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

• Petchem, Inc. v. Fed. Mar. Comm'n & the United States
  853 F.2d 958· D.C. Cir.· 1988-08-09 ·cited 4×
  The court denied Petchem's petition for review, affirming the FMC's decision that the Port Authority's denial of a non-exclusive tugboat franchise to Petchem was justified.
• United States v. 9/1 KG. Containers
  854 F.2d 173· 7th Cir.· 1988-07-27 ·cited 4×
  The court held that bulk drugs sold to veterinarians for compounding are misbranded if they lack adequate directions for use and do not qualify for a regulatory exemption, as the FDA has discretion to determine public health protection measures.
• Clallam Cnty. v. Dep't OF Transp.
  849 F.2d 424· 9th Cir.· 1988-06-14 ·cited 4×
  The court held that insurance proceeds and interest paid to the state for bridge damage constitute 'costs of construction' under 23 U.S.C. § 129(a), allowing the state to collect tolls to recoup these amounts.
• Dellacava v. Painters Pension Fund OF Westchester & Putnam Cntys.
  851 F.2d 22· 2d Cir.· 1988-06-10 ·cited 4×
  The court held that the pension fund trustees' determination of a break in service was potentially arbitrary and capricious, and that factual issues regarding the calculation of credited service and notice to the pensioner required a trial.
• Robertson v. Connors
  848 F.2d 472· 4th Cir.· 1988-06-07 ·cited 4×
  The court held that the Trustees' determination that the mine accident was not substantially responsible for Robertson's disability was arbitrary and capricious, as it was not supported by substantial evidence.
• Half Moon BAY Fishermans' Mktg. Ass'n v. Carlucci
  847 F.2d 1389· 9th Cir.· 1988-05-27 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion for a preliminary injunction, as the defendants had minimally complied with NEPA and MPRSA requirements for the initial dredging phase.
• Curtin v. Off. OF Pers. Mgmt.
  846 F.2d 1373· Fed. Cir.· 1988-05-18 ·cited 4×
  The Merit Systems Protection Board's decision upholding the Office of Personnel Management's examination practices for administrative law judges is affirmed, as the practices bear a rational relationship to job performance and were professionally developed.
• Coleman v. Perrill
  845 F.2d 876· 9th Cir.· 1988-05-03 ·cited 4×
  The court held that it lacked jurisdiction to review the Parole Commission's decision regarding co-defendant disparity because the relevant internal regulations were precatory, not binding. However, the court affirmed the Commission's decision to exceed recommended parole guideli
• Knisley v. Teamsters Local 654
  844 F.2d 387· 6th Cir.· 1988-04-19 ·cited 4×
  The court held that Title I claims are not precluded by Title IV's exclusivity provisions when the Secretary of Labor has determined Title IV does not apply to the election at issue.
• Sejman v. Warner-Lambert Co., Inc.
  845 F.2d 66· 4th Cir.· 1988-04-18 ·cited 4×
  The court held that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law contract claims for severance benefits, and the law of the case doctrine does not prevent the employer from raising this preemption defense in subsequent litigation.
• Brock v. Dun-Par Engineered Form Co.
  843 F.2d 1135· 8th Cir.· 1988-04-06 ·cited 4×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Occupational Safety and Health Review Commission erred in shifting the burden of proof to the Secretary to demonstrate the availability of alternative compliance measures.
• Bowles v. United States Army Corps OF Eng'rs
  841 F.2d 112· 5th Cir.· 1988-03-28 ·cited 4×
  The Court held that the claim for damages exceeding $10,000 for a Fifth Amendment taking falls within the exclusive jurisdiction of the Court of Claims, and the denial of a jury trial on the Bivens claim was harmless error due to insufficient evidence.
• Paris v. Dep't OF Hous. & Urban Dev.
  843 F.2d 561· 1st Cir.· 1988-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, as the legislative intent underlying public housing provisions forbids skipping over families because they are too poor.
• Haeffele v. Hercules Inc.
  839 F.2d 952· 3d Cir.· 1988-02-17 ·cited 4×
  The court held that summary judgment was improper on both the breach of contract and ERISA claims, as genuine issues of material fact exist regarding the employee's eligibility for the early retirement incentive program.
• Fairall v. Veterans Admin.
  844 F.2d 775· Fed. Cir.· 1987-12-10 ·cited 4×
  The Merit Systems Protection Board's decision upholding the removal of a medical technologist for negligence in recording blood test results is affirmed, as Chapter 75 removal procedures do not require prior notification of deficient performance.
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Soler v. G. & U., Inc.
  833 F.2d 1104· 2d Cir.· 1987-11-24 ·cited 4×
  The court held that the housing provided by growers to migrant workers was primarily for the benefit of the employer, not the employees, and thus its fair value could not be deducted from the minimum wage.
• Uscp-Wesco, Inc. v. Nat'l Labor Relations Bd.
