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

• Harris v. The United States
  640 F.2d 1309· Ct. Cl.· 1981-01-28
  The court held that the plaintiff's removal from his overseas position was procedurally sound and supported by substantial evidence, affirming the Civil Service Commission's decision.
• Makse v. United States Civil Serv. Comm'n
  634 F.2d 341· 6th Cir.· 1980-11-05
  The court held that the Civil Service Commission's dismissal of the employees' appeal as untimely was arbitrary and capricious, and the employees' reliance on a personnel specialist's assurance should excuse the delayed filing.
• Monongahela Power Co. v. United States & Interstate Commerce Comm'n
  633 F.2d 960· 4th Cir.· 1980-10-30
  The plain language of the order allows Monongahela Power Company to seek further relief from the Interstate Commerce Commission.
• Nebraska-Iowa Xpress, Inc. v. Interstate Commerce Comm'n & the United States
  646 F.2d 597· D.C. Cir.· 1980-10-24
  The court held that the Commission's decision to grant Film Transport's application to remove a weight restriction was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Gen. Motors Corp. v. Costle
  631 F.2d 466· 6th Cir.· 1980-10-16
  The court held that the Administrator's designations of Richland and Montgomery Counties as nonattainment areas for total suspended particulates were not arbitrary or capricious.
• Tackett & Schaffner, Inc. v. The United States
  633 F.2d 940· Ct. Cl.· 1980-07-16
  A disappointed bidder cannot recover if its bid was properly rejected as nonresponsive due to non-compliance with statutory limitations, even if the awarded bid was also potentially nonresponsive.
• Bd. of Supervisors of Henrico Cnty. v. Miller
  625 F.2d 1137· 4th Cir.· 1980-07-10
  The Secretary's method of calculating adjusted taxes by excluding dedicated funds not in the general fund was not arbitrary or capricious.
• Devine v. Metal Lathers' Local 46 Pension Funds
  626 F.2d 235· 2d Cir.· 1980-06-25
  The court held that the pension fund's 1977 amendment requiring two pension credits immediately preceding disability was not arbitrary or capricious as applied to the plaintiff.
• XXth Century Heating & Ventilating Co. v. The Dep't OF Energy
  618 F.2d 1· 6th Cir.· 1980-03-13
  The court held that the Department of Energy must reconsider its calculation of burner off-time in the annual fuel utilization efficiency model as applied to XXth Century's furnaces, as the current record does not demonstrate sufficient symmetry.
• OIL & GAS Futures v. Andrus
  610 F.2d 287· 5th Cir.· 1980-01-23
  The court held that the Secretary of the Interior did not abuse his discretion in interpreting a bid expressed as a decimal to represent a percentage.
• Blue & Grey Transit, Inc. v. United States & the Interstate Commerce Comm'n
  606 F.2d 437· 4th Cir.· 1979-09-19
  The court held that the Interstate Commerce Commission's general temporary order granting bus service authority was a valid exercise of its statutory power and not an abuse of discretion.
• Mont. Consumer Counsel & Mont. Dep't of Agric. v. United States & Interstate Commerce Comm'n
  607 F.2d 1226· 9th Cir.· 1979-08-17
  The court held that the ICC order requiring Montana intrastate freight rates to be raised to interstate levels was reviewable and supported by substantial evidence, as the intrastate rates constituted an unreasonable burden on interstate commerce.
• Cent. State Bank v. Bloom
  598 F.2d 264· D.C. Cir.· 1979-04-06
  The court held that the Comptroller should have addressed the de facto branch banking issue raised by ATS services, rather than deferring to the Federal Reserve Board, when approving the branch bank application.
• Home BOX Off., Inc. v. Fed. Commc'ns Comm'n & United States
  587 F.2d 1248· D.C. Cir.· 1978-09-20
  The court held that the FCC's decision to defer regulation of broadcaster exclusivity practices in favor of market forces and antitrust enforcement was a rational exercise of its discretion.
• Natural Res. Def. Council, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  580 F.2d 698· D.C. Cir.· 1978-07-03
  The court held that the enactment of the Nuclear Non-Proliferation Act of 1978 rendered the petitioners' challenge to the NRC's denial of an adjudicatory hearing moot, as the new Act provides the exclusive basis for hearings and does not require on-the-record hearings.
• Rutherford v. The United States
  573 F.2d 1224· Ct. Cl.· 1978-04-19
  The court held that the Secretary of the Navy's disability rating determination is not arbitrary, capricious, or unsupported by substantial evidence, and therefore will not be overturned.
