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

• Westchester Gen. Hosp., Inc. v. Dep't of Health & Human Servs.
  770 F. Supp. 2d 1286· S.D. Fla.· 2011-03-18
  The court held that the Department of Health and Human Services' denial of a request to depose an employee was not arbitrary and capricious, as the request failed to meet the requirements of the agency's Touhy regulations.
• Nebesny-Fender v. Am. Airlines, Inc.
  818 F. Supp. 2d 1319· S.D. Fla.· 2011-01-11
  The court held that the administrator's decision denying re-enrollment was wrong under a de novo standard because the employer failed to provide adequate notice of plan modifications.
• Raymond v. Life Ins. Co. of N. Am.
  732 F. Supp. 2d 347· S.D. Fla.· 2010-10-20
  The court held that the accidental death benefits were properly denied because the decedent's death resulted from the medical treatment of a sickness (insomnia), which was excluded under the policy terms.
• Vero Tech. Support, Inc. v. U.S. Dep't of Def.
  733 F. Supp. 2d 1336· S.D. Fla.· 2010-08-18
  The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
• Citizens for Smart Growth v. Peters
  716 F. Supp. 2d 1215· S.D. Fla.· 2010-05-03
  The court held that the Federal Highway Administration and Florida Department of Transportation did not violate NEPA or the APA in approving the Indian Street Bridge Project, finding their environmental review and decision-making processes were not arbitrary or capricious.
• Hunley v. Hartford Life & Accident Ins. Co.
  712 F. Supp. 2d 1271· M.D. Fla.· 2010-04-26
  Deborah Hunley sought long-term disability (LTD) benefits under an ERISA employee benefit plan administered by Hartford Life and Accident Insurance Company, claiming she was disabled due to lumbar degenerative disc disease and osteoarthritis. Hartford denied her benefits after Ap
• Doctors Pathology Servs. P.A.
  Del. Ch.· 2009-11-20
  The Court granted the defendant agency's motion to dismiss. Claims related to a prior, terminated Request for Proposal (RFP) were dismissed as moot. The court found that the agency's procurement process for professional services, including its decision to bundle anatomical and cl
• Nova Se. Univ. OF the Health Scis., Inc. v. Sharick
  21 So. 3d 41· Fla. 3d DCA· 2009-08-26
  Nova Southeastern University appeals the denial of its motions for directed verdict and new trial, and challenges awards of prejudgment interest and costs in a case involving the wrongful dismissal of a student two months before graduation. The court affirms the jury's finding of
• Fisher v. Salazar
  656 F. Supp. 2d 1357· N.D. Fla.· 2009-08-04
  The court held that the plaintiffs lacked standing to challenge the critical habitat designation for the Perdido Key beach mouse and, even if they had standing, they failed to demonstrate that the FWS's designation was arbitrary and capricious.
• Lelu v. Hartford Life & Accident Ins.
  626 F. Supp. 2d 1229· M.D. Fla.· 2009-05-19
  The court held that discovery from a non-party employee regarding short-term benefits is not permitted when the employee had no involvement in the long-term disability claim decision and the plaintiff failed to show the administrator was aware of information it should have consid
• Hert v. Prudential Ins. Co. of Am.
  650 F. Supp. 2d 1180· M.D. Fla.· 2009-04-28
  The court held that the plan administrator's decision to terminate long-term disability benefits was not arbitrary and capricious, as the aggregate evidence did not support a rational determination that the administrator acted wrongly.
• Sierra Club v. Van Antwerp
  709 F. Supp. 2d 1254· S.D. Fla.· 2009-01-30
  The Corps' determination that limestone mining in wetlands was water-dependent and that no practicable alternatives existed was arbitrary and capricious, violating the Clean Water Act and NEPA.
• Scippio v. Fla. Combined Life Ins.
  585 F. Supp. 2d 1317· N.D. Fla.· 2008-11-06
  The court granted Scippio's motion for summary judgment and denied FCL's, finding that FCL's denial of long-term disability benefits was wrongful.
• Miller v. Prudential Ins. Co. of Am.
  625 F. Supp. 2d 1256· S.D. Fla.· 2008-10-09
  The court held that Prudential did not abuse its discretion in terminating long-term disability benefits under the 24-month mental illness limitation because the claimant failed to provide substantial objective evidence that her depression was entirely organically based or that h
• Miller v. Liberty Life Assur. Co. of Boston
  622 F. Supp. 2d 1284· M.D. Fla.· 2008-10-08
  The court held that Liberty Life's decisions to treat the plaintiff's injuries as separate and to terminate his LTD benefits were not demonstrably wrong and were reasonable under the arbitrary and capricious standard of review.
• Danvir Corp.
  Del. Ch.· 2008-10-06
  The court held that the City of Wilmington's bidding process for a towing and impounding contract was lawful and not arbitrary or capricious. The court found that the City acted within its discretion by excluding the Standby Charge from the bid evaluation because it was immateria
• Dunn v. Cox
  560 F. Supp. 2d 1247· M.D. Fla.· 2008-06-06
  The court held that the unsigned beneficiary designation form was invalid because it lacked the required signature, and the doctrine of substantial compliance did not apply.
