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

• Erie Cnty. Geriatric Ctr. v. Louis W. Sullivan, M.D.
  952 F.2d 71· 3d Cir.· 1991-12-26 ·cited 2×
  The court held that the Secretary's approval of Pennsylvania's 1982 Medicaid plan amendment was arbitrary and capricious because the state's assurances of reasonable and adequate reimbursement were not substantiated, particularly concerning the 'rule of three' methodology for sma
• The Ohio Bell Tel. Co. (90-3146/3688) v. Fed. Commc'ns Comm'n
  949 F.2d 864· 6th Cir.· 1991-11-21 ·cited 2×
  The court held that the FCC's order requiring refunds for overearnings, without allowing for the offsetting of underearnings from other periods or subsidiaries, was arbitrary and capricious and inconsistent with its own rate of return policies.
• Ershick v. United Mo. Bank OF Kan. City, N.A.
  948 F.2d 660· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court did not err in finding that UMB, as a directed trustee, did not violate ERISA by following the administrator's directions to purchase and retain Greb X-Ray stock, as these actions were permitted by the ESOP and not contrary to ERISA.
• Wright v. U.S. Parole Comm'n
  948 F.2d 433· 8th Cir.· 1991-10-24 ·cited 2×
  The court should have reviewed the Parole Commission's decision for abuse of discretion, and Wright's due process rights were violated.
• O'Connor v. Cent. Va. U.F.C.W. & Subscribing Emp'rs Welf. Fund
  945 F.2d 799· 4th Cir.· 1991-09-30 ·cited 2×
  The court held that while trustees have discretion to interpret an ERISA plan, their denial of benefits for purely custodial care was reasonable, but the district court's order was ambiguous and required remand for clarification.
• Laborers' Int'l Union OF N. Am., AFL-CIO v. Nat'l Labor Relations Bd.
  945 F.2d 55· 2d Cir.· 1991-09-24 ·cited 2×
  The court held that an employer's investment in a union does not automatically render the employer's work preference coerced or tainted in a Section 10(k) determination, and thus the NLRB's decision to enforce its order against Local 104 was proper.
• Saracco v. Local Union 786 Bldg. Material Pension Fund
  942 F.2d 1213· 7th Cir.· 1991-09-16 ·cited 2×
  The court held that the pension fund trustees' interpretation of the plan, which required a participant to earn five pension credits specifically from Local 786 to repair a break in service, was not arbitrary and capricious.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  943 F.2d 1320· D.C. Cir.· 1991-09-06 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasoned explanation for its decision to retain an above-market incentive price for high-cost natural gas, particularly for post-NOPR wells, and for denying refunds for past overpayments.
• Stay, Inc. v. Cheney
  940 F.2d 1457· 11th Cir.· 1991-09-04 ·cited 2×
  Stay, Inc. challenged the Department of Defense's award of a security services contract to American Mutual Protective Bureau (AMPB), arguing that AMPB's bid was defective because its surety company failed to appoint agents for service of process in certain jurisdictions before bi
• David Ortiz Radio Corp. v. Fed. Commc'ns Comm'n
  941 F.2d 1253· D.C. Cir.· 1991-08-20 ·cited 2×
  The FCC's dismissal of claims regarding RRAI's concealment of site problems and abuse of process by an RRAI principal was arbitrary and capricious because the agency failed to adequately explain its reasoning or consider crucial evidence.
• Martin v. Occupational Safety & Health Review Comm'n
  941 F.2d 1051· 10th Cir.· 1991-08-05 ·cited 2×
  The court held that the Secretary's interpretation of 29 C.F.R. § 1910.1029(g)(3) requiring corrective action for respirator fit after atmospheric testing is reasonable and that CF & I had fair notice of this interpretation, thus constituting a violation.
