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

• The Marine Corp. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  325 F.2d 960· 7th Cir.· 1963-12-17 ·cited 8×
  The court held that the Board of Governors' denial of the bank holding company's application to acquire another bank was supported by substantial evidence and was not arbitrary or capricious.
• SUN OIL Co. v. Fed. Power Comm'n
  304 F.2d 290· 5th Cir.· 1962-04-25 ·cited 8×
  The court held that the petition for review was premature because the Commission's letter order was interlocutory and not a final, appealable decision.
• Joso Milutin v. Bouchard
  299 F.2d 50· 3d Cir.· 1962-01-23 ·cited 8×
  The court held that a stay of deportation may be withheld solely upon the basis of undisclosed information, and that such a decision is not arbitrary or capricious.
• McKISSICK v. R.R. Ret. Bd.
  295 F.2d 287· 7th Cir.· 1961-10-09 ·cited 8×
  The court held that the Railroad Retirement Board's decision denying unemployment benefits was supported by substantial evidence and had a reasonable basis in law.
• O'Brien v. United States
  284 F.2d 692· Ct. Cl.· 1960-12-01 ·cited 8×
  The court held that the plaintiff's procedural rights were not violated by the agency's actions, and therefore, his claim for salary must be denied.
• Kraus v. Dulles
  235 F.2d 840· D.C. Cir.· 1956-07-05 ·cited 8×
  The court held that the district court's dismissal of the passport application case was unjustified, as there was a likelihood that the State Department's actions were arbitrary and capricious.
• Tobin v. Traders Compress Co.
  199 F.2d 8· 10th Cir.· 1952-09-02 ·cited 8×
  The court held that the Administrator's regulation limiting the Fair Labor Standards Act exemption based on plant location near towns or employee numbers was ultra vires.
• Flour Mills of Am., Inc. v. Reconstr. Fin. Corp.
  179 F.2d 965· Emer. Ct. App.· 1950-02-06 ·cited 8×
  The court held that the regulation's interpretation and application, requiring a single first-in-first-out accounting for all wheat ground against total forward sales, was lawful and not arbitrary or capricious.
• Counselman v. Fleming
  161 F.2d 203· Emer. Ct. App.· 1947-04-23 ·cited 8×
  The court held that the complainant failed to sustain the burden of proof that the maximum prices for veal were arbitrary and capricious as applied to non-processing slaughterers.
• Levers v. Berkshire
  159 F.2d 689· 10th Cir.· 1947-01-20 ·cited 8×
  The court held that the denial of a wholesaler's basic permit was not arbitrary or capricious, as the applicant's past conduct and trade connections indicated a likelihood of non-compliance with federal law.
• Watts v. R.R. Ret. Bd.
  150 F.2d 113· 5th Cir.· 1945-06-06 ·cited 8×
  The court held that the Railroad Retirement Board's finding of no total and permanent disability was supported by the evidence and not arbitrary or erroneous.
• Cudahy Bros. Co. v. Bowles
  142 F.2d 468· Emer. Ct. App.· 1944-05-15 ·cited 8×
  The court held that the complainant failed to provide clear and compelling evidence that its situation was substantially the same as those favored by the regulation, or that the regulation was arbitrary or capricious.
• JFK Med. Ctr. Ltd. v. Shands Jacksonville Med. Ctr.
  Fla. 1st DCA· 2018-11-13 ·cited 7×
  The Department of Health's proposed rules interpreting "need" for trauma centers as a minimum rather than a maximum were a valid exercise of delegated legislative authority because the term "need" is ambiguous and the Department's interpretation falls within the range of reasonab
• Horne v. Flores
  9th Cir.· 2009-06-25 ·cited 7×
  The Court held that the lower courts erred by focusing too narrowly on incremental funding rather than the broader question of whether the State was fulfilling its obligation to overcome language barriers through other means.
• Sierra Club v. Flowers
  423 F. Supp. 2d 1273· S.D. Fla.· 2006-03-22 ·cited 7×
  The court held that the agency's decision-making process suffered from substantial deficiencies, resulting in decisions not in accordance with federal environmental laws.
• Decarion v. Monroe Cnty.
  853 F. Supp. 1415· S.D. Fla.· 1994-05-19 ·cited 7×
  The court held that while the county's denial of the infrastructure permit deprived plaintiffs of a protected property interest, the denial was not arbitrary and capricious, thus not rising to the level of a constitutional tort.
• Monroe C. Schiffman v. Dep't of Prof'l Reg.
  581 So. 2d 1375· Fla. 1st DCA· 1991-06-13 ·cited 7×
  Monroe Schiffman appeals the Board of Pharmacy's denial of his application to reinstate his pharmacy license, which was revoked in 1977 for illegal distribution of controlled substances. The Florida First District Court of Appeal reversed and remanded, holding that the Board must
• Dytrt v. The Mountain State Tel. & Tel. Co.
