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

• Rombough v. Fed. Aviation Admin.
  594 F.2d 893· 2d Cir.· 1979-02-14 ·cited 34×
  The FAA's denial of an exemption from the Age 60 Rule and its policy of refusing all such exemptions is neither arbitrary nor capricious and is therefore affirmed.
• British Am. Commodity Options Corp. & Lloyd v. Bagley
  552 F.2d 482· 2d Cir.· 1977-04-04 ·cited 34×
  The court held that the Commodity Futures Trading Commission's new regulations for commodity options dealers were largely valid, reversing the district court's injunction against the segregation requirement but affirming the denial of other relief.
• Concerned Residents OF Buck Hill Falls v. Grant
  537 F.2d 29· 3d Cir.· 1976-06-01 ·cited 34×
  The court held that multi-dam watershed projects can be evaluated as a single unit for cost-benefit analysis under the Watershed Protection and Flood Prevention Act, and that the agency's interpretation of its own evaluation procedures is controlling if reasonable.
• Nat'l Welf. Rights Org. v. Mathews
  533 F.2d 637· D.C. Cir.· 1976-02-20 ·cited 34×
  The Secretary has the power to promulgate regulations specifying maximum resource limits, exemptions, and valuation methods for AFDC recipients, but the specific regulation at issue is invalid because it values property without regard to encumbrances, conflicting with the statute
• Union Elec. Co. v. Env't Prot. Agency
  515 F.2d 206· 8th Cir.· 1975-03-27 ·cited 34×
  The court held that economic and technological feasibility issues do not provide grounds for review under Section 307(b)(1) of the Clean Air Act Amendments, even if they arise after the initial 30-day review period.
• Sokoloff v. Saxbe
  501 F.2d 571· 2d Cir.· 1974-07-25 ·cited 34×
  The court suggests the Administrator give careful consideration to the petitioner's application for a new Schedule II certificate.
• Schlegel v. The United States
  416 F.2d 1372· Ct. Cl.· 1969-10-17 ·cited 34×
  The court's majority opinion, which the author concurs with in judgment only, is criticized for its discussion of a prior case regarding the removal of a federal employee for off-duty homosexual conduct.
• Weiss v. The United States
  408 F.2d 416· Ct. Cl.· 1969-03-14 ·cited 34×
• Taylor v. United States Civil Serv. Comm'n
  374 F.2d 466· 9th Cir.· 1967-03-09 ·cited 34×
  The court held that the expungement of criminal convictions under state law does not prevent their consideration as evidence of misconduct for federal employment dismissal, and the dismissal was not arbitrary or capricious.
• Old Colony Bondholders v. New York
  161 F.2d 413· 2d Cir.· 1947-01-13 ·cited 34×
  The court held that the Commission's Sixth Supplemental Report and Order were valid, and the district court's approval of the reorganization plan was proper, despite the lack of further hearings after remand.
• Nat'l Labor Relations Bd. v. Prudential INS. Co. OF Am. (two cases)
  154 F.2d 385· 6th Cir.· 1946-04-01 ·cited 34×
  The court held that the National Labor Relations Board's refusal to immediately revoke a prior bargaining unit certification, despite later finding a larger unit appropriate, was not arbitrary or capricious, as certifications are entitled to a reasonable period of stability.
• Consol. Water Power & Paper Co. v. Bowles
  146 F.2d 492· Emer. Ct. App.· 1944-12-06 ·cited 34×
  The court held that Maximum Price Regulation No. 451 was invalid as applied because it discriminated against products of equal quality by failing to provide for their listing, thereby imposing an unfair competitive handicap.
• Madison Park Corp. v. Bowles
  140 F.2d 316· Emer. Ct. App.· 1943-12-27 ·cited 34×
  The court held that the Price Administrator lawfully established maximum rents based on April 1, 1941, prices, even if it prevented 'normal' rent increases, as the Emergency Price Control Act aimed to prevent inflation.
