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

• IN & FOR Sussex Cnty. Ellen B. Lynch v. C.A. No. 2266-S THE City OF Rehoboth Beach
  Del. Ch.· 2004-10-08
  The court affirmed the city's rezoning decision, finding that the plaintiffs did not demonstrate a violation of due process and that the commissioners' actions were not arbitrary or capricious. The court denied the plaintiffs' motion for summary judgment and granted the city's mo
• Smith v. Reliance Standard Life Ins.
  350 F. Supp. 2d 993· S.D. Fla.· 2004-09-09 ·via Heightened Arbitrary And Capricious Standard Of Review
  The court held that the insurer's denial of long-term disability benefits was wrong because the plaintiff was unable to perform the material duties of his regular occupation, and the insurer's interpretation of the policy terms was unreasonable.
• Ridge v. Hartford Life & Accident Ins.
  339 F. Supp. 2d 1323· M.D. Fla.· 2004-08-12
  The court granted Plaintiff's motion for summary judgment and denied Defendant's motion, finding that the denial of long-term disability benefits was improper.
• Mazzacoli v. Cont'l Cas. Co.
  322 F. Supp. 2d 1376· M.D. Fla.· 2004-06-22
  The court held that limited discovery outside the administrative record is appropriate to determine the standard of review, as issues regarding the delegation of discretionary authority and the actual decision-maker remain unclear.
• O'Reardon v. Principal Life Ins.
  301 F. Supp. 2d 1323· M.D. Fla.· 2004-01-03
  The court held that the insurance policy's definition of 'hospital' unambiguously required the facility to be licensed as such by the state, and therefore, treatment at a facility not licensed as a hospital was not covered.
• Kirk v. Metro. Life Ins.
  331 F. Supp. 2d 1361· M.D. Fla.· 2003-07-22
  The court held that the denial of disability benefits was not arbitrary and capricious because there was a rational basis for the decision, supported by objective medical evidence and conflicting physician opinions within the administrative record.
• Shields & Co. v. Bright
  254 F. Supp. 2d 1253· M.D. Fla.· 2003-03-28
  The court held that the arbitration award was not procured by manifest disregard of the law or arbitrary and capricious decision, and thus denied the motion to vacate the award.
• Godwin v. Solutia, Inc.
  215 F. Supp. 2d 1291· N.D. Fla.· 2002-07-31
  The court held that the defendant's interpretation of the pension plan's interest rate application was reasonable and correct, entitling them to summary judgment.
• Sharick v. Se. Univ. OF THE Health Scis., Inc.
  780 So. 2d 142· Fla. 3d DCA· 2001-04-04
• At & T Commc'ns of S. States, Inc. v. GTE Fla., Inc.
  123 F. Supp. 2d 1318· N.D. Fla.· 2000-12-12
  The court held that the Florida Public Service Commission's decisions regarding pricing methodology, geographic deaveraging, terminating access charges, and combining network elements were largely upheld or remanded for further explanation, while also affirming the 'pick and choo
• W. Coast-Southern Med. Serv., Inc. v. Sarasota Cnty. Gov't Emergency Servs. Fire Dep't
  766 So. 2d 395· Fla. 2d DCA· 2000-08-11
  West Coast-Southern Medical Service appealed the dismissal of its petition challenging a contract award by the Sarasota County Public Hospital Board to the Fire Department for critical care ambulance services. The court reversed, holding that the trial court abused its discretion
• The Fla. Bar re John O. Williams
  718 So. 2d 773· Fla.· 1998-09-17
  John O. Williams challenged the Florida Bar's denial of his certification as a Board Certified Real Estate Lawyer after he failed the 1996 certification examination with a score of 65.08, below the passing score of 69.29. The Florida Supreme Court affirmed the Board of Governors'
• THE Fla. BAR re Victor D. Ines
  718 So. 2d 779· Fla.· 1998-09-17
  Victor Ines, a Florida attorney, challenged his denial of board certification in marital and family law after failing the certification examination twice. The Florida Supreme Court upheld the Board of Governors' decision, rejecting his arguments that the examination process was a
• Baker v. United States
  31 F. Supp. 2d 985· S.D. Fla.· 1998-09-09
  The court held that the Department of Labor's decision to prohibit an OSHA inspector from testifying was not arbitrary, capricious, or an abuse of discretion, as the plaintiff's need for the testimony did not outweigh the public policy concerns against it.
• Mayoral-Amy v. BHI Corp.
  158 F.R.D. 143· S.D. Fla.· 1998-06-29
  The court denied the motion to dismiss for insufficient service of process, granting the plaintiff additional time to properly effectuate service.
• McGrail & Rowley v. Babbitt
  986 F. Supp. 1386· S.D. Fla.· 1997-12-09
  The court held that the FWS's denial of MRI's permit application was not arbitrary or capricious, and that the FWS acted within its authority in regulating commercial use of refuge lands. The court also found that the FWS's actions regarding Pontin's notice of violation were not
• Rodriguez v. United States
  983 F. Supp. 1445· S.D. Fla.· 1997-09-17
  The court found that federal statutes regulating alien eligibility for benefits are subject to rational basis review, not strict scrutiny, due to Congress's plenary power over immigration.
