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

• Schowengerdt v. United States
  944 F.2d 483· 9th Cir.· 1991-09-06 ·cited 5×
  The court held that the plaintiff had no reasonable expectation of privacy in his office or credenza due to extreme workplace security measures, and his discharge from the Naval Reserve was not unconstitutional. The court affirmed the summary judgments.
• City OF Mount Clemens v. United States Env't Prot. Agency
  917 F.2d 908· 6th Cir.· 1990-10-25 ·cited 5×
  The court held that the district court erred in granting summary judgment for failing to exhaust administrative remedies, but correctly denied the preliminary injunction and limited discovery.
• Community FOR Creative Non-Violence v. Lujan
  908 F.2d 992· D.C. Cir.· 1990-07-17 ·cited 5×
  The court held that the Park Service's rejection of CCNV's sculpture was not arbitrary and capricious under the Administrative Procedure Act, and that the district court properly denied discovery of the decisionmaker.
• Arnold v. Life Ins. Co. OF N. Am.
  894 F.2d 1566· 11th Cir.· 1990-03-01 ·cited 5×
  The court held that the insurance policy's language regarding 'entire and irrecoverable loss of sight' was unambiguous and, because the plaintiff's sight was correctable with lenses, he did not meet the policy's definition of loss.
• E. Stanton Maxey, M.D. v. Kadrovach
  890 F.2d 73· 8th Cir.· 1989-11-20 ·cited 5×
  The court held that a federal employee discharged in alleged violation of constitutional rights cannot bring a constitutional tort claim if Congress has provided other remedies, and affirmed the dismissal of such claims and the ruling in favor of defendants on the APA claim.
• Defenders OF Wildlife v. Adm'r, Env't Prot. Agency
  882 F.2d 1294· 8th Cir.· 1989-08-16 ·cited 5×
  The court held that the Endangered Species Act (ESA) citizen suit provision allows plaintiffs to sue the EPA for violations, and that the EPA's strychnine registrations constituted illegal takings. However, claims under the Bald and Golden Eagle Protection Act and Migratory Bird
• Webb v. Bowen
  851 F.2d 190· 8th Cir.· 1988-06-29 ·cited 5×
  The court held that the Secretary's regulation requiring the netting of underpayments and overpayments is a permissible interpretation of the statute and does not violate statutory intent or constitutional rights.
• Rural Tel. Coal. v. Fed. Commc'ns Comm'n & United States
  838 F.2d 1307· D.C. Cir.· 1988-02-05 ·cited 5×
  The court held that the FCC's orders allocating non-traffic sensitive costs to interstate jurisdiction, establishing a Universal Service Fund, and phasing out customer premises equipment costs were lawful and within the Commission's authority.
• Samaritan Health Serv. v. Bowen
  811 F.2d 1524· D.C. Cir.· 1987-02-06 ·cited 5×
  The court held that the Secretary's exclusion of costs for sick newborn units as 'nursery' costs was arbitrary and capricious, and that the Provider Reimbursement Manual's restriction of standby fees to 'unmet guarantees' was an unreasonable interpretation of the Medicare Act.
• Port OF Jacksonville Mar. AD HOC Comm., Inc. v. The United States Coast Guard & Jacksonville Transp. Auth.
  788 F.2d 705· 11th Cir.· 1986-05-06 ·cited 5×
  The court held that the Coast Guard's determination that driving a test pile constituted commencement of construction was not arbitrary and capricious, and thus upheld the agency's action.
• GTE Serv. Corp. v. Fed. Commc'ns Comm'n
  782 F.2d 263· D.C. Cir.· 1986-01-28 ·cited 5×
  The FCC did not abuse its discretion by authorizing the transfer of facilities for AT&T's divestiture while deferring questions about the accounting treatment of certain divestiture expenses to later rate proceedings.
• Odom v. United Mine Workers OF Am. Health & Ret. Funds
  687 F.2d 843· 6th Cir.· 1982-09-01 ·cited 5×
  The court held that the denial of disability benefits was not supported by substantial evidence, as the on-the-job accident contributed to the appellant's total disability, even if it aggravated a pre-existing condition.