• Salmeron-Salmeron v. Warden Bill Spivey
  926 F.3d 1283· 11th Cir.· 2019-06-13 ·cited 33×
  The court held that the improper inclusion of irrelevant documents in the administrative record and its subsequent supplementation were harmless errors, and that USCIS's decision not to exercise jurisdiction over the asylum claim was rational and not arbitrary or capricious.
• Lifecare Int'l v. CD Med., Inc.
  68 F.3d 429· 11th Cir.· 1995-11-07 ·cited 33×
  CD Medical challenged an arbitration award in favor of Lifecare International on two grounds: that arbitrator Craig Stein was biased due to nondisclosures, and that the award was arbitrary and capricious. The Eleventh Circuit affirmed the district court's confirmation of the awar
• Luby v. Teamsters Health
  944 F.2d 1176· 3d Cir.· 1991-09-20 ·cited 33×
  The court held that de novo review applies to ERISA plan administrator's fact-based beneficiary determinations unless the plan expressly grants discretion, and that such review is not limited to the evidence before the administrator. The court also held that restitution of mistak
• Sofarelli v. Pinellas Cnty.
  931 F.2d 718· 11th Cir.· 1991-04-29 ·cited 33×
  The court held that Sofarelli stated a claim under the Fair Housing Act against the neighbors, but not against the county or sheriff. The court also held that § 1983 claims against all parties failed.
• Geyen v. Marsh
  775 F.2d 1303· 5th Cir.· 1985-11-05 ·cited 33×
  The court held that Geyen's claim challenging his activation and hardship discharge denials is barred by the six-year statute of limitations, but his claim challenging the Army Board for Correction of Military Records' decision is not time-barred or barred by laches.
• Lloyd Noland Hosp. & Clinic v. Heckler
  762 F.2d 1561· 11th Cir.· 1985-06-12 ·cited 33×
  The court held that the Secretary's malpractice insurance premium rule was promulgated in violation of the Administrative Procedure Act (APA) because it was arbitrary and capricious, lacking a reasoned basis and adequate notice. The court affirmed the district courts' invalidatio
• Lukas E. Hoska, III v. United States Dep't OF THE Army
  677 F.2d 131· D.C. Cir.· 1982-04-30 ·cited 33×
  The court held that the Merit Systems Protection Board's decision affirming the revocation of petitioner's security clearance was not supported by substantial evidence.
• Commodity Futures Trading Comm'n v. Hunt
  591 F.2d 1211· 7th Cir.· 1979-01-08 ·cited 33×
  The court held that the speculative limit regulation was valid and that the Hunts violated it, reversing the denial of injunctive relief and remanding the disgorgement issue.
• DYE v. United States Parole Comm'n
  558 F.2d 1376· 10th Cir.· 1977-08-02 ·cited 33×
  The court held that the Parole Board's denial of parole was not arbitrary and capricious, and the district court correctly denied the habeas corpus petition.
• George and Mary Daly v. Volpe
  514 F.2d 1106· 9th Cir.· 1975-03-20 ·cited 33×
  The court held that the Environmental Impact Statement (EIS) for the Interstate 90 segment was procedurally adequate under NEPA, and the district court did not err in dissolving the injunction.
• Jacobs v. City OF Lawrence
  927 F.2d 1111· 10th Cir.· 1991-03-05 ·cited 32×
  The court held that the appellants failed to state a claim for procedural due process, equal protection, or substantive due process, and that the city was immune from antitrust liability under the state action doctrine.
• Int'l Bhd. of Elec. Workers v. Interstate Commerce Comm'n & the United States
  862 F.2d 330· D.C. Cir.· 1988-11-25 ·cited 32×
  The ICC has the statutory authority to review arbitration awards concerning employee protective conditions, and its decision to do so in this case was not arbitrary or capricious.
