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

• Telocator Network OF Am. v. Fed. Commc'ns Comm'n & United States
  691 F.2d 525· D.C. Cir.· 1982-10-05 ·cited 52×
  The court sustained the Federal Communications Commission's action allocating new mobile telephone channels to RCCs, allowing open entry and shared frequency use, with a modified cutoff rule for technical coordination.
• Nat'l Small Shipments Traffic Conf., Inc. v. Civil Aeronautics Bd.
  618 F.2d 819· D.C. Cir.· 1980-02-11 ·cited 52×
  The court held that the Civil Aeronautics Board (CAB) did not exceed its statutory authority in exempting air cargo carriers from tariff filing requirements, and its decision was not arbitrary and capricious.
• Pac. Legal Found. v. Dep't OF Transp.
  593 F.2d 1338· D.C. Cir.· 1979-02-01 ·cited 52×
  The court held that the Secretary of Transportation acted within his statutory authority in issuing the revised Motor Vehicle Safety Standard 208, which mandates passive restraints in passenger cars.
• Empire-Detroit Steel Division v. Occupational Safety & Health Review Comm'n & Ray Marshall
  579 F.2d 378· 6th Cir.· 1978-06-22 ·cited 52×
  The court held that the employer willfully violated the Occupational Safety and Health Act's general duty clause by failing to eliminate the recognized hazard of explosions caused by molten slag and water accumulation, despite prior notice and incidents.
• Zannino v. Arnold
  531 F.2d 687· 3d Cir.· 1976-02-19 ·cited 52×
  The court held that while the Parole Board's discretion is broad, judicial review via habeas corpus can examine whether the Board's stated reasons for denying parole have a rational factual basis in the record.
• Roark v. Boyle
  439 F.2d 497· D.C. Cir.· 1970-08-14 ·cited 52×
• Wben, Inc. v. United States & Fed. Commc'ns Comm'n
  396 F.2d 601· 2d Cir.· 1968-05-10 ·cited 52×
  The court held that the FCC's amended rules for presunrise operation by AM radio stations were not arbitrary or capricious, despite the difficulty in precisely quantifying listener gains and losses.
• Chatlos v. Brown
  136 F.2d 490· Emer. Ct. App.· 1943-05-28 ·cited 52×
  The court held that the Price Administrator's Maximum Rent Regulation No. 5 was not arbitrary or capricious, and the landlord failed to meet his burden of proof to establish otherwise.
• GUY v. Se. Iron Workers' Welf. Fund
  877 F.2d 37· 11th Cir.· 1989-07-11 ·cited 51×
  The court held that the Fund's decision to withhold benefits was arbitrary and capricious because the insured had not yet been made whole by the settlement, and the Fund failed to provide required notice and appeal rights.
• Dep't OF Transp. v. Groves-Watkins Constructors
  530 So. 2d 912· Fla.· 1988-08-18 ·cited 51×
  The Florida Supreme Court held that the Department of Transportation lawfully rejected all bids on a highway construction project as too high and properly ordered a rebid, establishing that agencies have broad discretion to reject all bids absent fraud, illegality, or bad faith,
• Fine v. Semet
  699 F.2d 1091· 11th Cir.· 1983-03-11 ·cited 51×
  The court should have remanded the case because the district court's conclusion regarding the investment impact of the lump sum distribution was not supported by sufficient evidence, particularly expert testimony.
• Mont. Power Co. v. Env't Prot. Agency
  608 F.2d 334· 9th Cir.· 1979-07-16 ·cited 51×
  The court held that the EPA's interpretation of 'commenced construction' under the Clean Air Act regulations and amendments was reasonable and not arbitrary or capricious, reversing the district court's judgment.
• E. Oakland-Fruitvale Planning Council v. Rumsfeld
  471 F.2d 524· 9th Cir.· 1972-12-08 ·cited 51×
  The court held that while the Director's ultimate decision on whether to override a governor's veto is unreviewable due to broad discretion, the Director has a statutory obligation to reconsider vetoed grants, and procedural claims related to hearings and findings are judicially
• Hozier v. Midwest Fasteners, Inc.