• Pogue v. United States Dep't OF Labor
  940 F.2d 1287· 9th Cir.· 1991-08-05 ·cited 2×
  The court held that the Secretary of Labor's decision dismissing the employee's retaliation complaint was not supported by substantial evidence, particularly regarding the employer's burden to prove disciplinary actions would have occurred absent protected whistleblowing activity
• Env't Action, Inc. v. Fed. Energy Regulatory Comm'n
  939 F.2d 1057· D.C. Cir.· 1991-08-02 ·cited 2×
  The court held that the FERC's exclusion of Qualifying Facilities (QFs) and end users from access to firm transmission over PacifiCorp's system was not adequately reasoned and remanded those issues for further consideration. The court affirmed the FERC's decisions on other matter
• The Mountain States Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & United States
  939 F.2d 1035· D.C. Cir.· 1991-07-23 ·cited 2×
  The FCC's decision to shift the burden of proof for recovering litigation, settlement, and judgment costs to telephone companies for all federal statutory violations, not just antitrust, was not adequately justified and lacked sufficient consideration of its effects, requiring re
• In re the Dep't OF Energy Stripper Well Exemption Litig. Oryx Energy Co. (Successor to Sun Oil Co. (Delaware)) v. United States Dep't OF Energy
  944 F.2d 918· Temp. Emer. Ct. App.· 1991-07-11 ·cited 2×
  The court held that the DOE was not estopped from seeking interest on overcharges and that DOE policy rates were the appropriate rates for calculating both prejudgment and post-judgment interest on deficiencies.
• Blackman v. Busey
  938 F.2d 659· 6th Cir.· 1991-07-10 ·cited 2×
  The court held that the National Transportation Safety Board's findings were supported by substantial evidence, and neither the Administrator's revocation of the pilot's certificate nor the emergency proceedings constituted an abuse of discretion, nor did they violate the pilot's
• Gosnell v. Fed. Deposit Ins. Corp.
  938 F.2d 372· 2d Cir.· 1991-07-10 ·cited 2×
  Disappointed bidders lack standing under FIRREA to challenge the FDIC's asset disposition decisions, as these decisions are granted broad discretion and do not fall within the zone of interests protected by the statute.
• Nat'l Foods, Inc. v. Schulem Rubin
  936 F.2d 656· 2d Cir.· 1991-06-12 ·cited 2×
  The Eleventh Amendment does not prohibit a law firm from moving in federal court for additional fees from the State when the State is obligated by statute to provide for the defense of its employee in that court.
• Merlin Downie v. Indep. Drivers Ass'n Pension Plan
  934 F.2d 1168· 10th Cir.· 1991-06-05 ·cited 2×
  The court held that the district court's equitable remedy was proper in principle but required clarification regarding service credits and restitution, and remanded for findings on attorney fees.
• Trich Govindarajan v. FMC Corp.
  932 F.2d 634· 7th Cir.· 1991-05-13 ·cited 2×
  The court held that de novo review was appropriate for the plan administrator's decision because the plan did not grant discretionary authority, and the district court's findings were not clearly erroneous.
• ALL Regions Chem. Labs, Inc. v. United States Env't Prot. Agency
  932 F.2d 73· 1st Cir.· 1991-05-06 ·cited 2×
  The court held that the EPA's assessment of a $20,000 penalty against All Regions for failing to immediately notify the National Response Center of a hazardous chemical release was not arbitrary or capricious.
• Morales v. Merit Sys. Prot. Bd.
  932 F.2d 800· 9th Cir.· 1991-05-06 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the district court erred in granting summary judgment on the retaliatory discharge claim because a genuine issue of material fact regarding credibility remained, but affirmed summary judgment on the non-discrimination claims.
• Lyeth v. Chrysler Corp.
  929 F.2d 891· 2d Cir.· 1991-03-29 ·cited 2×
  The court held that New York's Lemon Law compulsory arbitration mechanism satisfies due process, and that Chrysler waived claims regarding the lack of a record by failing to request one. However, the arbitrator exceeded authority by awarding a new car instead of a comparable one.
• Aeronautical Radio, Inc. v. Fed. Commc'ns Comm'n & United States
  928 F.2d 428· D.C. Cir.· 1991-03-19 ·cited 2×
  The court held that the FCC's dismissal of ARINC's application was proper, but its $5 million cash requirement and consortium licensing for MSS were arbitrary and capricious.
• Bingham v. Nat'l Credit Union Admin. Bd.
