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

• Richards v. United Mine Workers OF Am. Health & Ret. Fund
  895 F.2d 133· 4th Cir.· 1990-01-30 ·cited 2×
  The dissenting judge argues that the majority improperly engaged in fact-finding, reweighing evidence that the Trustees had already considered and resolved. The dissent believes the Trustees' decision was supported by substantial evidence and should have been upheld.
• Tino Fiumara v. O'Brien
  889 F.2d 254· 10th Cir.· 1989-11-06 ·cited 2×
  The Parole Commission did not abuse its discretion in using unconvicted murders to increase the appellant's offense severity rating, as there was sufficient evidence to establish a nexus between the murders and his racketeering and extortion offenses.
• Enserch Exploration, Inc. v. Fed. Energy Regulatory Comm'n
  887 F.2d 81· 5th Cir.· 1989-10-30 ·cited 2×
  The court affirmed the Commission's remand of the Travis Peak Field tight formation designation, finding it was not arbitrary or capricious. The court dismissed the petition for review of the Commission's order reopening individual well determinations for lack of jurisdiction.
• Wash. Urban League v. Fed. Energy Regulatory Comm'n
  886 F.2d 1381· 3d Cir.· 1989-09-25 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) reasonably interpreted a settlement agreement, allowing Columbia Gas Transmission Corp. to retain certain refunds, and that FERC did not act arbitrarily or capriciously in upholding the settlement's terms over co
• Pub. Util. Comm'n OF Tex. v. Fed. Commc'ns Comm'n & United States
  886 F.2d 1325· D.C. Cir.· 1989-09-22 ·cited 2×
  The FCC permissibly preempted the Texas PUC's order, and the Commission was neither arbitrary nor capricious in its decision.
• Amarillo Prod. Credit Ass'n v. Farm Credit Admin.
  887 F.2d 507· 5th Cir.· 1989-09-11 ·cited 2×
  The Farm Credit Administration acted within its statutory authority in prohibiting Amarillo Production Credit Association's withdrawal from the Farm Credit System through reorganization, as the plan constituted a liquidation under the Act.
• Consumer Fed'n OF Am. v. United States Consumer Prod. Safety Comm'n
  883 F.2d 1073· D.C. Cir.· 1989-08-29 ·cited 2×
  The court held that the Consumer Product Safety Commission's interpretation of "reasonable grounds" for initiating rulemaking was permissible, and its denial of the petition to ban methylene chloride was reasonable.
• Montgomery Nat'l Bank v. Clarke
  882 F.2d 87· 3d Cir.· 1989-08-16 ·cited 2×
  The court held that the "public interest" standard in N.J.S.A. § 17:9A-19(K) is not unconstitutionally vague and that the Comptroller's decision to approve a national bank's branch application was not arbitrary or capricious.
• Carlson v. United States
  879 F.2d 261· 7th Cir.· 1989-07-07 ·cited 2×
  The court held that the Department of Agriculture's five-year disqualification of the plaintiff's store from the Food Stamp Program was not arbitrary or capricious, despite the owner's limited direct involvement, because the store engaged in a firm practice of selling conspicuous
• van Vranken v. United States Dep't OF Energy
  882 F.2d 514· Temp. Emer. Ct. App.· 1989-06-22 ·cited 2×
  The court held that the Department of Energy (DOE) could refuse to accept refund applications submitted by class counsel on behalf of a Rule 23 class in a section 209 proceeding, as this would improperly commingle public and private enforcement actions.
• The Bd. OF Trs. OF THE Watsonville Frozen Food Welf. Tr. Fund & The Watsonville Frozen Food Welf. Tr. Fund v. Cal. Coop. Creamery
  877 F.2d 1415· 9th Cir.· 1989-06-21 ·cited 2×
  The court held that a termination premium assessed by a trust fund was authorized by the trust agreement and that an employer could not raise a breach of fiduciary duty defense, but could raise a conflict of interest defense related to the premium's imposition.