• Ellis Fischel State Cancer Hosp. v. Marshall
  629 F.2d 563· 8th Cir.· 1980-09-11 ·cited 5×
  The court affirmed the Secretary of Labor's order for reinstatement and back pay, finding the Eleventh Amendment did not bar administrative action and that the order was supported by substantial evidence.
• Fed. Prop. Mgmt. Corp. v. Harris
  603 F.2d 1226· 6th Cir.· 1979-08-21 ·cited 5×
  The Secretary of HUD has the discretion to set off rent supplement payments against delinquent mortgage obligations, and this action is not an abuse of discretion if it is rationally related to national housing policy.
• Gray Television, Inc. v. Fed. Commc'ns Comm'n
  130 F.4th 1201· 11th Cir.· 2025-03-07 ·cited 4×
  Gray Television, a broadcaster operating in Anchorage, Alaska, acquired the CBS network affiliation of another local station through a transaction with Denali Media Holdings, resulting in the disputed common ownership of two top-four rated stations in violation of FCC Note 11 to
• Meisel v. Sec. & Exch. Comm'n
  97 F.4th 755· 11th Cir.· 2024-03-27 ·cited 4×
  The Eleventh Circuit held that the SEC's denial of a whistleblower award was supported by substantial evidence and not arbitrary or capricious, as the petitioner's information did not lead to the successful enforcement of the covered action.
• Conservation Alliance v. United States Dep't of Transp.
  S.D. Fla.· 2015-11-05 ·cited 4×
  The court held that the Federal Highway Administration's approval of a highway project using parkland was not arbitrary or capricious, as there was no feasible and prudent alternative and all possible planning was done to minimize harm.
• Dep't OF Health v. Bayfront Med. Ctr., Inc.
  134 So. 3d 1017· Fla. 1st DCA· 2012-11-30 ·cited 4×
  The Florida Department of Health appealed the invalidation of a rule allocating trauma centers throughout Florida, arguing the administrative law judge erred in finding the rule an invalid exercise of delegated legislative authority. The First District Court of Appeal affirmed, h
• Tindell v. Tree of Life, Inc.
  672 F. Supp. 2d 1300· M.D. Fla.· 2009-11-24 ·cited 4×
  The court held that the plaintiff's administrative remedies were deemed exhausted due to the plan administrator's failure to comply with regulatory deadlines for processing her claim after an initial appeal was overturned.
• Giertz-Richardson v. Hartford Life & Accident Ins.
  536 F. Supp. 2d 1280· M.D. Fla.· 2008-03-07 ·cited 4×
  The court found that the plan administrator did not improperly weigh the evidence and was not required to give special deference to the opinions of the treating physician.
• McCawley v. Universidad Carlos Albizu (Carlos Albizu University), Inc.
  461 F. Supp. 2d 1251· S.D. Fla.· 2006-04-18 ·cited 4×
  The court held that a university's decision to dismiss a student and refuse to confer a degree, based on violations of conduct and ethical standards, is not arbitrary or capricious if it has a rational basis, even if the student completed academic requirements.
• Bazile v. Lucent Techs.
  403 F. Supp. 2d 1174· S.D. Fla.· 2005-11-29 ·cited 4×
  The court held that the plaintiff failed to meet the criteria for disability pension benefits and that his claim of malicious termination was barred by res judicata.
• Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs
  401 F. Supp. 2d 1298· S.D. Fla.· 2005-09-30 ·cited 4×
  The court held that the Corps' decision to issue a permit without preparing an Environmental Impact Statement was not arbitrary or capricious, as the project was found to have independent utility and no significant environmental impact.
• Crume v. Metro. Life Ins.
  387 F. Supp. 2d 1212· M.D. Fla.· 2005-09-07 ·cited 4×
  The court held that limited discovery outside the administrative record is permissible in ERISA cases reviewed under the arbitrary and capricious standard.
• Onofrieti v. Metro. Life Ins.
  320 F. Supp. 2d 1250· M.D. Fla.· 2004-03-22 ·cited 4×
  The court held that the administrator's decision to terminate long-term disability benefits was not wrong, and granted summary judgment for the defendant. The court also denied the plaintiff's motion to dismiss the defendant's counterclaim.
