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

• Dibiccari v. Lockheed Martin Retirement Plan
  244 F. Supp. 2d 1308· M.D. Fla.· 2002-11-19 ·cited 2×
  The court held that the Retirement Plan Committee's denial of disability benefits was arbitrary and capricious because it was based on physical capacity findings to reject a claimed psychiatric disability and improperly disregarded the plaintiff's psychiatric evidence.
• Hawkins v. Arctic Slope Reg'l Corp.
  344 F. Supp. 2d 1331· M.D. Fla.· 2002-09-26 ·cited 2×
  The court held that discovery in ERISA cases is generally limited to the administrative record, but may extend to issues of conflict of interest to determine the standard of review.
• Schreck v. Reliance Standard Life Ins.
  104 F. Supp. 2d 1373· S.D. Fla.· 2000-06-29 ·cited 2×
  The court held that the insurance administrator's denial of benefits was arbitrary and capricious due to a lack of adequate investigation into the circumstances of the insured's death.
• S. Offshore Fishing Ass'n v. Daley
  995 F. Supp. 1411· M.D. Fla.· 1998-02-24 ·cited 2×
  The court held that the Secretary acted within his regulatory discretion in setting shark harvest quotas but failed to conduct a proper economic impact analysis on small businesses as required by the Regulatory Flexibility Act.
• Bannum, Inc. v. City of Fort Lauderdale
  996 F. Supp. 1230· S.D. Fla.· 1997-04-11 ·cited 2×
  The court granted summary judgment for the City, finding Bannum's equal protection and substantive due process claims lacked merit because the City's denial of a special use permit was rationally related to legitimate government interests.
• Schultz v. Metro. Life Ins.
  994 F. Supp. 1419· M.D. Fla.· 1997-02-19 ·cited 2×
  The court held that the plan administrator did not act arbitrarily and capriciously in denying accidental death benefits because the insured's death was a reasonably foreseeable consequence of driving while impaired.
• Harrison v. Aetna Life Ins.
  925 F. Supp. 744· M.D. Fla.· 1996-04-24 ·cited 2×
  The court held that the Aetna plan's 'Mouth, Jaws And Teeth' limitation, which covers surgery to alter jaw relationships when appliance therapy alone cannot result in functional improvement, could provide coverage for the plaintiff's son's orthognathic surgery, even if not strict
• Organized Fishermen of Fla., Inc. v. Franklin
  846 F. Supp. 1569· S.D. Fla.· 1994-03-18 ·cited 2×
  The court affirmed the magistrate's report and recommendation, granting summary judgment for the defendants because the plaintiffs failed to raise material issues of fact regarding due process violations or arbitrary and capricious agency action.
• Episcopal Hosp. v. Shalala
  994 F.2d 879· D.C. Cir.· 1993-06-18 ·cited 2×
  The court held that the Secretary's interpretation of the Medicare PPS statute, which did not require adjustments for costs incurred after Medicare coverage exhaustion, was permissible under Chevron, and the promulgation of the regulations was not arbitrary or capricious.
• Nesseim v. Mail Handlers Benefit Plan
  995 F.2d 804· 8th Cir.· 1993-06-01 ·cited 2×
  The court held that the Office of Personnel Management's (OPM) denial of coverage for high-dose chemotherapy with autologous bone marrow transplant for breast cancer was not arbitrary and capricious, and thus should not be overturned.
• Cucuras v. Sec'y OF the Dep't OF Health & Human Servs.
  993 F.2d 1525· Fed. Cir.· 1993-05-14 ·cited 2×
  The court affirmed the denial of compensation, holding that the special master and trial court properly weighed the evidence, giving greater weight to contemporaneous medical records over conflicting oral testimony, and correctly determined no causal link existed between the vacc
• McELROY Elecs. Corp. v. Fed. Commc'ns Comm'n
  990 F.2d 1351· D.C. Cir.· 1993-04-23 ·cited 2×
  The court held that the FCC's Second Report and Order did not provide clear notice that applications for unserved areas could not be filed after the five-year expansion period expired but before the FCC announced specific filing dates and procedures.
