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

• Nat'l Labor Relations Bd. v. Monticello Cedar Co., Inc.
  429 F.2d 580· 9th Cir.· 1970-06-24
  The court held that the company's allegations of irregularities in the election did not constitute arbitrary or capricious conduct by the Regional Director, thus the Board's order would be enforced.
• Myers v. The United States
  416 F.2d 1302· Ct. Cl.· 1969-10-17
  The Secretary of the Navy's decision to place a servicemember on the Permanent Disability Retired List, despite a finding of fitness by the Physical Evaluation Board, was not arbitrary, capricious, or contrary to law.
• Gen. Dynamics Corp. v. The United States
  410 F.2d 404· Ct. Cl.· 1969-05-16
  The court held that the plaintiff was not entitled to recover housing project costs because they were not specifically included as allowable costs in the contract and there was substantial evidence supporting the Board's finding that such costs were unreasonable.
• Am. Bank & Tr. Co. v. Saxon
  373 F.2d 283· 6th Cir.· 1967-02-28
  The State appealed a decision reversing a conviction and granting a new trial, which was based on the District Court's holding that the trial court denied the appellee his right to waive counsel and conduct his own defense.
• Ass'n of Fair Competitive Practices in Air Conditioning, Inc. v. Pub. Serv. Comm'n of the Dist. of Columbia
  372 F.2d 934· D.C. Cir.· 1967-02-02
  The court held that the appellant lacked standing to challenge the utility's rate application and that the Commission's decision was supported by substantial evidence.
• Zwang v. Udall
  371 F.2d 634· 9th Cir.· 1967-01-10
  The court held that the Secretary of the Interior's determination that the Land Office's April 3, 1963 action constituted a protest, tolling the two-year patent entitlement period, was not arbitrary or capricious.
• The First Hardin Nat'l Bank & the Farmers Bank of Vine Grove v. Fort Knox Nat'l Bank
  361 F.2d 276· 6th Cir.· 1966-05-26
  The court held that the Comptroller's determination that Fort Knox is part of Hardin County for the purposes of the Kentucky Banking Act is a factual finding supported by substantial evidence and thus affirmed the lower court's decision.
• Ass'n FOR the Pres. OF the 1700 Block OF N St. v. Duke
  356 F.2d 344· D.C. Cir.· 1966-01-27
  The court held that the Zoning Commission's action was supported by substantial evidence and had a substantial relation to the public welfare, thus affirming the District Court's grant of summary judgment.
• State v. Farrell
  25 Fla. Supp. 120· Dade Cty. Cir. Ct.· 1965-07-02
  The court held that the ordinance is not invalid for uncertainty or arbitrariness, and the record supports the convictions.
• NEW York Foreign Freight Forwarders & Brokers Ass'n, Inc. v. Fed. Mar. Comm'n & United States
  337 F.2d 289· 2d Cir.· 1964-10-14
  The court held that the challenged Federal Maritime Commission regulations were reasonable and consistent with the authority granted by the Shipping Act and the Freight Forwarder Law, serving to prevent abuses and promote fair practices in the industry.
• Novak v. R.R. Ret. Bd.
  323 F.2d 867· 7th Cir.· 1963-10-04
  The court held that the Railroad Retirement Board's decision denying unemployment benefits was not arbitrary, capricious, or unsupported by substantial evidence.
• E. C. HAY & Sons, Inc. v. Burrows
  315 F.2d 427· 9th Cir.· 1963-03-28
  The court held that a field of Austrian winter peas with volunteer wheat that matured constituted excess wheat acreage under applicable regulations, and the classification was not arbitrary or capricious.
• Rounsaville OF Louisville, Inc. v. Fed. Commc'ns Comm'n
  314 F.2d 280· D.C. Cir.· 1963-02-21
  The court held that the FCC properly applied its rules in denying an application for expanded broadcast facilities due to objectionable interference, even if a literal application of one calculation method would yield an anomalous result.
• Bilanow v. The United States
  309 F.2d 267· Ct. Cl.· 1962-11-07
  The court affirmed the agency's decision, finding its method of calculating retention credits was not arbitrary or capricious, despite a later implemented system that would have prevented the plaintiff's termination.
