Arbitrary and Capricious

3,786 Florida cases classified under this topic, plus 448 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Foust v. Int'l Bhd. OF Elec. Workers
  572 F.2d 710· 10th Cir.· 1978-03-06 ·cited 32×·via Arbitrary And Capricious Action
  The court held that the jury instructions on the duty of fair representation were proper and that there was sufficient evidence to support the verdict, but remanded for reconsideration of the punitive damages award.
• 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.
• Blackhawk Heating & Plumbing Co. v. Driver
  433 F.2d 1137· D.C. Cir.· 1970-05-19 ·cited 32×
  A disappointed bidder has standing to challenge an agency's arbitrary or capricious action in denying a government contract, and such challenges can be resolved through summary judgment if no genuine issues of material fact exist.
• 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.
• Overseas Media Corp. v. McNAMARA
  385 F.2d 308· D.C. Cir.· 1967-10-03 ·cited 32×
  The court held that the Secretary of Defense's denial of access to military newsstands for a newspaper publisher raises justiciable issues and is not wholly insulated from judicial review.
• 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.
• Nat'l Labor Relations Bd. v. J. W. REX Co.
  243 F.2d 356· 3d Cir.· 1957-04-10 ·cited 32×·via Arbitrary And Capricious Action
  The court held that a company cannot refuse to bargain with a certified union based on changes occurring shortly after certification, especially when the company agreed to the Regional Director's final decision on election matters.
• Bregar v. Britton
  75 So. 2d 753· Fla.· 1954-09-03 ·cited 32×
  Britton sought a declaratory decree to compel issuance of a building permit for a drive-in theater after county zoning authorities first rezoned his agricultural property to commercial but then rescinded that rezoning following citizen protests. The Florida Supreme Court affirmed
• United States v. Hartman
  209 F.2d 366· 2d Cir.· 1954-01-08 ·cited 32×
  The court held that the National Selective Service Appeal Board's classification of the appellant as I-A was arbitrary and capricious, lacking a basis in fact, rendering the induction order a nullity.
• City OF W. Palm Beach v. State
  158 Fla. 863· Fla.· 1947-05-06 ·cited 32×
  The City of West Palm Beach appealed a mandamus order compelling it to issue a building permit that it had denied. The Florida Supreme Court affirmed the mandamus judgment, holding that the ordinance provision requiring new buildings to "substantially equal" adjacent buildings in
• 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.
• Adams v. Avondale Indus., Inc.
  905 F.2d 943· 6th Cir.· 1990-06-15 ·cited 31×
  The court held that the Limited Severance Plan validly amended the unwritten severance plan, precluding severance benefits, but Avondale's vacation pay obligation had vested and was not discharged by Trinity.
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  789 F.2d 1128· 5th Cir.· 1986-05-14 ·cited 31×
  The court held that the Federal Energy Regulatory Commission (FERC) fundamentally misconstrued this Court's prior decision in Pennzoil by misapplying the Order 23 presumption and failing to properly construe contract language under state law.
• Am. Fed'n of Labor & Cong. of Indus. Orgs. v. Donovan
  757 F.2d 330· D.C. Cir.· 1985-03-22 ·cited 31×
  The court held that the Department of Labor violated the Administrative Procedure Act's notice and comment requirements when it adopted a regulation defining 'in the United States' based on a 'significant or substantial' standard without adequate notice. However, the court affirm
• Peckham v. Bd. OF Trs. OF the Int'l Bhd. OF Painters & Allied Trades Union & Indus. Nat'l Pension Fund
  653 F.2d 424· 10th Cir.· 1981-05-12 ·cited 31×
  The Pension Fund's denial of benefits to self-employed individuals who were also employers and signatories to collective bargaining agreements was not arbitrary or capricious under ERISA.
