail Abdel Razik v. The United States
  525 F.2d 1028· Ct. Cl.· 1975-11-19 ·cited 8×
  The court held that the agency's removal of the plaintiff from his Civil Service position was procedurally sound and not arbitrary, thus affirming the administrative decision.
• Transcon. GAS Pipe Line Corp. v. Fed. Power Comm'n
  518 F.2d 459· D.C. Cir.· 1975-09-02 ·cited 8×
  The court held that the Federal Power Commission's exclusion of nonrecoverable advance payments from a pipeline company's rate base, while allowing amortization of those payments as a cost-of-service, does not violate the Constitution or the Natural Gas Act.
• City Nat'l Bank v. Smith
  513 F.2d 479· D.C. Cir.· 1975-05-27 ·cited 8×
  The court held that the Comptroller's approval of a national bank charter was not arbitrary, capricious, or an abuse of discretion, despite claims of misrepresentation, because the evidence of disclosure was substantial and the misrepresentation claim was not a significant issue
• Gross v. The United States
  505 F.2d 1271· Ct. Cl.· 1974-11-20 ·cited 8×
  The court held that administrative determinations of fact made under the Feed Grain Programs are final and conclusive under 7 U.S.C. § 1385 and are not subject to judicial review, except for questions of law or arbitrary/capricious action, which the plaintiff failed to prove.
• Terry v. The United States
  499 F.2d 695· Ct. Cl.· 1974-06-19 ·cited 8×
  The court held that the Postal Reorganization Act did not affect jurisdiction over claims arising before its enactment and that the plaintiff's written statement was not coerced, thus admissible as evidence supporting his discharge.
• Goodman v. Pub. Serv. Comm'n OF the Dist. OF Columbia
  497 F.2d 661· D.C. Cir.· 1974-03-25 ·cited 8×
  The court held that the Public Service Commission's order granting a rate increase was supported by substantial evidence and not arbitrary or capricious, affirming the District Court's decision.
• Transducer Patents Co. v. The Renegotiation Bd.
  492 F.2d 247· 9th Cir.· 1973-09-18 ·cited 8×
  The Tax Court's characterization of the transaction as a sale, rather than a license, was not arbitrary and capricious and was consistent with law.
• Brennan v. Local 551
  486 F.2d 6· 7th Cir.· 1973-08-13 ·cited 8×
  The court held that the Secretary of Labor has broad discretion in supervising union elections, including setting the election date, and that a new election under his supervision is required when a prior election is tainted by violations.
• Hughes AIR Corp. v. Civil Aeronautics Bd.
  482 F.2d 143· 9th Cir.· 1973-05-29 ·cited 8×
  The court held that the Civil Aeronautics Board's orders requiring Hughes Air Corporation to refund subsidies based on tax loss carrybacks were arbitrary and unenforceable.
• Biggin v. Immigr. & Naturalization Serv.
  479 F.2d 569· 3d Cir.· 1973-05-23 ·cited 8×
  The court affirmed the Board of Immigration Appeals' order of deportation, finding that the proceedings were not arbitrary, capricious, or illegal, and that the petitioner's due process rights were not violated.
• Assalone v. Carey
  473 F.2d 199· D.C. Cir.· 1972-12-28 ·cited 8×
  The court held that the trustees did not act arbitrarily or capriciously in applying the current eligibility standards to the plaintiff's pension application, and that the plaintiff has no claim to the funds as personal contributions.
• Taffel v. Hampton
  463 F.2d 251· 5th Cir.· 1972-07-21 ·cited 8×
  The court held that the Civil Service Commission's discharge of an employee for shoplifting was not arbitrary or capricious and that the notice provided was sufficient.
• Welch v. United States
  464 F.2d 682· 4th Cir.· 1972-07-11 ·cited 8×
  The court held that judicial review under the Food Stamp Act extends to the duration of a merchant's disqualification, not just the fact of disqualification.
• Barrington Manor Apts. Corp. v. The United States
  459 F.2d 499· Ct. Cl.· 1972-05-12 ·cited 8×
  The court held that the agency's denial of an adjusted premium charge exemption was not arbitrary or capricious, and plaintiff was not entitled to a partial refund or interest.
• McCONNELL v. Anderson
  451 F.2d 193· 8th Cir.· 1971-10-18 ·cited 8×
  The court held that the University Board of Regents acted within its discretion and was not arbitrary or capricious in denying employment to an applicant who sought to publicly profess his belief that homosexuals are entitled to equal privileges, as this conduct was not protected
• Larus & Brother Co., Inc. v. Fed. Commc'ns Comm'n & United States
  447 F.2d 876· 4th Cir.· 1971-08-20 ·cited 8×
  The court affirmed the FCC's ruling that licensees broadcasting anti-smoking messages are not required by the fairness doctrine to grant time for opposing views, as the health hazards of smoking are no longer considered a controversial issue.