• Edwards v. State Farm Mut. Auto. Ins. Co.
  851 F.2d 134· 6th Cir.· 1988-06-29 ·cited 32×
  The court held that the Retirement Committee's denial of disability benefits was arbitrary and capricious because it relied on the full plan's definition of 'date of disablement' rather than the misleading summary plan description and subsequent assurances provided to the employe
• The United States Dep't OF Navy & Philadelphia Naval Shipyard v. Fed. Labor Relations Auth.
  840 F.2d 1131· 3d Cir.· 1988-03-02 ·cited 32×
  The court held that a federal agency must provide a union with the names and home addresses of bargaining unit members, as this disclosure is necessary for collective bargaining and not prohibited by the Privacy Act.
• Am. Horse Prot. Ass'n, Inc. v. Lyng
  812 F.2d 1· D.C. Cir.· 1987-02-24 ·cited 32×
  The court held that the Secretary of Agriculture's refusal to institute rulemaking proceedings to revise regulations under the Horse Protection Act was not adequately explained and was potentially arbitrary and capricious.
• Trustees FOR Alaska v. Hodel
  806 F.2d 1378· 9th Cir.· 1986-12-23 ·cited 32×
  The dissenting judge believes the 1002 report is not a 'study process' requiring extensive public comment procedures under NEPA.
• Blackwood v. Immigr. & Naturalization Serv.
  803 F.2d 1165· 11th Cir.· 1986-11-10 ·cited 32×
  The court affirmed the Board of Immigration Appeals' decision to reverse the grant of discretionary relief from deportation, finding the equities presented did not outweigh the seriousness of the drug trafficking conviction.
• S. Pac. Transp. Co. & St. Louis Sw. Ry. Co. v. Interstate Commerce Comm'n & United States
  736 F.2d 708· D.C. Cir.· 1984-05-22 ·cited 32×
  The court affirmed the Interstate Commerce Commission's approval of railroad consolidations, finding its decision consistent with the public interest, except for one issue remanded for further proceedings.
• ST. Francis Hosp. Ctr. v. Heckler
  714 F.2d 872· 7th Cir.· 1983-08-12 ·cited 32×
  The court held that nonproprietary hospitals are not entitled to reimbursement for a return on equity capital under the Medicare Act, as Congress did not intend for such costs to be considered 'reasonable costs' for these providers.
• Mem'l Hosp. v. Heckler
  706 F.2d 1130· 11th Cir.· 1983-06-06 ·cited 32×
  Hospitals are not entitled to Medicare reimbursement for patient telephone services, as they are personal comfort items, nor for Hill-Burton free care costs due to recent legislation disallowing such reimbursement.
• Ismene M. Kalaris v. Donovan
  697 F.2d 376· D.C. Cir.· 1983-01-04 ·cited 32×
  The court held that the Secretary of Labor can remove members of the Benefits Review Board at his discretion, as the Board is not an Article III court and the Act does not provide for removal only for cause.
• J. H. Rose Truck Line, Inc. v. Interstate Commerce Comm'n & United States
  683 F.2d 943· 5th Cir.· 1982-08-27 ·cited 32×
  The court held that the ICC's order granting Herman a certificate of public convenience and necessity was supported by substantial evidence and was not arbitrary or capricious, and that the ICC adequately articulated its reasoning.
• Ambach v. Bell
  686 F.2d 974· D.C. Cir.· 1982-08-17 ·cited 32×
  The court held that the Secretary's decision to use 1970 census data for fund allocation was not arbitrary or capricious, and the preliminary injunction was improperly granted.
• Hayes v. United States Gov't Printing Off.
  684 F.2d 137· D.C. Cir.· 1982-07-30 ·cited 32×
  Determinations by the MSPB in mixed cases of discrimination and nondiscrimination must be reviewed initially by the district court, not the court of appeals.