• Lovermi v. Bellsouth Mobility, Inc.
  882 F. Supp. 1386· S.D. Fla.· 1997-04-18
  The court held that the plaintiff failed to state a prima facie case for sex discrimination under Title VII for both her transfer and nonapplication claims, warranting dismissal.
• Fla. Coll. of Bus. v. Accrediting Council for Indep. Colleges & Schs.
  954 F. Supp. 256· S.D. Fla.· 1996-12-23
  The court granted a preliminary injunction, remanding the case to the accrediting agency for further findings because the agency's decision to withdraw accreditation was not supported by substantial evidence.
• Associated Home Health Indus. of Fla., Inc. v. Agency for Health Care Admin.
  677 So. 2d 60· Fla. 1st DCA· 1996-07-12
  Florida appellate court affirmed that a home health services rule properly implements the statutory definition limiting regulated home health services to those provided by licensed agency personnel or under agency arrangement, rejecting the challenger's argument that plain statut
• Charles E. Burkett & Assocs., Inc. v. Dep't OF Transp.
  637 So. 2d 47· Fla. 5th DCA· 1994-05-13
  A Department of Transportation rule requiring minority and woman business owners to possess technical capability, knowledge, training, education, or experience to make decisions in critical areas of operation is valid because it is reasonably related to the legislative purpose of
• Sarasota Mem'l Hosp. v. Shalala
  741 F. Supp. 1019· M.D. Fla.· 1994-03-25
  The court held that the Secretary's classification of employer-paid employee FICA as a fringe benefit, and subsequent exclusion from wage index calculations, was a reasonable interpretation of existing regulations and not arbitrary or capricious.
• Pac. GAS Transmission Co. v. Fed. Energy Regulatory Comm'n
  998 F.2d 1303· 5th Cir.· 1993-08-26
  The court held that the Federal Energy Regulatory Commission (FERC) did not act arbitrarily or capriciously in amending pipeline companies' optional certificates to increase initial rates before service commenced, nor did it abuse its discretion in denying rehearing.
• GAS Appliance Mfrs. Ass'n, Inc. v. Dep't of Energy
  998 F.2d 1041· D.C. Cir.· 1993-07-27
  The court held that the Department of Energy's standby loss rules for water heaters were not in accord with statutory authority and were arbitrary and capricious because DOE failed to perform adequate cost-benefit analysis and justify its methodologies.
• Ordower v. Off. OF Thrift Supervision
  999 F.2d 1183· 7th Cir.· 1993-07-27
  The court held that while courts of appeals have exclusive jurisdiction to review the substance of an administrative agency's approval of a conversion, district courts retain jurisdiction to review the accuracy of proxy materials used to solicit depositor approval.
• JAY v. Sec'y OF the Dep't OF Health & Human Servs.
  998 F.2d 979· Fed. Cir.· 1993-07-13 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the special master erred in granting summary judgment for HHS and denying it for the petitioners, as the undisputed evidence established an encephalopathy and vaccine causation as a matter of law.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  998 F.2d 120· 2d Cir.· 1993-07-13
  The court upholds sanctions against a union negotiator based on a finding of collaboration with organized crime, despite the initial charge being mere association.
• Lewis v. Babbitt
  998 F.2d 880· 10th Cir.· 1993-07-12
  The court held that the National Park Service's decision to award the firewood concession permit to Firebox Inc. was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• NoDAK Bancorporation v. Clarke
  998 F.2d 1416· 8th Cir.· 1993-07-07
  The court held that the acquiring bank could treat minority shareholders differently than majority shareholders in a merger.
• Nat'l Parks & Conservation Ass'n v. Fed. Aviation Admin.
  998 F.2d 1523· 10th Cir.· 1993-07-07
  The court held that the BLM failed to provide adequate notice for a land plan amendment and that the FAA's determination of no significant noise impact on recreational users was arbitrary and capricious.
• Guillen-Garcia v. Immigr. & Naturalization Serv.
  999 F.2d 199· 7th Cir.· 1993-07-02
  The court held that the Board of Immigration Appeals (BIA) abused its discretion by relying exclusively on the petitioner's failure to admit guilt to determine rehabilitation, and remanded the case for reconsideration.
• Kendall v. Army Bd. for Corr. of Mil. Records
  996 F.2d 362· D.C. Cir.· 1993-06-25
  The majority improperly affirmed the Army Board for Correction of Military Records' (ABCMR) decision to deny Mr. Kendall's application as untimely without adequate reasoned explanation.
• Brumm v. Plan
  995 F.2d 1433· 8th Cir.· 1993-06-16
  The court held that the Plan's interpretation of 'a football injury' as requiring a single, identifiable injury was unreasonable and arbitrary, leading to an improper denial of Level 1 benefits.