• R-W Serv. Sys., Inc. v. The United States & the Interstate Commerce Comm'n
  580 F.2d 487· D.C. Cir.· 1978-02-27
  The court held that the Interstate Commerce Commission did not abuse its discretion by refusing to apply the 20% circuity rule to a carrier combining regular and irregular route authorities, nor was it impermissible to deny the extension of such regulations.
• The Nat'l Indep. Meat Packers Ass'n v. United States Env't Prot. Agency
  566 F.2d 41· 8th Cir.· 1977-11-10
  The court held that the EPA's effluent limitations regulations were not arbitrary or capricious and that their promulgation did not constitute an abuse of discretion, deferring to a prior Seventh Circuit decision.
• Project v. Fed. Commc'ns Comm'n & United States
  559 F.2d 237· 5th Cir.· 1977-09-14
  The court affirmed the FCC's decision that advertisements A-2 through A-5 did not violate the fairness doctrine by presenting only one side of a controversial issue.
• Johnson Serv. Co. v. Fla. Elec. Contractors Licensing Bd.
  347 So. 2d 808· Fla. 1st DCA· 1977-06-30
  The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
• Widner v. The United States
  556 F.2d 526· Ct. Cl.· 1977-05-18
  The court held that the Army's decision to discharge the plaintiff and deem him ineligible for immediate reenlistment was not legally erroneous, and his petition for recovery and correction of military records was dismissed.
• Manley Bros. v. United States & Interstate Commerce Comm'n
  553 F.2d 1032· 6th Cir.· 1977-04-29
  The court held that the Interstate Commerce Commission's decision approving the proposed multiple-car rate was supported by substantial evidence and had a rational basis.
• Lt. Col. Joseph B. Bergen v. The United States
  562 F.2d 1197· Ct. Cl.· 1977-04-20
  The court held that the plaintiff failed to meet the requirements of Air Force regulations for an "automatic" out-of-sequence promotion by the applicable deadlines, and thus the Air Force Board for the Correction of Military Records did not act arbitrarily or capriciously in deny
• Nat'l Citizens Comm. FOR Broad. v. Fed. Commc'ns Comm'n & United States
  555 F.2d 967· D.C. Cir.· 1977-04-05
  The court granted a limited stay of its mandate to avoid inconsistent treatment of broadcast licensees pending the FCC's certiorari petition, acknowledging the FCC's stated burden.
• Windsor Univ. v. Secretary OF Health
  550 F.2d 1203· 9th Cir.· 1977-03-29
  The court held that the Commissioner of Education has statutory authority to impose dollar and time limitations on Federal Insured Student Loan Program contracts and that the Commissioner did not act arbitrarily in imposing such limitations on Windsor University.
• Fredrickson Motor Express Corp. v. Interstate Commerce Comm'n & the United States
  546 F.2d 104· 5th Cir.· 1977-01-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission has the authority to approve tariff provisions that combine the weight of interstate and intrastate traffic for the purpose of assessing interstate freight charges, even though it cannot regulate intrastate rates directly.
• Gunnell Constr. Co., Inc. v. Dist. OF Columbia
  D.D.C.· 1977-01-28
  A quorum of the Contract Appeals Board must include at least one member with practical experience in government contract administration, not solely lawyers.
• Masaki Higa v. McLUCAS
  549 F.2d 152· 9th Cir.· 1977-01-27
  The court held that the Civil Service Commission did not abuse its discretion or act arbitrarily and capriciously in denying Higa's administrative appeal as untimely.
• Constancio Casares v. Knebel
  557 F.2d 826· D.C. Cir.· 1976-11-26
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the Secretary of Agriculture's wage determinations under the Sugar Act are generally not subject to judicial review.
• Gulf W. Precision Eng'g Co. v. The United States
  543 F.2d 125· Ct. Cl.· 1976-10-20
  The court held that the plaintiff assumed the risk of not meeting performance specifications when it deviated from advisory specifications, and therefore is not entitled to recover costs for rejected preproduction models.
• W. F. Hall Printing Co. v. Nat'l Labor Relations Bd.
  540 F.2d 873· 7th Cir.· 1976-09-01
  The National Labor Relations Board did not abuse its discretion by certifying a bargaining unit composed of offset and letter press production employees, packers, and ancillary groups.
• Cross v. United States
  538 F.2d 624· 4th Cir.· 1976-07-28
  The court held that the one-year disqualification from the food stamp program was not arbitrary and capricious, as the evidence supported findings of store policy violations and repeated non-compliance after warnings.