• Migliaro v. IBM Long-Term Disability Plan
  231 F. Supp. 2d 1167· M.D. Fla.· 2002-06-03 ·cited 4×
  The court held that the denial of long-term disability benefits was wrong because the insurer relied on misleading surveillance and insufficient medical evidence, and failed to adequately consider treating physicians' opinions.
• Thomas v. Lockheed Martin Info. Sys.
  155 F. Supp. 2d 1316· N.D. Fla.· 2001-03-26 ·cited 4×
  The court held that the plaintiff failed to prove disability on the critical date for his short-term disability claim and that the arbitrary and capricious standard of review applied to the long-term disability claim, which was also reasonably denied.
• Nitram, Inc. v. Indus. Risk Insurers
  848 F. Supp. 162· M.D. Fla.· 1994-03-23 ·cited 4×
  Respondents sought to vacate an arbitration award in a dispute over a tail gas expander supplied by MAN GHH to a nitric acid plant, arguing that the panel's reliance on expert witness Hansen's testimony was unfairly prejudicial, violated arbitration rules, and that the award was
• Harris v. Mut. OF Omaha Cos. & Rural Carrier Benefit Plan
  992 F.2d 706· 7th Cir.· 1993-04-29 ·cited 4×
  The court held that the Office of Personnel Management's (OPM) denial of health insurance coverage for a cancer treatment was not arbitrary and capricious, as the policy's plain language and definitions of 'experimental' and 'reliable evidence' supported the denial.
• Alisa Bradley and Ronald Bradley v. Sec'y OF the Dep't OF Health & Human Servs.
  991 F.2d 1570· Fed. Cir.· 1993-04-22 ·cited 4×
  The court affirmed the Claims Court's judgment because the special master's decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• Phillips v. Sec'y OF the Dep't OF Health & Human Servs.
  988 F.2d 111· Fed. Cir.· 1993-02-26 ·cited 4×
  The court affirms the judgment of the Court of Federal Claims, emphasizing that appeals based solely on fact-finding and credibility determinations are unlikely to succeed and waste resources.
• Paul v. Palermo
  981 F.2d 843· 5th Cir.· 1993-01-26 ·cited 4×
  The court held that the FDIC's interpretation of its regulation, which created a conclusive presumption of joint ownership for CDs based solely on a signature card, was unreasonable and contrary to law.
• Greenpeace Action v. Franklin
  982 F.2d 1342· 9th Cir.· 1992-12-29 ·cited 4×
  The court held that the arbitrary and capricious standard of review applies to an agency's decision not to prepare an initial Environmental Impact Statement when the dispute involves factual disagreements about the project's environmental impact. The court also found the case was
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  978 F.2d 68· 2d Cir.· 1992-11-02 ·cited 4×
  The court held that the district court erred in increasing a union officer's suspension without a finding that the independent administrator's original sanction was arbitrary or capricious.
• Fed. Labor Relations Auth. v. United States Dep't OF Def.
  975 F.2d 1105· 5th Cir.· 1992-10-09 ·cited 4×
  The dissent argues that United States Dep’t of Justice v. Reporters Comm. for Freedom of the Press dictates that disclosure under the FLRS is barred if it constitutes a clearly unwarranted invasion of personal privacy under FOIA Exemption 6, regardless of the requesting party's p
• Md. Dep't OF Human Res. v. United States Dep't OF Agric.
  976 F.2d 1462· 4th Cir.· 1992-09-15 ·cited 4×
  The court vacated the preliminary injunction, but the concurring opinion argues against basing the decision on the Appropriations Clause.
• Apache Powder Co. v. United States
  968 F.2d 66· D.C. Cir.· 1992-06-23 ·cited 4×
  The court held that the EPA's decision to include Apache Powder Company on the National Priorities List was consistent with its policy and not reversible on the grounds claimed.