  827 F.2d 581· 9th Cir.· 1987-09-08 ·cited 4×
  The National Labor Relations Board properly quashed notice of a hearing in a Section 10(k) proceeding because the dispute was a work preservation issue arising from a subcontracting violation, not a jurisdictional dispute between two unions over work assignment.
• Sussex Eng'g, Ltd. v. Montgomery
  825 F.2d 1084· 6th Cir.· 1987-08-11 ·cited 4×
  The court held that the INS's interpretation of 'temporary services or labor' under the Artee standard was a reasonable construction of the statute, and that the agency's denial of H-2 petitions based on an ongoing need was not arbitrary or capricious.
• Nat'l Black Media Coal. & The N.Y. Affiliate v. Fed. Commc'ns Comm'n & United States
  822 F.2d 277· 2d Cir.· 1987-06-24 ·cited 4×
  The court held that the FCC's orders granting a preference to daytimer radio stations in comparative proceedings for FM licenses were not an abuse of discretion and were adequately supported by reasoned explanations.
• United States v. Antioch Found.
  822 F.2d 693· 7th Cir.· 1987-06-15 ·cited 4×
  The court held that HUD's decision to foreclose was not arbitrary or capricious, and Antioch's defenses were without merit.
• Hosp. Ass'n OF R.I. v. Sec'y OF Health & Human Servs.
  820 F.2d 533· 1st Cir.· 1987-06-08 ·cited 4×
  The court held that the case was not moot despite a new regulation and that the hospitals had met the jurisdictional requirements for judicial review. The court vacated the judgment and remanded for determination of the validity and retroactive application of the new regulation,
• Int'l Bhd. OF Teamsters v. Interstate Commerce Comm'n & United States
  818 F.2d 87· D.C. Cir.· 1987-05-08 ·cited 4×
  Legislation mooted one challenge, and the Commission acted within its discretion on the remaining challenge regarding competition.
• Am. Fed'n OF Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  815 F.2d 718· D.C. Cir.· 1987-04-03 ·cited 4×
  The Federal Labor Relations Authority's dismissal of the union's petition as untimely was reasonable and not arbitrary or capricious.
• Armstead v. United States Dep't OF Hous. & Urban Dev.
  815 F.2d 278· 3d Cir.· 1987-03-31 ·cited 4×
  The court held that HUD's denial of a belated conference was not arbitrary or capricious, as the appellant failed to show good cause for her delay and HUD was entitled to rely on its records.
• Dep't OF the Navy v. Fed. Labor Relations Auth.
  815 F.2d 797· 1st Cir.· 1987-03-31 ·cited 4×
  The court held that the FLRA's order enforcing the arbitration award was unenforceable because the FLRA abused its discretion by misinterpreting the award and the collective bargaining agreement, and by rewriting contractual provisions.
• SAN Francisco Police Officers' Ass'n v. City & Cnty. OF SAN Francisco
  812 F.2d 1125· 9th Cir.· 1987-03-12 ·cited 4×
  Rescoring promotion examinations after results were known, to achieve specific racial and gender outcomes, violates Title VII and unlawfully trammels the interests of nonminority candidates.
• Washington v. Dep't OF the Army
  813 F.2d 390· Fed. Cir.· 1987-03-11 ·cited 4×
  The court held that the Merit Systems Protection Board did not err in upholding the petitioner's removal for absence without leave, as she failed to provide adequate medical documentation for her requested leave.
• State v. Organized Fishermen OF Florida
  503 So. 2d 935· Fla. 1st DCA· 1987-02-19 ·cited 4×
  The Florida District Court of Appeal reversed an administrative hearing officer's decision invalidating redfish harvesting regulations, holding that the Marine Fisheries Commission's bag limits and prohibition on commercial sale were valid exercises of delegated legislative autho
• Beryl C. Quinton v. Dep't OF Transp.
  808 F.2d 826· Fed. Cir.· 1986-12-31 ·cited 4×
  The court held that the Merit Systems Protection Board (MSPB) correctly sustained charges of false claims and falsifying records, and that the removal was not in reprisal for whistleblowing.
• Vista Sci. Corp. v. The United States
  808 F.2d 50· Fed. Cir.· 1986-12-24 ·cited 4×
  The court affirmed the Claims Court's decision, upholding the Board of Contract Appeals' rejection of the contractor's claims for equitable adjustment.
• The Nat'l Ass'n OF Broadcasters v. Copyright Royalty Tribunal
  809 F.2d 172· 2d Cir.· 1986-12-22 ·cited 4×
  The court held that the Copyright Royalty Tribunal's 1983 distribution of cable royalty fees was largely reasonable and affirmed its determinations.
• Zinger Constr. Co., Inc. v. The United States
  807 F.2d 979· Fed. Cir.· 1986-12-18 ·cited 4×
  The court affirmed the board's decision, holding that the contract required the contractor to reconnect control wires for the system to be operational, and the contractor assumed the risk of interpretation.
• Ernest J. Filiberti & Domell Dysthe v. Merit Sys. Prot. Bd.