• Philadelphia Cmty. Cable Coal. v. Fed. Commc'ns Comm'n
  531 F.2d 1240· 3d Cir.· 1976-03-19 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court denied petitions to vacate FCC orders regarding cable television franchise transfers.
• Rosser v. Newman
  528 F.2d 1025· 5th Cir.· 1976-03-18
  The court held that the plaintiff failed to establish a prima facie case of due process violations or arbitrary and capricious agency action regarding his denied repromotions.
• United States v. Kennebec LOG Driving Co.
  530 F.2d 446· 1st Cir.· 1976-02-18
  The court held that Section 13 of the Rivers and Harbors Act of 1899 applies to log driving activities, rejecting arguments that such normal commercial navigation is implicitly exempted.
• Barton v. Lynn
  529 F.2d 189· 4th Cir.· 1975-09-30
  The court held that the Secretary's determination that sufficient standard housing was available for displaced low- and moderate-income families satisfied the Housing Act's requirements, even without new construction.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.
• ESP Fid. Corp. v. Dep't OF Hous. & Urban Dev.
  512 F.2d 887· 9th Cir.· 1975-03-06
  The court held that the appellant lacked standing, the doctrine of unclean hands applied, and the district court lacked jurisdiction to grant the requested relief.
• City OF Sunrise v. Inman
  307 So. 2d 860· Fla. 4th DCA· 1975-01-24
• Greensboro Television Co. v. Fed. Commc'ns Comm'n & United States
  502 F.2d 475· D.C. Cir.· 1974-08-16
  The court held that the FCC's refusal to approve a withdrawal agreement between a renewal applicant and a competing applicant, where the challenger sought reimbursement for expenses, was not arbitrary, especially after the policy statement relied upon was invalidated.
• Wilson v. The United States
  492 F.2d 1190· Ct. Cl.· 1974-02-20
  The court held that genuine factual disputes exist, precluding summary judgment for either party.
• Norcoast Constructors, Inc. v. The United States
  477 F.2d 929· Ct. Cl.· 1973-05-11
  The court affirmed the ASBCA's quantum decision, finding the award of $40,000 for the diesel fuel storage tank was supported by substantial evidence and in accordance with law.
• Junior Davis v. Tenn. Corp.
  271 So. 2d 216· Fla. 2d DCA· 1973-01-05
  Junior Davis sought disability retirement benefits under his employer's retirement plan, but the Retirement Board denied his application. The trial court granted summary judgment for the employer, and the appellate court affirmed, finding no genuine issue of material fact and no
• United States v. Sonny Brooks Degraffenreid
  471 F.2d 23· 2d Cir.· 1972-12-29
  A registrant cannot claim improper induction order based on minor or technical violations of Selective Service regulations by the local board.
• Serv. Elec. Cable TV v. Fed. Commc'ns Comm'n Taft Broad. Co.
  473 F.2d 104· D.C. Cir.· 1972-11-09
  The court held that the FCC's determination that expansion into a separately incorporated borough constituted expansion into 'another community' was not arbitrary or capricious and was consistent with prior interpretations of its rules.
• Nash v. Tobriner
  462 F.2d 314· D.C. Cir.· 1972-05-30
  The court held that the District of Columbia Commissioners' action in refusing to close alleys was neither arbitrary nor capricious, thus affirming the denial of damages.
• Plasterers Local Union NO. 79, Operative Plasterers' & Cement Masons' Int'l Ass'n, AFL-CIO v. Nat'l Labor Relations Bd.
  461 F.2d 1235· D.C. Cir.· 1972-03-08
  The court held that the National Labor Relations Board's determination regarding work assignment was neither arbitrary nor capricious and was supported by substantial evidence, thus it is valid.
• Jess S. Almeda v. The United States
  453 F.2d 1397· Ct. Cl.· 1972-01-21
  The court held that the agency head's decision not to pay overtime for voluntary training hours was not arbitrary, capricious, or contrary to law, and thus would not be overturned.
• Fishburn v. Gardner
  452 F.2d 1004· 3d Cir.· 1971-12-21
  The court held that the administrative decision denying disability benefits was supported by substantial evidence and not arbitrary or capricious.
• Charles T. Parker Constr. Co. & Pac. Concrete Co. v. The United States
  433 F.2d 771· Ct. Cl.· 1970-11-13
  The court held that the agency's decision denying the contractor's claim for changed conditions was supported by substantial evidence and correct as a matter of law, and therefore the contractor was not entitled to recover.