• Darrell Bedoni and his parents v. Navajo-Hopi Indian Relocation Comm'n
  878 F.2d 1119· 9th Cir.· 1989-06-20 ·cited 2×
  The court held that the Navajo and Hopi Indian Relocation Amendments of 1988 clarified existing law, allowing jurisdiction over the case, and that the NHIRC breached its fiduciary duty to the Bedonis by encouraging their children to apply for benefits independently, leading to a
• Garrett v. Lyng
  877 F.2d 472· 6th Cir.· 1989-06-12 ·cited 2×
  The court held that the Secretary of Agriculture's 1986 amendment to food stamp regulations, categorizing 'workfare' benefits as unearned income, was not arbitrary or capricious. The court also dismissed the state's cross-appeal for lack of a justiciable case or controversy.
• Yokum v. United States Postal Serv.
  877 F.2d 276· 4th Cir.· 1989-06-08 ·cited 2×
  Nonpreference eligible postal workers are precluded by the Civil Service Reform Act from seeking judicial review of adverse personnel actions.
• Seva Resorts, Inc. v. Hodel
  876 F.2d 1394· 9th Cir.· 1989-06-02 ·cited 2×
  The Secretary of the Interior did not abuse his discretion in refusing to sign concession contracts, as he had the authority to terminate negotiations prior to execution if it was in the best interest of the government.
• McLAUGHLIN v. Lodge 647
  876 F.2d 648· 8th Cir.· 1989-06-01 ·cited 2×
  A district court has equitable discretion to refuse to order a rerun union election supervised by the Secretary of Labor, even if LMRDA violations are found, if an intervening election has remedied those violations.
• Fort Knox Dependent Schs. v. Fed. Labor Relations Auth.
  875 F.2d 1179· 6th Cir.· 1989-05-11 ·cited 2×
  The court should affirm the FLRA's order requiring the Army to bargain with the union over teacher overtime wages, as these wages are a condition of employment not specifically precluded by federal statute.
• Simmons v. Interstate Commerce Comm'n & United States
  871 F.2d 702· 7th Cir.· 1989-04-07 ·cited 2×
  The court affirmed the ICC's decisions, finding that KJ was entitled to broaden its prior exemption and that the car haulage agreement was not subject to mandatory labor protective conditions.
• Falk v. Secretary OF THE Army
  870 F.2d 941· 2d Cir.· 1989-03-30 ·cited 2×
• Wolchuck v. Otis R. Bowen, M.D.
  871 F.2d 869· 9th Cir.· 1989-03-30 ·cited 2×
  The court held that the appellant's 1981 statement, expressing doubt about his intent to file for father's benefits due to anticipated earnings, constituted a 'filing' under the relevant regulations, entitling him to retroactive benefits.
• S. Pac. Transp. Co. v. Interstate Commerce Comm'n
  871 F.2d 838· 9th Cir.· 1989-03-29 ·cited 2×
  The court affirmed the ICC's decision because the agency rationally balanced tangible financial data against intangible community needs, a policy judgment courts are ill-equipped to second-guess.
• Cotton Petroleum Corp. & Shell Oil Co. v. United States Dep't OF the Interior
  870 F.2d 1515· 10th Cir.· 1989-03-20 ·cited 2×
  The dissenting judge believes the majority erred in overturning the Secretary's discretionary decision regarding an Indian land lease, arguing the Secretary acted within his fiduciary duty to the lessors.
• Limerick Ecology Action, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  869 F.2d 719· 3d Cir.· 1989-02-28 ·cited 2×
  The court, in a dissenting opinion, held that the Nuclear Regulatory Commission (NRC) acted arbitrarily and capriciously in excluding the risk of sabotage from its environmental impact assessment for the Limerick nuclear power plant.
• NEW York State Elec. & GAS Corp. v. Fed. Energy Regulatory Comm'n
  875 F.2d 43· 3d Cir.· 1989-02-15 ·cited 2×·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Commission's interpretation of an ambiguous settlement agreement, which favored North Penn's calculation of refunds based on gas sales volume, was rational and entitled to deference.
