Arbitrary and Capricious

3,777 Florida cases classified under this topic · sorted by citation count

• Burroughs Corp. v. The United States
  617 F.2d 590· Ct. Cl.· 1980-03-19 ·cited 22×
  A disappointed offeror is not entitled to bid preparation costs when the government's actions, even if containing irregularities, were not arbitrary and capricious, especially in a negotiated procurement with broad contracting officer discretion.
• ABC Liquors, Inc. v. City OF Ocala
  366 So. 2d 146· Fla. 1st DCA· 1979-01-16 ·cited 22×
  ABC Liquors challenged a City of Ocala ordinance that prohibited retail sale of alcoholic beverages anywhere in the city unless specifically authorized by a special city ordinance. The court held that such a regulatory scheme violates due process and equal protection because it g
• Nat'l Treas. Emps. Union v. Campbell
  589 F.2d 669· D.C. Cir.· 1978-11-14 ·cited 22×
  The court held that the district court erred in dismissing claims for lack of jurisdiction and that the Federal Employees Health Benefits Act, specifically 5 U.S.C. § 8912, provides jurisdiction for suits challenging rates negotiated under the Act. It also held that summary judgm
• Amos Tomlin v. Bd. OF Trs. OF the Constr. Laborers Pension Tr. FOR S. Cal. & the Constr. Laborers Pension Tr. for S. Cal.
  586 F.2d 148· 9th Cir.· 1978-11-13 ·cited 22×
  The court held that the Trustees' denial of pro rata disability pensions was not arbitrary and capricious, as they acted in good faith with a sufficient factual foundation and substantial evidence.
• Oppenheim v. Campbell
  571 F.2d 660· D.C. Cir.· 1978-01-09 ·cited 22×
• Nat'l Labor Relations Bd. v. Chicago Health & Tennis Clubs, Inc.
  567 F.2d 331· 7th Cir.· 1977-12-02 ·cited 22×
  The court held that the Board's determination of a single store as an appropriate bargaining unit was unreasonable for Saxon Paint due to high integration and lack of manager autonomy, but reasonable for Chicago Health Clubs due to greater manager autonomy and lack of bargaining
• Off. OF Commc'n OF the United Church OF Christ v. Fed. Commc'ns Comm'n & United States
  560 F.2d 529· 2d Cir.· 1977-08-05 ·cited 22×
  The court held that the FCC's order changing the threshold for requiring broadcast stations to submit written equal employment opportunity (EEO) programs was arbitrary and capricious because the agency failed to provide a rational and explicit justification for the policy change.
• Granite City Steel Co. v. Env't Prot. Agency
  501 F.2d 925· 7th Cir.· 1974-08-22 ·cited 22×
  The court held that the company's petition to review the EPA's interim compliance schedule was untimely and that the dates were not arbitrary or capricious.
• Cooper Labs., Inc. v. Comm'r, Fed. Food & Drug Admin.
  501 F.2d 772· D.C. Cir.· 1974-04-19 ·cited 22×
  The court held that the FDA's withdrawal of Protamide's new drug application approval was proper because the submitted evidence did not constitute substantial evidence of efficacy, and summary procedures were appropriate.
• Lowenstern v. Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio
  479 F.2d 1211· D.C. Cir.· 1973-05-21 ·cited 22×
  The court held that the Pension Plan Administrators' interpretation of 'employed' was not arbitrary and capricious, thus upholding their denial of vested benefits.
• Nat'l Labor Relations Bd. v. Staiman Bros.
  466 F.2d 564· 3d Cir.· 1972-08-15 ·cited 22×
  The court held that the regional director acted arbitrarily and denied due process by refusing to grant a hearing on the employee's eligibility to vote, given the critical nature of his ballot and the prima facie evidence of total disability.