  804 F.2d 1504· 9th Cir.· 1986-11-26 ·cited 4×
  The court held that the Board's decision to withhold salary from accrued leave pay was an impermissible penalty beyond statutory authority, but upheld the finding of improper influence.
• W. Union Int'l, Inc. v. Fed. Commc'ns Comm'n & the United States
  804 F.2d 1280· D.C. Cir.· 1986-10-31 ·cited 4×
  The court held that the FCC did not violate its prior mandate, nor were its decisions arbitrary and capricious, and it fulfilled its statutory obligations.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  802 F.2d 843· 6th Cir.· 1986-09-25 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Federal Labor Relations Authority's denial of backpay was not adequately explained and remanded the case for further consideration.
• Edison W. Miller v. Lehman
  801 F.2d 492· D.C. Cir.· 1986-09-19 ·cited 4×
  The court held that the Secretary's decision regarding naval tradition was not legally infirm, and the court should not consider arguments about limitations on the Secretary's authority until after a merits decision.
• Austin v. Dep't of Health & Rehabilitative Servs.
  495 So. 2d 777· Fla. 1st DCA· 1986-09-16 ·cited 4×
  Appellants challenged an administrative rule requiring welfare applicants to cooperate with child support enforcement, including submitting to paternity testing. The Florida appellate court affirmed the rule's validity, finding it reasonably related to statutory authority and not
• Consumers Union OF U.S., Inc. v. Fed. Trade Comm'n
  801 F.2d 417· D.C. Cir.· 1986-09-02 ·cited 4×
  The court, in a concurring opinion, expresses reservations about the majority's full embrace of the Commission's assessment regarding the costs and benefits of a known defects disclosure proposal for used cars.
• Nat'l Labor Relations Bd. v. Carson Cable TV
  795 F.2d 879· 9th Cir.· 1986-07-30 ·cited 4×
  The court held that the National Labor Relations Board properly found the respondents to be a single employer and that a multi-location bargaining unit for field employees was appropriate.
• Brown v. Nat'l Transp. Safety Bd. & Fed. Aviation Admin.
  795 F.2d 576· 6th Cir.· 1986-07-17 ·cited 4×
  The National Transportation Safety Board's dismissal of an untimely appeal from an oral decision is affirmed because the Board's procedural rules are a reasonable exercise of its authority and were not unfairly applied.
• Guar. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  794 F.2d 1339· 8th Cir.· 1986-07-09 ·cited 4×
  The court held that the district court did not err in dismissing Guaranty's action to remove a receiver appointed by the FHLBB, affirming the judgment.
• Severs v. Allied Constr. Servs., Inc.
  795 F.2d 649· 8th Cir.· 1986-07-08 ·cited 4×
  The court held that the plan administrator's denial of accelerated lump sum distribution, conditioned on a non-compete agreement, was not arbitrary or capricious, and thus summary judgment for the administrator was proper.
• Teskey v. M.P. Metal Prods., Inc.
  795 F.2d 30· 7th Cir.· 1986-06-30 ·cited 4×
  The court held that the district court's finding that the pension plan violated its own liquidity guidelines and arbitrarily and capriciously denied a former employee's vested benefits was not clearly erroneous.
• Roberson v. Gen. Motors Corp.
  801 F.2d 176· 6th Cir.· 1986-06-17 ·cited 4×
  The court held that the denial of disability pension benefits was not arbitrary or capricious, and that health care coverage properly ceased upon termination of employment as per the contract.
• Am. Trading Transp. Co., Inc. v. United States
  791 F.2d 942· D.C. Cir.· 1986-05-23 ·cited 4×
  The court held that the Maritime Administration (MarAd) did not err in permitting temporary transfers of subsidized oil tankers into the Alaskan oil trade, as the agency adequately considered the arguments of domestic carriers.
• J.J. Witmeyer, Jr. v. Kilroy
  788 F.2d 1021· 4th Cir.· 1986-04-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to amend the complaint and did not err in granting summary judgment for the trustees.
• Seattle Master Builders Ass'n v. Pac. Nw. Elec. Power & Conservation Planning Council (Northwest Power Planning Council)
  786 F.2d 1359· 9th Cir.· 1986-04-10 ·cited 4×
  The court held that the method of selecting members of the Pacific Northwest Electric Power and Conservation Planning Council violates the Appointments Clause of the United States Constitution.
• Cinelli v. Am. Home Prods. Corp.
  785 F.2d 264· 10th Cir.· 1986-02-24 ·cited 4×
  A forfeiture clause in an employment contract, which penalizes an employee for working for a competitor after termination, does not constitute an unreasonable restraint of trade under the Sherman Act. Furthermore, a committee's decision to revoke awards based on such a clause is
• Geyen v. Marsh
  782 F.2d 1351· 5th Cir.· 1986-02-20 ·cited 4×
  The court held that its prior decision, which allowed for judicial review of Board for Correction of Military Records (BCMR) decisions under certain standards and permitted tolling of the statute of limitations, does not create significant practical problems despite differing pre