• DR Pepper/Seven-Up Cos., Inc. v. Fed. Trade Comm'n
  991 F.2d 859· D.C. Cir.· 1993-04-16 ·cited 2×
  The court held that the FTC's denial of an acquisition application based on antitrust concerns was justified, but its rejection of the 'failing company' defense was inadequately reasoned.
• MT. Graham RED Squirrel v. Espy
  986 F.2d 1568· 9th Cir.· 1993-03-03 ·cited 2×
  Deviations from the Management Plan do not, in themselves, constitute violations of the Arizona-Idaho Conservation Act (AICA), and judicial review of the Forest Service's decisions regarding the monitoring program is limited to whether those decisions were arbitrary or capricious
• Counts v. Kissack Water & OIL Serv., Inc.
  986 F.2d 1322· 10th Cir.· 1993-02-01 ·cited 2×
  The court held that the plan administrator's decision was based on a mistake of law because the plan was improperly amended to eliminate an optional form of benefit after the deadline for selecting transitional alternatives had passed.
• Ill. Health Care Ass'n & Heartland Manor Nursing Ctr. v. Bradley
  983 F.2d 1460· 7th Cir.· 1993-01-26 ·cited 2×
  The court held that Illinois's Medicaid reimbursement plan failed to comply with the Boren Amendment's procedural requirement to make findings that rates are reasonable and adequate for efficiently and economically operated facilities.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  981 F.2d 1362· 2d Cir.· 1992-12-22 ·cited 2×
  The court affirmed the district court's order upholding the Independent Administrator's decision, finding that Sansone breached his fiduciary duty by failing to adequately investigate allegations of organized crime ties against a union officer and that his advice-of-counsel defen
• Yerger v. Robertson
  981 F.2d 460· 9th Cir.· 1992-12-15 ·cited 2×
  The court held that the Forest Service's decision not to renew Yerger's use permit was not arbitrary and capricious, did not violate the National Historic Preservation Act, and Yerger was not entitled to equitable estoppel against the government.
• Barnes v. Off. OF Pers. Mgmt.
  980 F.2d 708· Fed. Cir.· 1992-11-20 ·cited 2×
  The court held that congressional uncertainty regarding the Public Pension Offset (PPO) provisions did not constitute a cause beyond the petitioners' control, and the petitioners failed to demonstrate that they could not postpone their retirement or that they were misinformed.
• Clark v. K-Mart Corp.
  979 F.2d 965· 3d Cir.· 1992-11-17 ·cited 2×
  The appeal is dismissed as moot because the preliminary injunction has been complied with and the plaintiff will not receive the treatment again, rendering both the injunction and bond issues moot.
• Sierra Club & William O'Neil v. Marsh
  976 F.2d 763· 1st Cir.· 1992-09-30 ·cited 2×
  The court held that the district court did not err in considering supplemental affidavits to clarify the administrative record and that the final Environmental Impact Statement adequately addressed the secondary impacts of the port project under NEPA.
• ALM Corp. v. United States Env't Prot. Agency
  974 F.2d 380· 3d Cir.· 1992-09-02 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the certification documents required by 19 C.F.R. § 12.121(a) are 'reports, notices, or other information' under TSCA, and that the EPA has independent authority to enforce TSCA penalties for violations, even when Customs procedures also apply.
• Bradley Mining Co. v. U.S. Env't Prot. Agency
  972 F.2d 1356· D.C. Cir.· 1992-08-28 ·cited 2×
  The court held that the EPA acted reasonably in listing Bradley Mining Company's inactive mercury mine on the National Priorities List, as sufficient evidence supported the Agency's determination of an observed release into surface water.
• Sequoia Orange Co. v. Yeutter
  973 F.2d 752· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that the Secretary of Agriculture's change in referendum voting procedures for marketing order amendments was subject to the Administrative Procedure Act's notice and comment requirements.
• Int'l Fabricare Inst. for itself v. U.S. Env't Prot. Agency
  972 F.2d 384· D.C. Cir.· 1992-08-21 ·cited 2×
  The court held that the EPA adequately complied with notice and comment requirements and provided reasoned explanations for its regulations under the Safe Drinking Water Act, denying all challenges.