• Nor-Am Agric. Prods., Inc. v. Hardin
  435 F.2d 1151· 7th Cir.· 1970-11-09 ·cited 22×
• Elec. & Missile Facilities, Inc. v. The United States
  416 F.2d 1345· Ct. Cl.· 1969-10-17 ·cited 22×
  The court held that the Board's downward adjustments for non-compaction and overhead/profit on fill material were arbitrary and unsupported by evidence, requiring further administrative proceedings. The Board's denial of recovery for utility damages was also not final, necessitat
• First-Citizens Bank & Tr. Co. v. Camp
  409 F.2d 1086· 4th Cir.· 1969-04-03 ·cited 22×
  The Comptroller is bound by state law criteria for branch bank approval, and his findings approving branch bank openings were supported by substantial evidence.
• Ne. Broad., Inc. v. Fed. Commc'ns Comm'n
  400 F.2d 749· D.C. Cir.· 1968-07-19 ·cited 22×
  The court affirmed the grant of Naugatuck's application, finding the Commission could rationally accept the explanation for the applicant's high power.
• Jozef Sikora v. Brenner
  379 F.2d 134· D.C. Cir.· 1967-05-08 ·cited 22×
  The court held that the District Court had jurisdiction to review the Patent Office's refusal to permit an amendment to patent claims, even if the underlying claims were unpatentable.
• Robert F. Simmons & Assocs. v. The United States
  360 F.2d 962· Ct. Cl.· 1966-05-13 ·cited 22×
  A disappointed bidder cannot recover bid preparation costs when the government rejects all bids due to a new statutory requirement, absent allegations of bad faith, favoritism, or arbitrary action.
• Cherrin Corp. v. Nat'l Labor Relations Bd.
  349 F.2d 1001· 6th Cir.· 1965-08-13 ·cited 22×
  The court held that the National Labor Relations Board's determination to exclude an employee from a bargaining unit based on special status, even if related to family ties, is permissible if supported by reasonable grounds, and the court will not overturn such findings absent th
• DEW v. Najeeb E. Halaby
  317 F.2d 582· D.C. Cir.· 1963-03-28 ·cited 22×
  The court held that permanent civil service workers can be fired for pre-employment acts unrelated to their government service.
• Cal. OIL Co. v. Fed. Power Comm'n
  315 F.2d 652· 10th Cir.· 1963-03-28 ·cited 22×
  The Federal Power Commission has the authority to condition a certificate of public convenience and necessity with an initial price lower than the contract price if the proposed price is not in the public interest.
• Nat'l Labor Relations Bd. v. E & B Brewing Co., Inc.
  276 F.2d 594· 6th Cir.· 1960-04-05 ·cited 22×
  The National Labor Relations Board cannot establish a new rule that exclusive hiring hall agreements are per se illegal through adjudication when the validity of the hiring hall was not at issue, nor can it apply such a new rule retroactively to invalidate existing agreements wit
• Town OF BAY Harbor Islands v. Burk
  114 So. 2d 225· Fla. 3d DCA· 1959-08-18 ·cited 22×
  The appellate court held that the evidence was insufficient to support the trial court's finding that the zoning ordinance was invalid as applied to the plaintiffs' property.
• Jewell v. United States
  208 F.2d 770· 6th Cir.· 1953-12-22 ·cited 22×
  The court held that the National Selective Service Appeal Board's classification of appellants as 1-A was arbitrary, capricious, and without basis in fact, and that there was no basis for denying ministerial exemption.
• Cont'l OIL Co. v. United States
  184 F.2d 802· 9th Cir.· 1950-10-16 ·cited 22×
  The court held that the Secretary of the Interior lacked the authority to unilaterally set minimum values for crude oil royalties under the leases, but that lessees were obligated to pay royalties based on the actual market value, which the trial court correctly determined to be
• Booth Fisheries Corp. v. Bowles
  153 F.2d 449· Emer. Ct. App.· 1946-02-13 ·cited 22×
  The court held that the Maximum Price Regulation 579 is arbitrary and capricious because it discriminates against the complainant's inland wholesale branches by prohibiting them from charging prices permitted to competing independent inland wholesalers.
• Marshall Field & Co. v. Nat'l Labor Relations Bd.