• Hall v. Baker
  867 F.2d 693· D.C. Cir.· 1989-02-14 ·cited 2×
  The court held that the Foreign Service Grievance Board departed from its prior interpretation of its jurisdictional statute without reasoned explanation, thus acting arbitrarily.
• Ridgely v. Marsh
  866 F.2d 1526· D.C. Cir.· 1989-02-07 ·cited 2×
  The court held that the Army Board's decision to dismiss claims based on the statute of limitations was arbitrary and capricious because there was no record evidence that the claimant discovered the alleged errors before the limitations period began.
• Nat'l Coal. Against THE Misuse OF Pesticides v. Env't Prot. Agency
  867 F.2d 636· D.C. Cir.· 1989-02-03 ·cited 2×
  The court held that the EPA's interpretation of FIFRA section 6(a)(1) allowing consideration of sales during litigation for existing stocks in settlement agreements is permissible and that the district court erred in enjoining the sale of existing stocks.
• State OF Ohio v. Nuclear Regulatory Comm'n & the United States
  868 F.2d 810· 6th Cir.· 1989-01-27 ·cited 2×
  The dissenting judge holds that the Nuclear Regulatory Commission is statutorily required to grant a hearing upon request for a petition concerning emergency plans for a nuclear power station.
• S. Hills Health Sys. v. Bowen
  864 F.2d 1084· 3d Cir.· 1988-12-30 ·cited 2×
  The court held that the district court lacked jurisdiction to consider the hospitals' challenge to the disclosure regulation as arbitrary and capricious because the agency had not yet had an opportunity to create a record in response to the argument that changed market conditions
• Brown v. United States Postal Serv.
  860 F.2d 884· 9th Cir.· 1988-10-26 ·cited 2×
• The W. & S. Life Ins. Co. v. George and Regina Smith
  859 F.2d 407· 6th Cir.· 1988-10-07 ·cited 2×
  The court held that HUD's denial of the Smiths' mortgage assignment request was not arbitrary, capricious, or an abuse of discretion, as the Smiths failed to provide sufficient evidence that their default was caused by circumstances beyond their control.
• United States v. Means
  858 F.2d 404· 8th Cir.· 1988-09-28 ·cited 2×
  The Forest Service's denial of a special use permit for a religious community did not violate the First Amendment's Free Exercise Clause and was not arbitrary and capricious under the APA. The District Court erred in ordering the permit to be issued.
• Nat'l Labor Relations Bd. v. Econ. Lab., Inc.
  857 F.2d 931· 3d Cir.· 1988-09-27 ·cited 2×
  The court held that employees on long-term disability leave remain part of the bargaining unit for purposes of voting in a decertification election, and the Board's Red Arrow standard is a valid exercise of its discretion.
• Cousins v. Sec'y OF the United States Dep't OF Transp.
  857 F.2d 37· 1st Cir.· 1988-09-20 ·cited 2×
  Section 504 of the Rehabilitation Act of 1973 carries with it a private right of action against the federal government acting in its regulatory capacity.
• Dep't OF the Navy v. Fed. Labor Relations Auth.
  854 F.2d 1· 1st Cir.· 1988-08-16 ·cited 2×
  The court held that the FLRA erred in finding the Union's proposal negotiable because it improperly interpreted the term 'layoff' and failed to recognize that the proposal affected the Navy's management right to lay off employees without pay.
• Iowa Terminal R.R. Co. v. Interstate Commerce Comm'n & United States
  853 F.2d 965· D.C. Cir.· 1988-08-09 ·cited 2×
  The court held that the Interstate Commerce Commission's valuations for certain railroad assets were unsupported by evidence or statute, requiring remand for reconsideration.
• Oakland Cnty. Bd. OF Comm'rs v. United States Dep't OF Labor
  853 F.2d 439· 6th Cir.· 1988-08-02 ·cited 2×
  The court, in dissent, would hold that attorney's fees incurred challenging a Grant Officer's disallowance of CETA funds are allowable expenses, even if incurred after the Grant Officer's final determination.