  921 F.2d 889· 9th Cir.· 1990-12-17 ·cited 7×
  The court held that the employer's denial of the employee's request to revoke her early retirement election, under the circumstances, breached its ERISA fiduciary duty, but did not violate ERISA's anti-interference provision, and that the state law claim was preempted by ERISA.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  917 F.2d 30· D.C. Cir.· 1990-10-23 ·cited 7×
  The court held that the FCC improperly relied on cost and price factors when determining that AT&T's integrated service packages were not 'like' aggregated individual services, and remanded this issue for reconsideration. The court also found that the FCC's reasoning on price dis
• Sims v. United States Dep't OF Agric. Food & Nutrition Serv.
  860 F.2d 858· 8th Cir.· 1988-11-02 ·cited 7×
  The court held that while the agency's actions were not arbitrary and capricious regarding its guidelines, the district court's factual finding that the store did not have a practice of violating the Act was not clearly erroneous. The court also modified the remedy, reducing the
• Aman v. Fed. Aviation Admin.
  856 F.2d 946· 7th Cir.· 1988-09-12 ·cited 7×
  The FAA's denial of exemptions to the age sixty rule is vacated and remanded because the agency failed to adequately address the petitioners' argument that pilot experience offsets age-related risks.
• Wilkett v. Interstate Commerce Comm'n & United States
  857 F.2d 793· D.C. Cir.· 1988-06-30 ·cited 7×
  The court denied rehearing en banc, affirming the panel's decision to award fees under the Equal Access to Justice Act.
• Ross v. Pension Plan FOR Hourly Emps. OF SKF Indus., Inc.
  847 F.2d 329· 6th Cir.· 1988-05-26 ·cited 7×
  The court held that plant shutdown benefits are not protected by ERISA section 204(g) because they are not accrued benefits, early retirement benefits, retirement-type subsidies, or optional forms of benefit.
• AIR Line Pilots Ass'n v. U.S. Dep't OF Transp.
  838 F.2d 563· D.C. Cir.· 1988-02-05 ·cited 7×
  DOT acted arbitrarily by not considering if collective bargaining protections could be lost after acquisitions, thus reversing and remanding the TAC-Eastern acquisition denial of LPPs.
• S. Cent. United Food & Commercial Workers Unions v. C & G Mkts., Inc.
  836 F.2d 221· 5th Cir.· 1988-01-26 ·cited 7×
  The court held that an employer can offset mistakenly overpaid contributions against a delinquency owed to a benefit plan, but the offset must be calculated correctly, and attorney's fees and auditor's costs must be awarded according to established legal standards.
• Agee v. Baack
  834 F.2d 144· 8th Cir.· 1987-11-25 ·cited 7×
  The court held that the employer's interpretation of its personnel manual regarding separation and vacation benefits was reasonable and affirmed the grant of summary judgment.
• Cal. Energy Res. Conservation & Dev. Comm'n v. Bonneville Power Administration
  831 F.2d 1467· 9th Cir.· 1987-11-06 ·cited 7×
  The dissent argues that the BPA's interim access policy unlawfully discriminates against Southwest utilities and consumers by creating a cartel and restricting free market pricing.
• Ctr. FOR Auto Safety v. Dole
  828 F.2d 799· D.C. Cir.· 1987-09-08 ·cited 7×
  Denials of petitions to investigate alleged safety defects under 15 U.S.C. § 1410a are subject to judicial review under the APA to ensure NHTSA acts according to its 'reasonable possibility' standard and that its findings are not arbitrary or capricious.
• State OF Ariz. v. Thomas
  824 F.2d 745· 9th Cir.· 1987-08-10 ·cited 7×
  The court held that Arizona's petition for review of the EPA's disapproval of its carbon monoxide SIP revision is moot, and that the EPA acted within its authority in disapproving the total suspended particulate SIP revision and reimposing a construction ban.
• van Abbema v. Fornell
  807 F.2d 633· 7th Cir.· 1986-12-10 ·cited 7×
  The court held that the Corps adequately considered environmental impacts but failed to adequately evaluate the economics and alternatives to the proposed facility, requiring a remand.
• AIR Line Pilots Ass'n v. Dep't OF Transp.
  791 F.2d 172· D.C. Cir.· 1986-05-16 ·cited 7×
  The court held that the Civil Aeronautics Board reasonably changed its policy regarding labor protective provisions and did not err in denying an evidentiary hearing.
• Alberico v. The United States
  783 F.2d 1024· Fed. Cir.· 1986-02-10 ·cited 7×
  The court held that while the appellant may have had a protected property interest in continued employment, he was afforded his due process rights through notice and an opportunity to be heard.
• Goodface v. Garfield Grassrope
  708 F.2d 335· 8th Cir.· 1983-05-31 ·cited 7×
  The court held that while the district court had jurisdiction to review the BIA's arbitrary action in refusing to recognize a tribal council, it lacked jurisdiction to resolve the underlying intratribal election dispute.
• Danks v. Harrison Fields
  696 F.2d 572· 8th Cir.· 1982-12-28 ·cited 7×
  The court held that the Bureau of Indian Affairs (BIA) violated the terms of grazing permits by increasing fees after the mandatory August 1 deadline specified in the permits.