• Gipson v. Veterans Admin. & the United States
  682 F.2d 1004· D.C. Cir.· 1982-07-13 ·cited 32×
  The court affirmed the Merit Systems Protection Board's decision, finding the proceedings were not procedurally infirm, the charges were supported by substantial evidence, and the removal was not an excessive punishment or improperly motivated.
• Nat'l Labor Relations Bd. v. Permanent Label Corp.
  657 F.2d 512· 3d Cir.· 1981-06-30 ·cited 32×
  The court held that the established rule requiring the NLRB to articulate detailed factors justifying a Gissel bargaining order over a new election is an unwarranted assumption of authority by the court and impedes national labor policy.
• Assure Competitive Transp., Inc. v. United States & Interstate Commerce Comm'n
  635 F.2d 1301· 7th Cir.· 1980-12-30 ·cited 32×
  The court held that the Interstate Commerce Commission's policy statement modifying criteria for motor common carrier certificates was lawful, not arbitrary or capricious, and did not violate environmental or energy laws.
• Humboldt Express, Inc. v. Interstate Commerce Comm'n & United States
  567 F.2d 1134· D.C. Cir.· 1977-12-16 ·cited 32×
  The court held that the Interstate Commerce Commission failed to adequately explain its basis for approving the transfer of operating rights, requiring remand.
• Swain v. Brinegar
  517 F.2d 766· 7th Cir.· 1975-04-29 ·cited 32×
  The court held that the Environmental Impact Statement (EIS) was not void ab initio due to an unlawful delegation of authority, as the gathering of information for the EIS could be delegated to state agencies.
• Dozier v. United States
  473 F.2d 866· 5th Cir.· 1973-02-14 ·cited 32×
  The court held that the district court properly granted summary judgment because there were no genuine issues of material fact regarding procedural due process, and the administrative record supported the termination.
• The Citizens Ass'n OF Georgetown, Inc. v. Zoning Comm'n OF the Dist. OF Columbia
  477 F.2d 402· D.C. Cir.· 1973-02-06 ·cited 32×
• Bookman v. The United States
  453 F.2d 1263· Ct. Cl.· 1972-01-21 ·cited 32×
  The Civil Service Commission possessed the inherent power to reconsider its initial decision within a reasonable time, and its amended decision was not arbitrary, capricious, or unsupported by substantial evidence.
• S. S. Kresge Co. v. Nat'l Labor Relations Bd.
  416 F.2d 1225· 6th Cir.· 1969-10-15 ·cited 32×
  The court held that Kresge and its licensees are joint-employers and that the store-wide unit is appropriate, affirming the Board's order to bargain. However, it denied enforcement for Acme's independent Section 8(a)(5) violation due to lack of notice.
• Newport News Shipbuilding & Dry Dock Co. v. The United States
  374 F.2d 516· Ct. Cl.· 1967-03-17 ·cited 32×
  The contractor failed to prove the Board erred in determining that the profit was fair and reasonable, thus not entitling them to an upward price adjustment.
• City OF Lawrence v. Civil Aeronautics Bd.
  343 F.2d 583· 1st Cir.· 1965-04-09 ·cited 32×
  The court held that the agency's decision should not be reversed, as it was adequately supported and not legally erroneous.
• Seele v. United States
  133 F.2d 1015· 8th Cir.· 1943-02-23 ·cited 32×
  The court held that the Selective Service Boards' classification of the appellant was not subject to judicial review as arbitrary or capricious, and that the trial court properly excluded evidence attempting to challenge the Boards' findings.
• Celestine Pierre and the Estate of James Nolan Pierre, Jr. v. Conn. Gen. Life Ins. Company/Life Ins. Co. of N. Am.
  932 F.2d 1552· 5th Cir.· 1991-06-18 ·cited 31×
  The court held that the *Firestone Tire & Rubber Co. v. Bruch* decision does not mandate de novo review for factual determinations made by ERISA plan administrators; an abuse of discretion standard is appropriate.