• Simone Scozzari v. Rosenberg
  302 F.2d 592· 9th Cir.· 1962-01-26
  The court held that the administrative denial of a record of admission for permanent residence was supported by substantial evidence and not arbitrary or capricious.
• Guinan v. Fed. Commc'ns Comm'n
  D.D.C.· 1961-12-07
  The court held that the Federal Communications Commission did not act arbitrarily or capriciously in denying a waiver of its 10% rule, and thus properly denied the appellant's application for a construction permit.
• Foller v. Winfred Overholser
  292 F.2d 732· D.C. Cir.· 1961-05-04
  The court held that the mandatory commitment statute for individuals found not guilty by reason of insanity is constitutional, and the superintendent's refusal to certify release was not arbitrary or capricious.
• Helena TV, Inc. v. Fed. Commc'ns Comm'n
  277 F.2d 88· D.C. Cir.· 1960-02-18
  The court held that the Commission's action in postponing the effective dates of broadcast grants pending a protest hearing was supported by the record and within its statutory authority.
• Harold Friedman in Bankr. for the Gerico Inv. Co. v. Fed. Commc'ns Comm'n
  263 F.2d 493· D.C. Cir.· 1959-01-29
  The court held that assigning a new VHF channel to Miami does not constitute a modification of Gerico's UHF license, and an appeal under § 402(b) is dismissed for lack of jurisdiction.
• Beachview Broad. Corp. v. Fed. Commc'ns Comm'n
  262 F.2d 688· D.C. Cir.· 1958-09-18
• Jogindar Singh Clair v. Barber
  258 F.2d 558· 9th Cir.· 1958-06-23
  The court held that the Board of Immigration Appeals' denial of suspension of deportation was not arbitrary or capricious.
• Klein v. Fed. Commc'ns Comm'n
  232 F.2d 73· D.C. Cir.· 1956-02-02
  The court held that the Federal Communications Commission did not act arbitrarily or beyond its statutory authority in denying appellant's application for radio facilities.
• Zitron Bros., Inc. v. Reconstr. Fin. Corp.
  201 F.2d 515· Emer. Ct. App.· 1953-02-03
  The court held that the Reconstruction Finance Corporation (RFC) was not arbitrary or capricious in its determination regarding subsidy payments, and that the challenged regulations were valid.
• Starkey v. Directors of Reconstr. Fin. Corp.
  193 F.2d 1017· Emer. Ct. App.· 1952-02-01
  The court held that the respondent's actions in invalidating subsidy claims for lack of a quota base and recomputing other claims based on proper classification were within its statutory authority and not arbitrary or unlawful.
• Daranowich v. Land
  186 F.2d 386· 2d Cir.· 1951-01-15
  The court held that the plaintiff failed to prove the seaman's death was directly occasioned by warlike operations, thus not covered by the policy.
• Longmoor Corp. v. Creedon
  162 F.2d 747· Emer. Ct. App.· 1947-06-11
  The court adheres to its prior opinion, finding the Administrator's conclusion that no peculiar circumstances materially affected rents was not arbitrary and was supported by substantial evidence.
• Calumet Broad. Corp. v. Fed. Commc'ns Comm'n
  160 F.2d 285· D.C. Cir.· 1947-03-10
  The court held that the Commission's denial of the broadcasting license was not arbitrary or capricious, as the applicant's officers demonstrated a willingness to deceive the Commission through evasive and contradictory statements regarding financial matters and stock ownership.
• Parkleigh Fashions, Inc. v. Porter
  157 F.2d 599· Emer. Ct. App.· 1946-10-22
  The court held that the regulation's requirement for authorization before using an amended pricing chart is arbitrary and capricious, and therefore invalid.
• Liew Fat v. Carmichael
  118 F.2d 1009· 9th Cir.· 1941-04-16
  The court held that the Board of Special Inquiry's finding that the claimed relationship was not established was not arbitrary or capricious, despite discrepancies in testimony.