• Groos Nat'l Bank & Clinton Manges v. Comptroller OF the Currency
  573 F.2d 889· 5th Cir.· 1978-05-26 ·cited 31×
  The court held that the district court lacked jurisdiction to entertain a declaratory judgment action challenging the validity of a 1973 agreement between a bank and the Comptroller, as such actions are barred by 12 U.S.C. § 1818(i) except as provided within the administrative re
• McGHEE v. Draper
  564 F.2d 902· 10th Cir.· 1977-10-03 ·cited 31×·via Arbitrary And Capricious Action
  The court held that the trial court erred in directing a verdict against the plaintiff on her liberty interest claim, as the evidence could support a finding that the school board's actions imposed a stigma foreclosing future employment opportunities. The court also found that pr
• Udall v. Washington
  398 F.2d 765· D.C. Cir.· 1968-06-12 ·cited 31×
  The court held that the Secretary of the Interior's regulations restricting commercial bus use on the George Washington Memorial Parkway were not arbitrary or capricious and had a rational basis, reversing the lower court's decision to invalidate them.
• State v. Stein
  133 Fla. 530· Fla.· 1938-07-20 ·cited 31×
  The Florida Supreme Court upheld the State Racing Commission's authority to adopt Rule 34(a), which prohibited horse racing except between noon and 7 P.M., even though this prevented a permittee from conducting night racing. The court held that the Commission's rulemaking power t
• Nat'l Wildlife Fed'n v. Hanson
  859 F.2d 313· 4th Cir.· 1988-10-14 ·cited 30×
  The court affirmed the award of attorneys' fees to NWF under the Clean Water Act, finding them a prevailing party, but vacated the fee computation based on current rates, remanding for recalculation using historic rates.
• Dep't OF Transp. v. Fortune Fed. Sav. & Loan Ass'n
  532 So. 2d 1267· Fla.· 1988-08-18 ·cited 30×
  The Florida Supreme Court upheld the constitutionality of section 337.27(3), which permits the Department of Transportation to condemn an entire parcel of land even when only part is needed for a public project, if doing so costs less than condemning only the needed portion. The
• Gaines v. The Amalgamated Ins. Fund
  753 F.2d 288· 3d Cir.· 1985-01-23 ·cited 30×
  The court held that the Trustees' interpretation of the pension plan, requiring eligibility for Social Security disability benefits within nine months of termination of employment, is a reasonable and permissible interpretation.
• Bennie Stewart, Jr. v. Thigpen
  730 F.2d 1002· 5th Cir.· 1984-04-30 ·cited 30×
  A prisoner's failure to move for a directed verdict on certain claims at trial precludes him from raising the sufficiency of the evidence for those claims on appeal, and jury verdicts will be upheld if supported by substantial evidence.
• Alascom, Inc. v. Fed. Commc'ns Comm'n & United States
  727 F.2d 1212· D.C. Cir.· 1984-02-17 ·cited 30×
  The court held that the challenges to the FCC's order regarding Digital Electronic Message Service (DEMS) were not ripe for judicial review because they presented abstract disagreements rather than concrete controversies.
• Villa View Cmty. Hosp., Inc. v. Heckler
  720 F.2d 1086· 9th Cir.· 1983-11-21 ·cited 30×
  The court held that the Secretary's disallowance of Medicare reimbursement for Villa View's amortization of land use costs lacked a rational basis and was unsupported by substantial evidence.
• State OF S.C. ex rel. Leslie E. Tindal v. Block
  717 F.2d 874· 4th Cir.· 1983-09-09 ·cited 30×
  The court held that the Secretary of Agriculture complied with the Administrative Procedure Act in implementing a milk deduction program and that the authorizing legislation is constitutional.
• Prof'l Drivers Council v. Bureau OF Motor Carrier Safety
  706 F.2d 1216· D.C. Cir.· 1983-04-26 ·cited 30×
  The court affirmed the Secretary of Transportation's decision not to amend truck driver hours-of-service regulations, finding the termination of rulemaking and denial of a petition to recommence proceedings were not arbitrary or capricious.
• State Farm Mut. Auto. Ins. Co. v. Dep't OF Transp.