  135 F.2d 391· 7th Cir.· 1943-04-20 ·cited 22×
  The dissenting judge believes the Board's order should be enforced because its findings are supported by evidence and its procedure did not violate the statute.
• Nw. Elec. Co. v. Fed. Power Comm'n
  125 F.2d 882· 9th Cir.· 1942-02-13 ·cited 22×
  The court held that the Federal Power Commission has the authority to prescribe a system of accounts for public utilities, and its determination of what constitutes necessary or appropriate accounting practices is subject to judicial review only for reasonableness.
• Diamond R. Fertilizer & Seibels Bruce Grp. v. Davis
  567 So. 2d 451· Fla. 1st DCA· 1990-08-30 ·cited 21×
  Diamond R. Fertilizer and its workers' compensation carrier appealed a permanent total disability award to Jimmy Davis, a former employee who developed a neurological condition allegedly from workplace exposure to toxic chemicals. The appellate court reversed and remanded, findin
• Env't Def. Fund v. Env't Prot. Agency & Lee M. Thomas
  852 F.2d 1316· D.C. Cir.· 1988-07-29 ·cited 21×
  The EPA's decision to withdraw its proposed reinterpretation of the Bevill Amendment's mining waste exclusion, without further refinement, was arbitrary and capricious, as it left six hazardous smelter wastes unregulated and reinstated an overbroad interpretation of the exclusion
• Grier v. Secretary OF the Army
  799 F.2d 721· 11th Cir.· 1986-09-19 ·cited 21×
  A federal employee must exhaust administrative remedies by filing a discrimination charge with the agency before suing under Title VII, and agency hiring decisions are reviewed under the APA for arbitrary or capricious action, not de novo.
• Commonwealth OF Pa. v. United States
  781 F.2d 334· 3d Cir.· 1986-01-06 ·cited 21×
  States are strictly liable for financial losses from erroneous food stamp benefit issuances, but federal agencies cannot assess interest on such debts without specific statutory authorization.
• Dep't of Health & Rehabilitative Servs. v. Wright
  439 So. 2d 937· Fla. 1st DCA· 1983-10-11 ·cited 21×
  The dissent argues that alleged inadequacies in an economic impact statement do not invalidate a rule unless they rise to the level of material procedural errors that impair fairness or correctness.
• Pub. Power Council v. Johnson
  674 F.2d 791· 9th Cir.· 1982-04-13 ·cited 21×
  The court held that discovery should proceed at this stage, allowing the merits panel to ultimately decide the scope of the administrative record.
• Hester Maggard v. O'Connell
  671 F.2d 568· D.C. Cir.· 1982-02-12 ·cited 21×
  The court held that the district court's review of the trustees' denial of retirement benefits was inadequate, requiring a remand for more careful and explicit consideration of the evidence.
• Nat'l Wildlife Fed'n v. Costle
  629 F.2d 118· D.C. Cir.· 1980-07-02 ·cited 21×
  The court held that the EPA's revised regulations, which established less stringent restrictions for dredged wastes compared to nondredged materials, were not unlawful. However, the court found that the issue of whether the Corps' site designations constituted APA rulemaking was
• Paccar, Inc. v. Nat'l Hwy. Traffic Safety Admin. & Dep't of Transp.
  573 F.2d 632· 9th Cir.· 1978-04-17 ·cited 21×
  The court held that the stopping distance requirements of Motor Vehicle Safety Standard No. 121 were not reasonable or practicable when implemented due to unforeseen problems with antilock braking systems and inadequate agency testing.
• Cross-Sound Ferry Servs., Inc. v. The United States & Interstate Commerce Comm'n
  573 F.2d 725· 2d Cir.· 1978-03-13 ·cited 21×
  The court held that the Interstate Commerce Commission (ICC) acted within its discretion in granting Maseony Transport and Ferry Service, Inc. a conditional certificate of public convenience and necessity, and that the petitioners' challenges based on procedural irregularities, e
• Cuff v. Gleason
  515 F.2d 127· 2d Cir.· 1975-04-15 ·cited 21×
  The court held that it lacked federal subject matter jurisdiction over the dispute concerning the denial of a disability pension from a jointly administered labor-management trust fund.