• Altamont GAS Transmission Co. v. Fed. Energy Regulatory Comm'n
  965 F.2d 1098· D.C. Cir.· 1992-06-09 ·cited 4×
  The court held that the Federal Energy Regulatory Commission's dismissal of Altamont's pipeline application for incompleteness was not arbitrary or capricious, even though it foreclosed a comparative hearing under the Ashbacker doctrine.
• Platte River Whooping Crane Critical Habitat Maint. Tr. v. Fed. Energy Regulatory Comm'n
  962 F.2d 27· D.C. Cir.· 1992-04-17 ·cited 4×
  The court held that FERC properly declined to unilaterally impose environmental conditions on Central's annual license and did not err in refusing to bar new irrigation contracts absent evidence of intent. The court also found that NPPD's challenge to stayed minimum flow requirem
• State OF N.C. v. Fed. Aviation Admin.
  957 F.2d 1125· 4th Cir.· 1992-02-24 ·cited 4×
  The court held that the FAA's issuance of a final rule modifying restricted airspace was not arbitrary or capricious, and that the agency complied with NEPA requirements.
• Sierra Club v. Lujan
  949 F.2d 362· 10th Cir.· 1991-11-18 ·cited 4×
  The court held that the Bureau of Land Management's (BLM) environmental assessment and finding of no significant impact (FONSI) for the Harper contract to improve a segment of the Burr Trail were adequate under NEPA, and that claims of external influence on the decision-making pr
• Michigan United Conservation Clubs v. Lujan
  949 F.2d 202· 6th Cir.· 1991-11-13 ·cited 4×
  The court held that the National Park Service regulation prohibiting trapping in national lakeshores unless specifically authorized by federal law is a reasonable interpretation of the enabling acts and the Organic Act.
• Pub. Util. Dist. NO. 1 OF Douglas Cnty. v. Bonneville Power Administration
  947 F.2d 386· 9th Cir.· 1991-10-17 ·cited 4×
  The court held that the Bonneville Power Administration's definition of 'impose upon' is unreasonable because it conflicts with the statutory scheme granting FERC exclusive authority over non-federal project licenses.
• Found. ON Econ. Trends v. Lyng
  943 F.2d 79· D.C. Cir.· 1991-09-06 ·cited 4×
  The court held that plaintiffs have standing under the APA and NEPA, but they failed to state a claim under NEPA section 102(2)(C) because the alleged deficiencies in the USDA's germplasm program were not the proximate cause of the global loss of germplasm.
• Callahan v. Rouge Steel Co.
  941 F.2d 456· 6th Cir.· 1991-08-13 ·cited 4×
• Tex. Rural Legal AID, Inc. v. Legal Servs. Corp.
  940 F.2d 685· D.C. Cir.· 1991-08-02 ·cited 4×
  The court held that the Legal Services Corporation (LSC) has statutory authority to promulgate a regulation prohibiting recipient programs from engaging in redistricting litigation, and that the district court erred in enjoining its enforcement.
• The Mountain States Tel. & Tel. Co. v. Fed. Commc'ns Comm'n
  939 F.2d 1021· D.C. Cir.· 1991-07-23 ·cited 4×
  The court held that the FCC's orders directing the transfer of AT&T's antitrust litigation expenses to a 'below-the-line' account, creating a presumption against their inclusion in rate-making, were arbitrary and contrary to law.
• Simmons v. Interstate Commerce Comm'n & United States
  934 F.2d 363· D.C. Cir.· 1991-05-31 ·cited 4×
  The court should have granted the petition for review and remanded the case to the Commission to determine if the transaction was a disguised line sale.
• Bosco v. The United States
  931 F.2d 879· Fed. Cir.· 1991-05-01 ·cited 4×
  The Claims Court had subject matter jurisdiction over the appellants' claims, and its determination that the IRS' reclassification of their positions was not arbitrary or capricious and was supported by substantial evidence was correct.
• In re the Est. OF Michael Patrick Smith & Carolyn Finnell v. O'Halloran
  930 F.2d 1496· 10th Cir.· 1991-04-22 ·cited 4×
  The court held that the district court erred in finding the Secretary's position substantially justified for the period before March 24, 1987, and thus plaintiffs are entitled to attorneys' fees under the EAJA for that period.