  680 F.2d 206· D.C. Cir.· 1982-06-01 ·cited 30×
  The court held that the agency's rescission of a safety standard was arbitrary and illogical, lacking reasoned decisionmaking.
• Nepco Mun. Rate Comm. & the Elec. Dep'ts & Plants of Ashburnham v. Fed. Energy Regulatory Comm'n
  668 F.2d 1327· D.C. Cir.· 1981-10-15 ·cited 30×
  The court held that FERC permissibly excluded unamortized expenditures for cancelled projects from the rate base, allowed recovery over time, and properly treated investment tax credit funds by assigning them the overall rate of return.
• Nw. Airlines, Inc. v. Goldschmidt
  645 F.2d 1309· 8th Cir.· 1981-04-02 ·cited 30×
  The court held that the Secretary of Transportation had the statutory authority to issue Special Federal Aviation Regulation 43 (SFAR 43) to allocate airport slots for efficient airspace utilization, and that the regulation was not arbitrary, capricious, or procedurally flawed.
• Baker v. Bell
  630 F.2d 1046· 5th Cir.· 1980-11-17 ·cited 30×
  The court held that the district court correctly applied the 'special efforts' standard under the UMT Act, but erred in limiting the Section 504 claims to review of the administrative record, remanding for further consideration of those claims.
• Argo-Collier Truck Lines Corp. & Refrigerated Transp. Co., Inc. v. The United States & the Interstate Commerce Comm'n
  611 F.2d 149· 6th Cir.· 1979-12-13 ·cited 30×
  The court held that the ICC's decision to grant Watkins Motor Lines a common carrier certification was not supported by substantial evidence and was arbitrary and capricious.
• Nat'l Indus. Sand Ass'n v. Marshall
  601 F.2d 689· 3d Cir.· 1979-05-16 ·cited 30×
  The court held that the Secretary of Labor's training regulations under the Mine Act were a reasonable and statutorily authorized exercise of rulemaking power, and that the definitions of 'operator' and 'miner' were not arbitrary or capricious.
• Couch Constr. Co., Inc. v. Dep't OF Transp.
  361 So. 2d 172· Fla. 1st DCA· 1978-06-16 ·cited 30×·via Arbitrary And Capricious Action
  Couch Construction challenges the Florida Department of Transportation's rejection of all bids (including Couch's apparent low bid) for an Interstate 10 paving contract in Gadsden County. The court reverses and remands, holding that while agencies have discretion to reject bids,
• Warner S. Kelly and Samuel S. Parras v. Lou V. Brewer
  525 F.2d 394· 8th Cir.· 1975-11-19 ·cited 30×·via Arbitrary And Capricious Action
  The court held that while administrative segregation is permissible, prolonged confinement requires meaningful periodic review by prison administrators, and the district court erred in imposing a specific plan that removed discretion from the Warden.
• Boyle v. The United States
  515 F.2d 1397· Ct. Cl.· 1975-05-14 ·cited 30×
  The court held that the dismissal of the two historians was not arbitrary, capricious, or unsupported by substantial evidence, and the administrative proceedings were not procedurally defective.
• Young v. United States
  498 F.2d 1211· 5th Cir.· 1974-08-15 ·cited 30×
  The court held that the plaintiff is entitled to judicial review of his discharge under the Administrative Procedure Act, as his employment interest was protected by the Fifth Amendment's due process clause.
• Commonwealth OF Pa. v. Env't Prot. Agency
  500 F.2d 246· 3d Cir.· 1974-06-28 ·cited 30×
  The court held that the Administrator's requirement for an air bleed retrofit program in Allegheny County was arbitrary and capricious due to lack of factual support, but the program for Philadelphia was permissible. The court also found that the Clean Air Act allows federal enfo
• Scheelhaase v. Woodbury Cent. Cmty. Sch. Dist.
  488 F.2d 237· 8th Cir.· 1973-11-28 ·cited 30×
  The court held that the school board's decision to terminate a teacher's contract, even if based on an erroneous interpretation of student test scores, was not arbitrary and capricious and thus did not violate substantive due process.