• Usair, Inc. v. Dep't OF Transp.
  969 F.2d 1256· D.C. Cir.· 1992-07-24 ·cited 2×
  The court held that petitioners failed to exhaust administrative remedies regarding the timeliness of the DOT's decision and that the DOT's decision to award the route based on geographic balance was not arbitrary or capricious.
• Tenneco GAS v. Fed. Energy Regulatory Comm'n
  969 F.2d 1187· D.C. Cir.· 1992-07-21 ·cited 2×
  The court held that FERC's contemporaneous disclosure requirement for transportation information was reasonable, but its application to sales and marketing information lacked adequate justification and statutory authority.
• Arens v. The United States
  969 F.2d 1034· Fed. Cir.· 1992-07-08 ·cited 2×
  The court held that the Board for Correction of Military Records (BCMR) and the Claims Court misinterpreted and misapplied the regulation governing withdrawal of applications, and that the applicant should have been allowed to withdraw.
• Kotrosits v. Gatx Corp. Non-Contributory Pension Plan for Salaried Emps.
  970 F.2d 1165· 3d Cir.· 1992-07-06 ·cited 2×
  The court held that the Plan Administrator's denial of enhanced early retirement benefits was not an abuse of discretion, as the circumstances did not demonstrate a conflict of interest warranting de novo review.
• United States v. Louisiana-Pacific Corp.
  967 F.2d 1372· 9th Cir.· 1992-06-24 ·cited 2×
  The court held that the Federal Trade Commission (FTC) did not act arbitrarily or capriciously in denying Louisiana-Pacific Corporation's (LP) petitions to reopen a consent order, and that LP's defenses against civil penalties were without merit.
• Meade v. Pension Appeals & Review Comm.
  966 F.2d 190· 6th Cir.· 1992-06-04 ·cited 2×
  The court held that a claim for benefits under ERISA § 1132(a)(1)(B) is subject to the analogous state statute of limitations for breach of contract, and that the plan's discretionary authority to deny benefits must be reviewed de novo unless the plan explicitly grants such discr
• Dvorak v. Metro. Life Ins. Co.
  965 F.2d 606· 8th Cir.· 1992-05-27 ·cited 2×
  The court held that the magistrate judge's finding that the nursing home care provided was principally custodial was clearly erroneous, and therefore the denial of benefits was improper.
• Lester Sutter (91-1419) v. Basf Corp.
  964 F.2d 556· 6th Cir.· 1992-05-18 ·cited 2×
  The court held that BASF provided adequate notice of its retirement plan terms and that its decisions regarding plan amendments and benefit calculations were permissible business decisions, not breaches of fiduciary duty.
• Beazer E., Inc. v. United States Env't Prot. Agency
  963 F.2d 603· 3d Cir.· 1992-05-12 ·cited 2×
  The court held that Beazer's aeration basins are surface impoundments, not tanks, because they do not provide sufficient structural support when removed from the ground, and thus are subject to RCRA groundwater monitoring requirements.
• MT. Diablo Hosp. v. Louis W. Sullivan, M.D.
  963 F.2d 1175· 9th Cir.· 1992-04-28 ·cited 2×
  The court held that the Secretary's method for calculating Medicare routine cost limits was not arbitrary and capricious, but hospitals are entitled to seek retroactive corrective adjustments for undercompensation due to the wage index's failure to account for part-time workers.
• Thomas v. Brennan
  961 F.2d 612· 7th Cir.· 1992-04-07 ·cited 2×
  The court held that the Commission's regulation improperly delayed the application of D.C. parole guidelines to the D.C. portion of a mixed sentence, but affirmed the Commission's departure from federal parole guidelines as not arbitrary or capricious.
• Holy Cross Wilderness Fund v. Madigan
  960 F.2d 1515· 10th Cir.· 1992-04-03 ·cited 2×
  The Corps of Engineers did not violate NEPA or the Clean Water Act by issuing a permit for the Homestake II project because the Final Environmental Impact Statement was adequate, and the permit was conditioned on preventing wetland losses, which obviated the need for further stud
• United States Info. Agency v. Fed. Labor Relations Auth.