• Wilkins v. Secretary OF the Interior
  995 F.2d 850· 8th Cir.· 1993-06-15
  The court held that the district court erred by substituting its judgment for the agency's and by making independent findings of fact, rather than reviewing the agency's decision under the arbitrary and capricious standard based on the administrative record.
• Miss. Poultry Ass'n, Inc. v. Madigan
  992 F.2d 1359· 5th Cir.· 1993-05-28
  The court held that the plain language of the Poultry Products Inspection Act requires imported poultry to meet the same inspection standards as domestic poultry, and the agency's interpretation of 'at least equal to' was not entitled to deference.
• Wilson v. United States Dep't OF Agric.
  991 F.2d 1211· 5th Cir.· 1993-05-27
  The court held that summary judgment for the FCIC was inappropriate due to genuine issues of material fact regarding notice requirements, but affirmed the dismissal of claims against the ASCS as their decision was not arbitrary or capricious.
• Mueller v. United States Env't Prot. Agency
  993 F.2d 1354· 8th Cir.· 1993-05-25
  The court held that the EPA's issuance of a hazardous waste incinerator permit was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• TEX TIN Corp. v. U.S. Env't Prot. Agency
  992 F.2d 353· D.C. Cir.· 1993-05-11
  The court held that the Environmental Protection Agency failed to provide adequate justification for listing Tex Tin's facility on the National Priorities List, specifically regarding the likelihood of arsenic-laden dust emissions from tin slag.
• Perry v. Dep't OF the Army
  992 F.2d 1575· Fed. Cir.· 1993-05-11
  The court held that the Army failed to demonstrate that its supervisor genuinely considered and evaluated Perry's qualifications for the promotion, thus violating the settlement agreement.
• M.M. Winter v. Interstate Commerce Comm'n
  992 F.2d 824· 8th Cir.· 1993-05-07
  The court held that the ICC is not required to review each section of the Rail Transport Policy to decide whether to grant or revoke an exemption, and that the ICC's findings regarding employee protective conditions were supported by substantial evidence.
• Sierra Club v. U.S. Env't Prot. Agency
  992 F.2d 337· D.C. Cir.· 1993-05-07
  The court should have ordered the EPA to apply the same numeric limits to co-disposed sludge as to monofilled sludge, as EPA provided no evidence that garbage reduces sludge pollution.
• Mapco Int'l Inc. v. Fed. Energy Regulatory Comm'n
  993 F.2d 235· Temp. Emer. Ct. App.· 1993-04-29
  The court held that the Department of Energy's 'layering rule' was procedurally valid and that its interpretation of the rule was reasonable and supported by substantial evidence, affirming the agency's Remedial Order.
• Nursing Ctr. OF Buckingham & Hampden, Inc. v. Shalala
  990 F.2d 645· D.C. Cir.· 1993-04-23
  The court held that the Secretary reasonably applied her guidelines in determining that the Agreement of Merger was not an "enforceable agreement" by the DEFRA cut-off date due to significant unfulfilled contingencies.
• Christianson v. Hauptman
  991 F.2d 59· 2d Cir.· 1993-04-14
  The court held that the National Park Service's decision to rescind the seaplane exemption for Robbins Rest was not arbitrary and capricious, and that judicial review was available.
• Consumer Fed'n OF Am. & United States Pub. Interest Research Grp. v. Consumer Prod. Safety Comm'n
  990 F.2d 1298· D.C. Cir.· 1993-04-09
  The court's opinion included dicta on a peripheral issue not properly before it, potentially misinterpreting cost-benefit analysis requirements.
• Anderson v. Operative Plasterers' & Cement Masons' Int'l Ass'n Local NO. 12 Pension & Welf. Plans
  991 F.2d 356· 7th Cir.· 1993-04-06
  The court held that the Pension Fund trustees had discretionary authority to determine disability benefits and that their denial of benefits was not unreasonable or arbitrary and capricious.
• Ethyl Corp. v. Browner
  989 F.2d 522· D.C. Cir.· 1993-04-06
  The court held that an erroneous denial of a waiver application does not trigger the automatic waiver provision for agency inaction.
• Ill. Bell Tel. Co. v. Fed. Commc'ns Comm'n & United States
  988 F.2d 1254· D.C. Cir.· 1993-04-02
  The court held that the FCC's methodology for determining the rate of return for interstate telephone services, using a classic Discounted Cash Flow (DCF) model applied to an original cost rate base, was not arbitrary, capricious, or confiscatory.
• Dodson v. United States Gov't
  988 F.2d 1199· Fed. Cir.· 1993-03-19
  The court held that the Army Board for Correction of Military Records erred in failing to correct clear legal errors and procedural violations that occurred during the process of barring the soldier from reenlistment and discharging him.
• Friends OF THE Payette v. Horseshoe Bend Hydroelectric Co.
  988 F.2d 989· 9th Cir.· 1993-03-19
  The court held that the Army Corps of Engineers' decision not to prepare an Environmental Impact Statement was not arbitrary and capricious, and affirmed the district court's dismissal of the action, reversing only on the issue of mootness regarding canal wetlands jurisdiction.