• Pac. Legal Found. v. Andrus
  657 F.2d 829· 6th Cir.· 1981-08-19 ·cited 7×
  The National Environmental Policy Act (NEPA) does not require the U.S. Fish and Wildlife Service (FWS) to file an environmental impact statement before listing a species as endangered under the Endangered Species Act (ESA).
• Smith v. Daws
  614 F.2d 1069· 5th Cir.· 1980-04-04 ·cited 7×
  The court held that a postal employee's suit for wrongful discharge, based on breach of a collective-bargaining agreement, is barred by the final and binding nature of an arbitrator's decision, as governed by the Postal Reorganization Act.
• Pinellas Cnty. v. Nelson
  362 So. 2d 279· Fla.· 1978-08-31 ·cited 7×
  The Florida Supreme Court held that while a county board of commissioners has wide discretion in formulating a county budget, it cannot arbitrarily or capriciously delete budget requests from a constitutional officer like the Supervisor of Elections. The board must have rational,
• VHV Jewelers, LLC v. Wolf
  17 F.4th 109· 11th Cir.· 2021-11-01 ·cited 6×
  The Eleventh Circuit held that the agency's denial of VHV Jewelers's L-1 visa extension petition was not arbitrary and capricious, as the agency correctly interpreted the statutory definition of 'executive capacity' and reasonably found the evidence insufficient.
• Nat'l Mining Ass'n v. U.S. Dep't of Labor
  985 F.3d 1309· 11th Cir.· 2021-01-22 ·cited 6×
  Mining trade associations challenged a 2017 Mine Safety and Health Administration rule requiring pre-shift workplace examinations, prompt notification of hazards to miners, and enhanced recordkeeping in metal and nonmetal mines, arguing the rule violated the Administrative Proced
• Jallali v. Nova Se. Univ., Inc.
  992 So. 2d 338· Fla. 4th DCA· 2008-10-01 ·cited 6×
  A medical student sued Nova Southeastern University for breach of implied contract after the university dismissed him for failing to meet updated graduation requirements, specifically passing the Comlex Level II exam. The Fourth District Court of Appeal reversed a jury verdict aw
• Smorto v. 3DI Techs., Inc.
  393 F. Supp. 2d 1304· M.D. Fla.· 2005-05-23 ·cited 6×
  The court held that Prudential's denial of long-term disability benefits was not arbitrary and capricious, as it had a reasonable basis in the administrative record.
• Florida Key Deer v. Brown
  364 F. Supp. 2d 1345· S.D. Fla.· 2005-03-29 ·cited 6×
  The court held that the 2003 Biological Opinion failed to adequately consider the effects of FEMA's NFIP after the adoption of the 1997 RPAs, and that the 2003 RPAs illegally relied on voluntary measures and failed to account for cumulative effects of projects.
• Hufford v. Harris Corp.
  322 F. Supp. 2d 1345· M.D. Fla.· 2004-05-18 ·cited 6×
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as requiring objective medical evidence is reasonable even if not explicitly stated in the plan.
• Parness v. Metro. Life Ins.
  291 F. Supp. 2d 1347· S.D. Fla.· 2003-08-13 ·cited 6×
  The court held that the heightened arbitrary and capricious standard of review applies to ERISA benefit denials when the plan grants discretion and the administrator has a conflict of interest, and that review is limited to the administrative record.
• City OF Sweetwater v. Solo Constr. Corp.
  823 So. 2d 798· Fla. 3d DCA· 2002-05-01 ·cited 6×
  The City of Sweetwater violated Florida's competitive bidding statutes by awarding a public works contract to United Engineering Corporation instead of Solo Construction Corporation, the lowest responsive and responsible bidder. The trial court issued a writ of mandamus and injun
• MCI Telecomms. Corp. v. BellSouth Telecomms., Inc.
  112 F. Supp. 2d 1286· N.D. Fla.· 2000-06-06 ·cited 6×
  The court held that the Florida Public Service Commission's pricing methodology was inconsistent with FCC regulations and that dark fiber should be considered a network element, but remanded the issue of a compensation mechanism for further consideration.
• Luton v. Prudential Ins. Co. of Am.
  88 F. Supp. 2d 1364· S.D. Fla.· 2000-03-23 ·cited 6×
  The court held that the term 'mental, psychoneurotic or personality disorder' in the disability plan is ambiguous, and construing it against the insurer, plaintiff's interpretation that his depression is physically based is reasonable, entitling him to benefits.
• Bernards v. United OF Omaha Life Ins. Co.
  987 F.2d 486· 8th Cir.· 1993-02-25 ·cited 6×
  The court held that the record was insufficient to determine if the insurer's denial of benefits was arbitrary and capricious, requiring further development of the record.
• Ass'n of Accredited Cosmetology Schs. v. Alexander
  979 F.2d 859· D.C. Cir.· 1992-11-24 ·cited 6×
  The court held that the Student Loan Default Prevention Initiative Act and its implementing regulations are constitutional, not retroactive, and do not violate due process or contract rights.
• Johnson v. Nat'l Transp. Safety Bd.
  979 F.2d 618· 7th Cir.· 1992-11-13 ·cited 6×
  The court held that the National Transportation Safety Board's findings of fact were supported by substantial evidence and that the penalty imposed was not arbitrary or capricious.