  927 F.2d 282· 6th Cir.· 1991-03-06 ·cited 2×
  The court held that the district court properly dismissed the petition challenging the temporary cease and desist order as moot, and that the NCUA's imposition of conservatorship was not arbitrary and capricious, as statutory grounds existed.
• Tenn. GAS Pipeline Co. v. Fed. Energy Regulatory Comm'n
  926 F.2d 1206· D.C. Cir.· 1991-03-05 ·cited 2×
  The court held that while FERC's explanation for deviating from its established rate of return methodology was inadequate, the court would not order FERC to set a specific rate, but would instead remand for FERC to reconsider.
• Arnold v. Arrow Transp. Co. OF Del.
  926 F.2d 782· 9th Cir.· 1991-02-19 ·cited 2×
  The court held that the employer adequately disclosed its limited liability regarding pension benefits in the Summary Plan Description, satisfying ERISA's disclosure requirements.
• First S. Prod. Credit Ass'n v. The Farm Credit Admin.
  926 F.2d 339· 4th Cir.· 1991-02-19 ·cited 2×
  The court held that the Agricultural Credit Act of 1987 does not permit the Farm Credit Administration to require the merger of the Farm Credit Bank of Texas with the Federal Intermediate Credit Bank of Jackson, as the statute's plain language mandates mergers only between specif
• Smallwood v. Off. OF Thrift Supervision
  925 F.2d 894· 6th Cir.· 1991-02-07 ·cited 2×
  The Director's order waiving state law requirements for a savings association's conversion to a federal stock-owned association was within his statutory authority and not arbitrary or capricious.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  924 F.2d 961· 9th Cir.· 1991-02-01 ·cited 2×
  The court held that UTU has standing to petition for review, but IAM does not. It further held that 49 U.S.C. § 11347 does not mandate labor protection for employees in this case, but remanded for the ICC to consider its discretionary authority under 49 U.S.C. § 11344(c).
• Wash. Crab Producers, Inc. v. Mosbacher
  924 F.2d 1438· 9th Cir.· 1991-01-25 ·cited 2×
  The court held that the Magnuson Act does not require the Secretary of Commerce to analyze or consider the allocation of fish between treaty and non-treaty fishers in inside fisheries before issuing ocean harvest plans.
• Franklin Sav. Ass'n & Franklin Sav. Corp. v. Ryan
  922 F.2d 209· 4th Cir.· 1991-01-07 ·cited 2×
  The court held that a government decision-maker cannot be compelled to testify about their mental processes in reaching a decision absent extraordinary circumstances or a showing of misconduct.
• Allegheny Elec. Coop., Inc. v. Fed. Energy Regulatory Comm'n
  922 F.2d 73· 2d Cir.· 1990-12-17 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's (FERC) interpretation of 'public body' under the Niagara Redevelopment Act (NRA), requiring direct retail distribution and active management control, was a reasonable and permissible construction of the statute.
• Reed Franklin v. Pitney Bowes, Inc.
  919 F.2d 45· 6th Cir.· 1990-11-13 ·cited 2×
  The court held that plaintiffs were not entitled to severance pay because they continued employment with the successor company, and their subjective beliefs about the plan's terms were insufficient to create a genuine issue of material fact.
• Am. Horse Prot. Ass'n, Inc. v. Yeutter
  917 F.2d 594· D.C. Cir.· 1990-10-30 ·cited 2×
  The court held that the Secretary of Agriculture's regulations permitting six-ounce action devices under the Horse Protection Act were not arbitrary and capricious, and the district court improperly substituted its judgment for the agency's.
• Advance Bronze, Inc. v. Dole
  917 F.2d 944· 6th Cir.· 1990-10-26 ·cited 2×
  The court held that Advance Bronze, Inc. violated various Occupational Safety and Health Act standards related to lead exposure, including requirements for personal protective equipment, permissible exposure limits, air monitoring, medical surveillance, and respirator fit-testing
• Great W. Bank v. Off. OF Thrift Supervision
  916 F.2d 1421· 9th Cir.· 1990-10-18 ·cited 2×
  The Bank Board's decision denying the merger application was not arbitrary and capricious because the appellants' prior memorandum of understanding did not pertain to the specific transaction that would result in their exit from the FSLIC fund, thus they were not grandfathered fr
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Secretary OF THE Navy
  915 F.2d 727· D.C. Cir.· 1990-10-05 ·cited 2×
  The court held that the Navy's interpretation of its own regulations, allowing the Chief of Naval Operations to review and revise an appeals officer's decision, was reasonable and consistent with the governing OMB Circular A-76.