  908 F.2d 1155· 3d Cir.· 1990-07-24 ·cited 50×
  The court held that ERISA prohibits oral amendments to employee benefit plans, and that decisions to amend or terminate a plan are not fiduciary acts. However, the court found ambiguity in the original plan's terms, requiring further factual determination.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency & Lee M. Thomas
  824 F.2d 1146· D.C. Cir.· 1987-07-28 ·cited 50×
  The court held that the Administrator has discretion under section 112 of the Clean Air Act to set emission standards for hazardous pollutants, and is not required to prohibit all emissions when a safe threshold cannot be determined, nor is he prohibited from considering cost and
• YEE v. The United States
  512 F.2d 1383· Ct. Cl.· 1975-03-19 ·cited 50×
  The Air Force Board for the Correction of Military Records' denial of relief was arbitrary and capricious, entitling the plaintiff to back pay and record correction, but the offset of civilian earnings was proper.
• Buhr v. Buffalo Pub. Sch. Dist. NO. 38
  509 F.2d 1196· 8th Cir.· 1974-12-31 ·cited 50×
  A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
• Secretary OF Labor OF the United States v. Farino
  490 F.2d 885· 7th Cir.· 1973-12-19 ·cited 50×
  The court held that the denial of alien employment certifications is subject to judicial review under the Administrative Procedure Act and that employers have standing to challenge these denials. However, the court reversed the district court's order to issue certifications, rema
• The Fort Worth Nat'l Corp. v. Fed. Sav. & Loan Ins. Corp.
  469 F.2d 47· 5th Cir.· 1972-10-12 ·cited 50×
  The district court lacked jurisdiction to issue a preliminary injunction when a statutory review procedure in the Court of Appeals was available and adequate. The FSLIC's disapproval of FWN's acquisition was proper under the National Housing Act's anticompetitive provisions.
• Ill. Packing Co. v. Snyder
  151 F.2d 337· Emer. Ct. App.· 1945-09-25 ·cited 50×
  The court held that it has jurisdiction to hear the complaint challenging the validity of the subsidy regulation provisions, denying the motion to dismiss.
• Nance v. Env't Prot. Agency
  645 F.2d 701· 9th Cir.· 1981-05-18 ·cited 49×
  The court should not decide the case because it is not ripe for judicial review.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & the United States
  616 F.2d 748· 5th Cir.· 1980-05-05 ·cited 49×
  The court held that the ICC's grant of operating authority to Belford Trucking between Jacksonville and Plant City, Florida, was supported by substantial evidence, but the grant of statewide authority was not.
• Kollett v. Harris
  619 F.2d 134· 1st Cir.· 1980-04-18 ·cited 49×
• Sierra Club v. Lynn
  502 F.2d 43· 5th Cir.· 1974-10-04 ·cited 49×
  The court affirmed the district court's decision on the merits regarding HUD's compliance with NEPA and Title VII, but reversed the award of attorneys' fees and the retention of jurisdiction.
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  761 F.2d 768· D.C. Cir.· 1985-05-10 ·cited 48×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasonable basis for its limitation on eligible purchasers of released natural gas under a special marketing program (SMP), specifically excluding captive customers.
• Nat'l Ass'n FOR the Advancement OF Colored People v. Fed. Commc'ns Comm'n & United States
  682 F.2d 993· D.C. Cir.· 1982-06-29 ·cited 48×
  The court held that the Federal Communication Commission's repeal of the Top-Fifty Policy, which required evidentiary hearings for certain television ownership applications in major markets, was a rational and permissible administrative action.
• Cent. Freight Lines, Inc. v. The United States & Interstate Commerce Comm'n
  669 F.2d 1063· 5th Cir.· 1982-03-11 ·cited 48×
  The court held that the Interstate Commerce Commission did not err in applying the Motor Carrier Act of 1980 to pending applications and that its hybrid hearing procedure did not violate due process.