• Jamil Mousa Shkukani v. Immigr. & Naturalization Serv.
  435 F.2d 1378· 8th Cir.· 1971-01-04 ·cited 8×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's applications for withholding of deportation and voluntary departure.
• Williams v. The United States
  434 F.2d 1346· Ct. Cl.· 1970-12-11 ·cited 8×
  The court held that an employee's knowingly false affidavit submitted to obtain reinstatement, even if in response to improper questions, precludes recovery of damages due to the statute on false claims.
• Cable TV OF Santa Barbara, Inc. v. Fed. Commc'ns Comm'n & United States
  428 F.2d 672· 9th Cir.· 1970-06-08 ·cited 8×
  The court held that the FCC's order granting non-duplication protection was not reversible error based on KCOY's financial losses or allocation policies, but reversed and remanded due to the FCC's inadequate consideration of the KCOY signal quality issue.
• Wienberg v. The United States
  425 F.2d 1244· Ct. Cl.· 1970-05-15 ·cited 8×
  The court held that the plaintiff failed to demonstrate that the IRS applied an improper standard or acted arbitrarily in denying his promotion in absentia, and thus the Board of Appeals and Review's decision denying back pay was correct.
• Ragoni v. United States
  424 F.2d 261· 3d Cir.· 1970-04-10 ·cited 8×
  The court held that the district court lacked jurisdiction to grant a declaratory judgment or review the Correction Board's decision, as the plaintiff failed to demonstrate arbitrary or capricious action within the administrative record and did not meet jurisdictional requirement
• Muskardin v. Immigr. & Naturalization Serv.
  415 F.2d 865· 2d Cir.· 1969-09-12 ·cited 8×
  The court held that the Special Inquiry Officer's denial of withholding deportation was not an abuse of discretion, as the scope of review is extremely narrow and limited to whether the decision was arbitrary or capricious.
• Salter v. The United States
  412 F.2d 874· Ct. Cl.· 1969-07-16 ·cited 8×
  The court held that the plaintiff was not prejudiced by the withholding of medical reports and that the inclusion of an affidavit did not deny administrative due process, affirming the demotion.
• Kasparek v. Gardner
  409 F.2d 214· 9th Cir.· 1969-03-19 ·cited 8×
  The court held that even if the Administrative Procedures Act authorizes review of the denial to reopen, the Appeals Council's decision was reasonable and not arbitrary, capricious, or an abuse of discretion.
• Udall v. Taunah
  398 F.2d 795· 10th Cir.· 1968-07-18 ·cited 8×
  The court held that the Secretary of the Interior's refusal to consider a family settlement agreement on its merits, based on procedural grounds rather than substantive ones, was an abdication of responsibility requiring remand.
• Scott Lumber Co., Inc. v. United States
  390 F.2d 388· 9th Cir.· 1968-02-01 ·cited 8×
  The court held that the district court erred in denying a new trial on just compensation because the government's expert witnesses based their valuations on an illegal 'clear cutting' method, rendering the jury award unsupported by legally sufficient evidence.
• Seaboard Airline R.R. Co. v. The United States
  387 F.2d 651· Ct. Cl.· 1967-12-15 ·cited 8×
  The court held that the Interstate Commerce Commission's determination that deicers and decontaminators were single articles rated class 45 was supported by substantial evidence and not arbitrary or capricious, and therefore, the court would not disturb the ICC's decision or gran
• Rabiner & Jontow, Inc. v. Fed. Trade Comm'n
  386 F.2d 667· 2d Cir.· 1967-12-05 ·cited 8×
  The court held that the Federal Trade Commission did not abuse its discretion by issuing a cease and desist order against one manufacturer while other competitors were also engaged in the same illegal practice, and that a cross-application for enforcement of the order is not requ
• Alaska S.S. Co. v. Fed. Mar. Comm'n & United States
  356 F.2d 59· 9th Cir.· 1966-02-02 ·cited 8×
  The court held that the denial of the motion to reopen was not arbitrary or an abuse of discretion, and the application to adduce additional evidence was denied.
• Nello L. Teer Co. v. The United States
  348 F.2d 533· Ct. Cl.· 1965-07-16 ·cited 8×
  The Secretary of Labor's wage determination was not final and conclusive because it was arbitrary, capricious, and not supported by substantial evidence when considering the entire record.