  960 F.2d 165· D.C. Cir.· 1992-04-03 ·cited 2×
  The court held that the FLRA failed to provide a reasoned explanation for its application of § 704 of the CSRA and misconstrued the 'vitally affects' test, requiring a remand for further proceedings.
• Flacche v. SUN Life Assurance Co. OF Canada (U.S.)
  958 F.2d 730· 6th Cir.· 1992-03-11 ·cited 2×
  The court held that Sun Life, as a non-fiduciary performing only ministerial functions, cannot be held liable under ERISA for breach of fiduciary duty or for extracontractual damages based on estoppel claims.
• Nw. Env't Def. Ctr. v. Brennen
  958 F.2d 930· 9th Cir.· 1992-03-11 ·cited 2×
  The court held that federal fishing regulations setting harvest limits for Oregon coastal coho salmon did not violate the Magnuson Act, NEPA, or CZMA, and that appellants lacked standing to challenge the composition of the Pacific Council on constitutional grounds.
• Mo. Dep't OF Soc. Servs. v. Louis W. Sullivan, M.D.
  957 F.2d 542· 8th Cir.· 1992-02-21 ·cited 2×
  The court held that the Health Care Financing Administration (HCFA) reasonably determined that Missouri's Medicaid amendment constituted a significant change in methods or standards for setting payment rates, requiring prior notice.
• Energy Transp. Grp., Inc. v. Mar. Admin. & United States
  956 F.2d 1206· D.C. Cir.· 1992-02-21 ·cited 2×
  The court held that Energy Transportation Group (ETG) lacked standing to challenge the sale of tankers, as its appeals were moot or based on speculative harm, and the Maritime Administration acted within its discretion.
• Cmtys., Inc. v. Busey
  956 F.2d 619· 6th Cir.· 1992-02-13 ·cited 2×
  The court held that the FAA's approval of the Louisville Airport Improvement Plan (LAIP) was not arbitrary or capricious, and that the agency adequately considered environmental impacts and alternatives.
• United States v. Kincaid
  959 F.2d 54· 6th Cir.· 1992-02-10 ·cited 2×
  The court held that a district court's reasons for downward departure from the Federal Sentencing Guidelines must be stated at the time of sentencing and be sufficiently specific for meaningful appellate review.
• Sierra Club v. Davies
  955 F.2d 1188· 8th Cir.· 1992-02-05 ·cited 2×
  The court held that preliminary testing for commercial diamond mining does not constitute a conversion under the Land and Water Conservation Fund Act, but any further testing or actual mining would require compliance with the Act's substitution requirements.
• McCARTHNEY v. Busey
  954 F.2d 1147· 6th Cir.· 1992-01-23 ·cited 2×
• Akin v. Off. of Thrift Supervision Dep't of Treas.
  950 F.2d 1180· 5th Cir.· 1992-01-23 ·cited 2×
  The court held that the Office of Thrift Supervision director's cease and desist order requiring Akin to pay $19.5 million to restore a savings and loan's net worth deficiency was enforceable under 12 U.S.C. § 1818(b).
• Edmundson v. C.A. Turner
  954 F.2d 510· 8th Cir.· 1992-01-16 ·cited 2×
  The court held that it has jurisdiction to review claims of double counting by the Parole Commission, even if it generally lacks jurisdiction to review substantive decisions.
• Yellow Freight Sys., Inc. v. Martin
  954 F.2d 353· 6th Cir.· 1992-01-16 ·cited 2×
  The court held that the Secretary of Labor violated Yellow Freight's due process rights by finding a violation of § 405(a) without providing adequate notice or an opportunity to be heard on that specific issue.
• Solite Corp. v. U.S. Env't Prot. Agency
  952 F.2d 473· D.C. Cir.· 1991-12-31 ·cited 2×
  The court held that the EPA's high volume criteria for Bevill Amendment exclusion are permissible and APA compliant, but remanded issues regarding lightweight aggregate residuals and Du Pont's chloride-ilmenite process wastes for further reasoning or notice.