• Nat'l Ass'n OF Food Chains, Inc. v. Interstate Commerce Comm'n
  535 F.2d 1308· D.C. Cir.· 1976-05-18 ·cited 48×
  The court held that the Interstate Commerce Commission's order on reconsideration, which reversed its prior decision and allowed motor carriers to eliminate unloading services for loose and carcass meats, lacked a rational basis and was not adequately supported by the record.
• Sabin v. Butz
  515 F.2d 1061· 10th Cir.· 1975-04-09 ·cited 48×
  The court held that the Forest Service's denial of a ski instructor permit was not arbitrary or capricious on its face, but that summary judgment was improper because the agency failed to consider relevant antitrust and anti-competitive factors raised by the applicant.
• Cross v. United States
  512 F.2d 1212· 4th Cir.· 1975-02-07 ·cited 48×
  The court held that a plaintiff who admits to violations of an act waives their right to a de novo hearing on the fact of the violation and any accompanying due process rights. The scope of judicial review over administrative sanctions is limited to whether the sanction is arbitr
• Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio v. Nat'l Mediation Bd.
  425 F.2d 527· D.C. Cir.· 1970-01-30 ·cited 48×
  The court held that while the Railway Labor Act's mediation process is generally shielded from judicial review, courts retain jurisdiction to review claims of patently arbitrary or unreasonably delayed agency action, particularly when constitutional questions arise.
• Thompson Ramo Wooldridge Inc. v. The United States
  361 F.2d 222· Ct. Cl.· 1966-05-13 ·cited 48×
  The court held that the contract's provisions could be harmonized to allow the warranty of suitability for Government-furnished property to retain meaning, and that making usable prints was an intended use for the microfilm in a manufacturing context.
• Glesby L. Dabney v. Freeman
  358 F.2d 533· D.C. Cir.· 1965-12-28 ·cited 48×
  The court should not affirm summary judgment for appellees without knowing the basis for the trial court's decision, especially when a genuine issue of material fact regarding coercion exists.
• Mora v. Mejias
  206 F.2d 377· 1st Cir.· 1953-07-24 ·cited 48×
  The court held that the district court did not abuse its discretion in denying a temporary injunction because the plaintiff had not shown with reasonable certainty that he would ultimately prevail.
• Action ON Smoking AND Health v. Civil Aeronautics Bd.
  699 F.2d 1209· D.C. Cir.· 1983-01-28 ·cited 47×
  The Civil Aeronautics Board has the authority to regulate smoking on aircraft under the Federal Aviation Act, but its promulgation of Regulation ER-1245 was partially invalid due to inadequate explanation for rescinding protections and rejecting proposed rules.
• Missouri-Kansas-Texas R.R. Co. v. United States & Interstate Commerce Comm'n
  632 F.2d 392· 5th Cir.· 1980-11-24 ·cited 47×
  The court affirmed the Interstate Commerce Commission's decision to authorize the merger, finding that the Commission properly applied the 'public interest' standard and its 'essential services' policy was a valid re-evaluation.
• Nicholas v. Immigr. & Naturalization Serv.
  590 F.2d 802· 9th Cir.· 1979-02-02 ·cited 47×
  The court held that the denial of non-priority status was not an abuse of discretion because the petitioner failed to establish a norm for comparison, and that relief under 8 U.S.C. § 1182(c) was unavailable due to a drug conviction. The court also found that while the INS violat
• Feeley v. Sampson
  570 F.2d 364· 1st Cir.· 1978-01-18 ·cited 47×
  The dissenting judge argues that the majority's standard for evaluating conditions of confinement for pretrial detainees is too deferential and rejects established case law.