• Nw. Airlines, Inc. v. AIR Line Pilots Ass'n
  373 F.2d 136· 8th Cir.· 1967-02-23 ·cited 21×
  The court held that the System Board of Adjustment's award of reinstatement is final and binding, and the district court correctly denied a de novo review of this portion of the award.
• The City OF Miami v. Walker
  169 So. 2d 842· Fla. 3d DCA· 1964-12-15 ·cited 21×
  The court held that a valid ordinance, properly enacted under police power, cannot be declared invalid as to a specific parcel based on evidence that second-guesses the city's policy decisions.
• Cmty. Nat'l Bank OF Pontiac v. Saxon
  310 F.2d 224· 6th Cir.· 1962-11-26 ·cited 21×
  The court held that the Comptroller's determination that an area constituted a 'village' under Michigan law was a factual finding that, if reasonably supported by substantial evidence and not arbitrary or capricious, was conclusive and not subject to de novo review.
• BIG Bend Hospice, Inc. v. Agency FOR Health Care Admin. & Covenant Hospice, Inc.
  904 So. 2d 610· Fla. 1st DCA· 2005-06-20 ·cited 20×
  Big Bend Hospice challenged two final orders from the Agency for Health Care Administration (AHCA) concerning the fixed need pool for hospices in service area 2B and the issuance of a Certificate of Need to Covenant Hospice. The court affirmed both orders and clarified the standa
• Bluestein v. Skinner
  908 F.2d 451· 9th Cir.· 1990-07-10 ·cited 20×
  The court held that the FAA's regulations requiring random drug testing of certain aviation employees do not violate the Fourth Amendment or the Administrative Procedure Act.
• Johnson v. Enron Corp.
  906 F.2d 1234· 8th Cir.· 1990-06-21 ·cited 20×
  The court held that the denial of the plaintiff's request to rescind his early retirement election was not arbitrary and capricious, and he was not eligible for severance benefits because he was not involuntarily terminated.
• Anny Newman v. Commonwealth OF Mass.
  884 F.2d 19· 1st Cir.· 1989-08-28 ·cited 20×
  Defendants are entitled to qualified immunity on the procedural and substantive due process claims because their actions did not violate clearly established law. However, defendant Burgin is not entitled to immunity on state tort claims due to potential malice.
• Amisub (PSL), Inc. v. The State OF Colo. Dep't OF Soc. Servs.
  879 F.2d 789· 10th Cir.· 1989-07-11 ·cited 20×
  The court held that Colorado's Medicaid reimbursement rates violated federal law both procedurally and substantively, and that Medicaid providers have enforceable rights under 42 U.S.C. § 1983.
• Mich. Citizens FOR AN Indep. Press v. Thornburgh
  868 F.2d 1285· D.C. Cir.· 1989-01-27 ·cited 20×
  The dissenting judge argues that the Attorney General improperly approved a Joint Operating Agreement (JOA) for the Detroit Free Press and Detroit News, and that the case should be remanded for reconsideration.
• Golden Pac. Bancorp v. Clarke
  837 F.2d 509· D.C. Cir.· 1988-01-26 ·cited 20×
  The court held that the appellant's claim for damages against the government is barred by the discretionary function exception to the Federal Tort Claims Act, as the Comptroller's actions involved policy judgments.
• City OF Brookings Mun. Tel. Co. v. Fed. Commc'ns Comm'n & United States
  822 F.2d 1153· D.C. Cir.· 1987-07-07 ·cited 20×
  The court held that the FCC's approval of NECA's modified reimbursement system was arbitrary and capricious because NECA's proposal lacked sufficient justification and data, and the FCC failed to adequately address these flaws.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & the United States
  821 F.2d 741· D.C. Cir.· 1987-06-26 ·cited 20×
  The court held that the FCC failed to provide a reasoned basis for eliminating children's television commercialization guidelines but adequately justified its relaxation of program logging requirements.