• Richards v. United Mine Workers OF Am. Health & Ret. Funds
  851 F.2d 122· 4th Cir.· 1988-07-11 ·cited 2×
  The court held that the Trustees' decision denying disability pension benefits was supported by substantial evidence and not arbitrary or capricious.
• State OF Cal. v. Bennett
  849 F.2d 1227· 9th Cir.· 1988-06-20 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary lacked good cause to disallow field trip expenditures and that the disallowance of multi-purpose conference expenses was proper, while remanding for further determination on lodging expenses.
• Elmore Moving & Storage, Inc. v. The United States
  845 F.2d 1001· Fed. Cir.· 1988-05-03 ·cited 2×
  The court held that substantial evidence supported the board's finding that appellant was negligent in stacking wooden packing crates, creating a firestorm hazard that damaged household goods stored in a nearby warehouse.
• Riverside Cement Co. v. Thomas
  843 F.2d 1246· 9th Cir.· 1988-04-08 ·cited 2×
  The court held that the EPA acted arbitrarily and capriciously by approving a state air quality rule without regard to a condition precedent specified in the rule, and by failing to follow statutory procedures.
• Springfield Indus. Corp. v. The United States
  842 F.2d 1284· Fed. Cir.· 1988-03-29 ·cited 2×
  The court held that the trial court erred in concluding that the ban on importing PC strand was ultra vires, and that the ban was not arbitrary or capricious.
• Glasgow, Inc. v. Federal Highway Administration and Manuel A. Marks
  843 F.2d 130· 3d Cir.· 1988-03-29 ·cited 2×
  The court held that the Federal Highway Administration (FHWA) has discretion in concurring with state highway contract awards and did not abuse that discretion by refusing to concur when the state agency settled a lawsuit with the low bidder by reducing the Disadvantaged Business
• Ry. Labor Executives' Ass'n v. U.S. R.R. Ret. Bd.
  842 F.2d 466· D.C. Cir.· 1988-03-25 ·cited 2×
  The court held that the Railroad Retirement Board's interpretation of the service exception in the RRA and RUIA, as applied to Canadian law, was reasonable, but vacated the application to elected union officials pending further Board reconsideration.
• Martin Luther King Econ. Dev. Corp. v. Dep't OF Cmty. Affairs
  528 So. 2d 385· Fla. 3d DCA· 1988-02-23 ·cited 2×
  The Department of Community Affairs' scoring methodology for evaluating grant applications is consistent with the statutory requirement to consider the relative degree of distress of the target area, and the Department did not abuse its discretion in scoring MLK's application, in
• Shiflett v. United States Postal Serv.
  839 F.2d 669· Fed. Cir.· 1988-02-08 ·cited 2×
  The court held that the employee is bound by her union representative's knowledge and actions, even if the representative failed to inform her of appeal rights, and that her appeal was untimely.
• Petrochem Servs., Inc. v. The United States
  837 F.2d 1076· Fed. Cir.· 1988-01-26 ·cited 2×
  The government may discharge its duty to disclose superior knowledge through oral representations, but must prove the communication was heard and understood by the contractor.
• Am. Fed'n OF Gov't Emps., Local 1941, AFL-CIO v. Fed. Labor Relations Auth.
  837 F.2d 495· D.C. Cir.· 1988-01-19 ·cited 2×
  The court held that the hospital physician-employee's request for union representation during a formal peer review hearing was not protected under 5 U.S.C. § 7114(a)(2)(B).
• Evans v. Marsh
  835 F.2d 609· 5th Cir.· 1988-01-15 ·cited 2×
  The court held that while federal courts can review decisions of the Army Board for Correction of Military Records, the district court's dismissal is affirmed because the appellant's application was untimely and failed to demonstrate that waiving the timeliness requirement was in
• Asociacion de Compositores Y Editores de Musica Latinoamericana v. Copyright Royalty Tribunal
  835 F.2d 446· 2d Cir.· 1987-12-16 ·cited 2×
  The court held that the Copyright Royalty Tribunal's determination regarding ACEMLA's status and royalty distribution was not arbitrary, capricious, or contrary to law.