• Wis. GAS Co. v. Fed. Energy Regulatory Comm'n
  770 F.2d 1144· D.C. Cir.· 1985-08-20 ·cited 46×
  The court affirmed the Commission's orders eliminating variable cost recovery through minimum bills, finding it was reasoned decisionmaking and did not violate settlement agreements or import authorizations. However, it remanded the issue of whether downstream pipelines can inclu
• Adler v. Lewis
  675 F.2d 1085· 9th Cir.· 1982-04-30 ·cited 46×
  The Secretary complied with the requirements of section 4(f) of the Department of Transportation Act of 1966, as the project included all possible planning to minimize harm to parkland and no feasible or prudent alternative existed.
• Nat'l Fed'n OF Fed. Emps. & Local 1451 v. Fed. Labor Relations Auth.
  652 F.2d 191· D.C. Cir.· 1981-05-29 ·cited 46×
  The court held that the Federal Labor Relations Authority (FLRA) correctly determined that the employer has no duty to bargain over a union proposal mandating the minimum number of representatives the employer may designate for negotiations, as this does not affect 'conditions of
• Iowa Power & Light Co. v. Burlington N., Inc.
  647 F.2d 796· 8th Cir.· 1981-04-27 ·cited 46×
  The court held that the Staggers Rail Act of 1980 did not apply to this case due to its timing and the manifest injustice of retroactive application, and that the ICC properly considered the parties' agreed rate as evidence of a reasonable maximum.
• OLD Dominion Dairy Prods., Inc. v. Secretary OF Defense
  631 F.2d 953· D.C. Cir.· 1980-07-29 ·cited 46×
  When the government effectively bars a contractor from virtually all government work due to charges of lacking honesty or integrity, due process requires that the contractor be given notice of those charges and an opportunity to respond before adverse action is taken.
• Ithaca Coll. v. Nat'l Labor Relations Bd.
  623 F.2d 224· 2d Cir.· 1980-05-19 ·cited 46×
  The Board's refusal to conduct a hearing on whether Ithaca College's faculty were managerial or supervisory employees, in light of the Second Circuit's decision in NLRB v. Yeshiva University, was arbitrary, capricious, and unlawful.
• Coriolan v. Immigr. & Naturalization Serv.
  559 F.2d 993· 5th Cir.· 1977-09-22 ·cited 46×
  The majority opinion erred by disregarding controlling precedent and relying on an unauthenticated report presented for the first time on appeal.
• Alianza Federal de Mercedes v. Fed. Commc'ns Comm'n
  539 F.2d 732· D.C. Cir.· 1976-04-27 ·cited 46×
  Disclosure of licensee financial information is not required as a matter of law, and no substantial and material issues of fact were raised that would require an evidentiary hearing on the Petition to Deny the Renewal Application.
• Nucleus OF Chicago Homeowners Ass'n v. Lynn
  524 F.2d 225· 7th Cir.· 1975-10-06 ·cited 46×
  The court held that HUD's determination not to file an environmental impact statement for scattered-site public housing was not arbitrary, capricious, or contrary to law.
• Nat'l Courier Ass'n & Purolator Courier Corp. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  516 F.2d 1229· D.C. Cir.· 1975-08-04 ·cited 46×
  The court held that courier services for banking materials and financially related data processing materials are 'closely related' to banking, but general courier services for non-financially related material are not permissible as 'incidental' activities under the Act.
• Haynes v. The United States
  418 F.2d 1380· Ct. Cl.· 1969-12-12 ·cited 46×
  The court held that the plaintiff failed to exhaust administrative remedies for most procedural claims and that other alleged procedural errors were harmless. The court also found the administrative decision regarding the charges of inefficiency and failure to meet deadlines was
• Nat'l Ass'n OF Theatre Owners & Joint Comm. Against Toll TV v. Fed. Commc'ns Comm'n & United States
  420 F.2d 194· D.C. Cir.· 1969-09-30 ·cited 46×
  The Federal Communications Commission has the statutory authority under the Communications Act of 1934 to authorize nationwide over-the-air subscription television and acted properly in prescribing rules for its development.