• Vierra v. Winona E. Rubin, Esq.
  915 F.2d 1372· 9th Cir.· 1990-10-03 ·cited 2×
  The Secretary's delegation to states to define 'good cause' for income reporting is permissible under the AFDC statute and regulations, and Hawaii's narrow definition does not contravene federal policy.
• Thriftway Co. v. U.S. Dep't OF Energy
  920 F.2d 23· Temp. Emer. Ct. App.· 1990-09-26 ·cited 2×
  The court affirmed the district court's decision, upholding the Department of Energy's Remedial Order that directed Thriftway to repay illegally acquired small refiner bias entitlements.
• State OF S.D. v. Colonel Donald E. Hazen
  914 F.2d 147· 8th Cir.· 1990-09-12 ·cited 2×
  The court held that the case is moot because the underlying dispute regarding water releases and fish spawning has passed, and the 'capable of repetition, yet evading review' exception does not apply. Therefore, the court vacates its prior order and remands for dismissal.
• State OF N.D. ex rel. Bd. OF Univ. & Sch. Lands v. Yeutter
  914 F.2d 1031· 8th Cir.· 1990-09-12 ·cited 2×
  The court lacks jurisdiction to review the agency's adjudicatory action regarding the Conservation Reserve Program.
• Vince Coleman v. R.E. Honsted
  908 F.2d 906· 11th Cir.· 1990-08-13 ·cited 2×
  The Parole Commission may rely on controverted portions of a presentence investigation report if it finds them accurate, and the Sentencing Reform Act did not mandate release within a specific guideline range.
• Cal. Energy Comm'n v. Bonneville Power Administration
  909 F.2d 1298· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that the Bonneville Power Administration's Long-Term Intertie Access Policy (LTIAP) reasonably balances statutory directives and is not arbitrary, capricious, or in excess of statutory authority.
• Tafoya v. W. Conf. OF Teamsters Pension Tr. Fund
  909 F.2d 344· 9th Cir.· 1990-07-13 ·cited 2×
  The court held that the pension fund's break in service rule was not arbitrary and capricious as applied to Tafoya, who had not vested under the plan in effect at the time of his break in service.
• Amoco Corp. v. U.S. Dep't OF Energy & James V. Watkins
  912 F.2d 472· Temp. Emer. Ct. App.· 1990-07-06 ·cited 2×
  The court held that the Office of Hearings and Appeals (OHA) did not err in dismissing Amoco's late application for restitution, as publication in the Federal Register satisfied the Department of Energy's (DOE) duty to provide notice, and Amoco's claim of ignorance was not credib
• Donlan v. Off. OF Pers. Mgmt.
  907 F.2d 1132· Fed. Cir.· 1990-07-06 ·cited 2×
  The court held that the state court divorce decree was a qualifying order under 5 U.S.C. § 8345(j)(1) and that the retiree was ineligible for a lump-sum election under 5 U.S.C. § 8343a(d)(2).
• Town OF RYE v. Skinner
  907 F.2d 23· 2d Cir.· 1990-06-25 ·cited 2×
  The court held that the FAA's orders approving airport projects and its layout plan were ripe for review and that the FAA complied with NEPA requirements.
• Shelton v. Marsh
  902 F.2d 1201· 6th Cir.· 1990-05-04 ·cited 2×
  The court held that the Corps' issuance of a Nationwide Permit 26 (NWP 26) superseded a previously issued section 404 permit, and that any procedural notice defects were harmless given actual notice provided.
• Am. Mining Cong. v. United States Nuclear Regulatory Comm'n & the United States
  902 F.2d 781· 10th Cir.· 1990-04-25 ·cited 2×
  The court held that the NRC's 1987 amendments to the Appendix A Criteria were permissible, affirming the agency's reliance on EPA's cost-benefit analysis and its conformity with existing regulatory regimes.