• Creel v. Wachovia Corp.
  543 F. Supp. 2d 1298· M.D. Fla.· 2008-02-25
  The court held that the defendant's decision to terminate long-term disability benefits was not demonstrably wrong under the plan's terms, even if potentially unfair, because the plaintiff failed to provide sufficient objective medical evidence of a disabling physical condition a
• Borschel v. Cont'l Cas. Co.
  536 F. Supp. 2d 1294· S.D. Fla.· 2008-02-13
  The court held that the plaintiff's claim for long-term disability benefits was untimely and that she failed to rebut the presumption of prejudice, thus the denial of benefits was not 'de novo wrong' under ERISA.
• Sanzone v. Hartford Life & Accident Ins.
  519 F. Supp. 2d 1250· S.D. Fla.· 2007-10-16
  The court granted reconsideration, finding that the heightened arbitrary and capricious standard applies, which limits review to the administrative record, and therefore denied the plaintiff's motion to supplement the record with a physician's affidavit.
• IN & FOR Sussex Cnty. Barbara Murray v. C.A. No. 2249-MG (S Riverview, LLC
  Del. Ch.· 2007-10-11
  The Court granted the petitioners' motion for summary judgment, finding the zoning ordinance invalid due to an inadequate record. The Court held that the appended findings of fact were not properly adopted by the County Council, preventing a meaningful review of whether the Counc
• IN & FOR Sussex Cnty. Bernie's Conchs
  Del. Super. Ct.· 2007-06-08
  The Superior Court reversed the Department's order imposing a two-year moratorium on horseshoe crab harvesting, finding that the moratorium lacked a rational basis in the record and was therefore invalid. The court determined that the evidence did not support the premise that a m
• NuVox Commc'ns, Inc. v. Edgar
  511 F. Supp. 2d 1198· N.D. Fla.· 2007-06-01
  The court held that the FPSC misinterpreted the TRO regarding commingling of § 251 elements with § 271 checklist elements, and that commingling is required. The court affirmed the FPSC's decisions on line conditioning, load coils, bridged taps, auditing practices, and maximum dep
• Manning v. Johnson & Johnson Pension Comm.
  504 F. Supp. 2d 1293· M.D. Fla.· 2007-05-16
  The court found that the Pension Committee's denial of long-term disability benefits was not arbitrary and capricious, as there was a reasonable basis in the administrative record for the decision, despite some conflicting medical opinions.
• Kostoff v. Fleet Sec., Inc.
  506 F. Supp. 2d 1150· M.D. Fla.· 2007-04-05
  The court confirmed the arbitration award, denying the petition to vacate, and reserved jurisdiction to determine attorney's fees.
• Lyncker v. Johnson & Johnson Pension Comm.
  505 F. Supp. 2d 1303· M.D. Fla.· 2006-10-23
  The court held that the denial of long-term disability benefits based on the plaintiff's asthmatic and pulmonary conditions was arbitrary and capricious, as the administrator failed to accurately represent the treating physician's opinion and did not conduct further review.
• Morse LLC v. Beckman Coulter, Inc.
  455 F. Supp. 2d 1339· S.D. Fla.· 2006-09-25
  The court held that the denial of benefits for experimental treatment was not arbitrary and capricious, and therefore summary judgment for the defendant was granted.
• Watson Constr. Co. v. City of Gainesville
  433 F. Supp. 2d 1269· N.D. Fla.· 2006-05-23
  The court held that the plaintiff could not prove a procedural due process claim because the City's moratorium ordinance was a legislative act, and thus summary judgment was granted on that count.
• Karlan v. The Fla. Int'l Univ. Bd. of Trs.
  927 So. 2d 91· Fla. 3d DCA· 2006-04-12
  The court held that the university did not act arbitrarily or in bad faith in dismissing the student from its master's program.
• Mahon v. U.S. Dep't of Agric.
  426 F. Supp. 2d 1283· M.D. Fla.· 2006-04-07
  The court affirmed the agency's denial of disaster relief benefits to John and Shelby Mahon, finding their crops were not for 'commercial sale' as required by federal regulations because they lacked state registration. The court also dismissed Paul Mahon's appeal for failure to e
• Hadi v. Liberty Behavioral Health Corp.
  927 So. 2d 34· Fla. 1st DCA· 2006-03-29
  Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
• Buonincontri v. Liberty Life Assur. Co. of Boston
  424 F. Supp. 2d 1302· M.D. Fla.· 2006-03-10
  The court granted summary judgment for the defendant, finding the plaintiff's disability predated her long-term disability coverage and was a pre-existing condition.
• Coastal Conservation Ass'n v. Gutierrez
  417 F. Supp. 2d 1304· M.D. Fla.· 2006-02-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that while plaintiffs were prevailing parties, the government's position was substantially justified, thus denying EAJA fees, but awarded limited costs for filing fees.
• IN & FOR THE NEW Castle Cnty. Alice Brenda Squire v. Bd. OF Educ. OF THE RED Clay Consol. Dist. Emp'r -
  Del. Super. Ct.· 2006-01-18
  The appellate court affirmed the hearing officer's decision upholding the termination of a tenured library/media specialist. The court found that the school district correctly used a teacher's performance appraisal form because the specialist's duties included teaching, and that
• Sierra Club v. United States Army Corps of Eng'rs
  399 F. Supp. 2d 1335· M.D. Fla.· 2005-11-10
  The court held that plaintiffs have shown a substantial likelihood of success on the merits regarding the Clean Water Act claims, finding the Corps likely issued a general permit that fails to comply with statutory requirements for similarity of activities and minimal environment
• Calmbacher v. Prudential Ins. Co. of Am.
  392 F. Supp. 2d 1364· M.D. Fla.· 2005-10-17
  The court held that the insurance policy did not grant Prudential express discretionary authority, thus requiring a de novo review of the denial of benefits.
• Featherston v. Metro. Life Ins.
  389 F. Supp. 2d 1302· N.D. Fla.· 2005-09-20
  The court held that the defendant insurance company's motion for summary judgment should be granted because the plaintiff failed to present sufficient evidence that she was disabled from all occupations under the terms of the ERISA plan.
• Williams v. Bd. of Trs. of the Int'l Longshoremen's Ass'n
  388 F. Supp. 2d 1353· S.D. Fla.· 2005-09-15
  The court held that the former wife was not entitled to the single death benefit because the plan language unambiguously excluded former spouses covered by a QDRO, and she failed to show detrimental reliance on any alleged misinterpretations.
• Blankenship v. SMITHkLINE Beecham Corp.
  395 F. Supp. 2d 1162· S.D. Fla.· 2005-09-06
  The court held that the defendant's motion for summary judgment is granted because the administrator's decision to terminate benefits was not arbitrary and capricious, even under a heightened standard, given the independent medical examination.
• Normil v. Colonial Life & Accident Ins.
  403 F. Supp. 2d 1159· S.D. Fla.· 2005-08-15
  The court held that the denial of benefits was not arbitrary and capricious because the insurer reasonably relied on information from the employer that the insured had terminated employment, and the insured's contrary claims were not part of the administrative record.
• Streit v. Guardian Life Ins. Co. of Am.
  374 F. Supp. 2d 1109· M.D. Fla.· 2005-06-24
  The court held that the defendant's denial of disability benefits lacked reasonable grounds under ERISA, as the policy covered disability onset while insured, not the date treatment began, and the evidence supported the plaintiff's claimed disability commencement date.
• Porter v. Smithkline Beecham Corp.
  373 F. Supp. 2d 1306· M.D. Fla.· 2005-05-31
  The court held that the defendant's interpretation of the plan granting it authority to request an independent medical examination during the appeals process was reasonable, and the plaintiff's refusal to submit to such an examination justified the termination of her long-term di
• Sierra Club, Inc. v. Leavitt
  393 F. Supp. 2d 1263· N.D. Fla.· 2005-05-31
  The court held that the EPA's approval of Florida's 303(d) list was not arbitrary and capricious, as the agency reasonably applied its guidance and regulations.
• Corkill v. Hartford Life & Accident Ins.
  435 F. Supp. 2d 1192· N.D. Fla.· 2005-04-28
  The court held that the defendant's denial of disability benefits was not wrong, as the plaintiff failed to provide satisfactory proof of continued disability based on objective evidence.
• Baker v. Hartford Life & Accident Ins. Co.
  371 F. Supp. 2d 1352· M.D. Fla.· 2005-04-21
  The court held that the plan administrator's denial of long-term disability benefits was not wrong, as it was based on a reasonable interpretation of the plan and the evidence presented.
• Harman v. Cont'l Airlines
  371 F. Supp. 2d 1377· S.D. Fla.· 2005-04-21
  Continental Stevedoring & Terminals, Inc. appealed a second final judgment, arguing the trial court failed to follow a prior appellate mandate regarding a buy-sell offer and non-compete provision in their joint venture agreement.
• Bird v. Eastman Kodak Co.
  390 F. Supp. 2d 1117· M.D. Fla.· 2005-04-04
  The court held that the plan administrator's denial of benefits was not arbitrary and capricious, as the participant failed to meet the plan's requirements for changing his contingent annuitant.
• Hallford v. Metro. Life Ins.
  367 F. Supp. 2d 1353· N.D. Fla.· 2005-03-11
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as it was based on substantial evidence and a reasonable interpretation of the plan's terms.
• Dowling v. Metro. Life Ins.
  355 F. Supp. 2d 1311· M.D. Fla.· 2004-12-28
  The court held that the defendant's termination of long-term disability benefits was not arbitrary and capricious, as it was supported by reasonable grounds and medical opinions.
• Rosser-Monahan v. Avon Prods., Inc.
  143 F. Supp. 492· M.D. Fla.· 2004-11-18
  The court held that discovery in ERISA cases applying the arbitrary and capricious standard should not be limited solely to the administrative record, but can include other facts known to the administrator.