Arbitrary and Capricious

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

• Nat'l Coal. Against THE Misuse OF Pesticides v. Thomas
  809 F.2d 875· D.C. Cir.· 1987-01-16 ·cited 20×
  The court held that the EPA acted arbitrarily and capriciously by relying on foreign economic impact without adequately considering statutorily mandated health and food supply factors, and by reversing its position on health risks without sufficient explanation.
• Naekel v. Dep't OF Transp.
  782 F.2d 975· Fed. Cir.· 1986-01-17 ·cited 20×
  The court held that the agency failed to prove by a preponderance of the evidence that the employee knowingly supplied false information with the intent to defraud, and that the Merit Systems Protection Board's decision sustaining the removal was unsupported by substantial eviden
• Cent. States Enters., Inc. v. Interstate Commerce Comm'n & United States
  780 F.2d 664· 7th Cir.· 1985-12-23 ·cited 20×
  The court affirmed the Interstate Commerce Commission's decision denying Central States Enterprises' request for reciprocal switching and joint use of terminal services, finding the Commission acted within its authority and applied the correct legal standards.
• Local 32, Am. Fed'n OF Gov't Emps., AFL-CIO v. Fed. Labor Relations Auth.
  774 F.2d 498· D.C. Cir.· 1985-10-11 ·cited 20×
  The court held that the Federal Labor Relations Authority's orders, which deemed proposals defining the competitive area for Reduction-in-Force (RIF) implementation non-negotiable, must be vacated due to apparent inconsistencies with prior FLRA precedent.
• Chambless v. Masters
  772 F.2d 1032· 2d Cir.· 1985-08-28 ·cited 20×
  The court held that the pension plan amendment was arbitrary and capricious because it was not adopted in the interest of plan participants and beneficiaries and therefore declared it a nullity. The court also found that the amendment, when combined with the wage-related benefit
• Cmty. Hosp. OF Roanoke Valley v. Health & Human Servs.
  770 F.2d 1257· 4th Cir.· 1985-08-26 ·cited 20×
  The court held that the Secretary's labor/delivery room accounting policy is irrational and contrary to Medicare law, but remanded for the Secretary to present evidence on whether maternity patients incur higher routine costs.
• Turner v. CF & I Steel Corp. & Non-Contributory Pension Plan of CF & I Steel Corp. & the Pension Plan of CF & I Steel Corp. & Program of Ins. Benefits For Emps. of CF & I Steel Corp. Outside of Collective Bargaining Units
  770 F.2d 43· 3d Cir.· 1985-08-14 ·cited 20×
  Beneficiaries suing a plan trustee for pension benefits under ERISA § 502(a)(1)(B) are not entitled to a jury trial, as such claims are considered equitable in nature.
• Bedford Med. Ctr. v. Heckler
  766 F.2d 321· 7th Cir.· 1985-07-01 ·cited 20×
  The court held that the Secretary's disallowance of excess physical therapy costs, interest expense on borrowed funds for a debt service reserve, and physician recruiting costs were not arbitrary, capricious, or contrary to law.
• La. Wildlife Fed'n, Inc. v. York
  761 F.2d 1044· 5th Cir.· 1985-05-31 ·cited 20×
  The court held that plaintiffs failed to meet their burden of proof to show that the Corps acted unreasonably in not preparing a supplemental EIS.
• State v. Jenkins
  469 So. 2d 733· Fla.· 1985-04-04 ·cited 20×
  The Florida Supreme Court affirmed the dismissal of charges against Perry Lamar Jenkins, the Suwannee County property appraiser, holding that Florida Statute section 839.25(1)(a), which criminalizes official misconduct through knowingly refraining from performing a duty imposed b
• Humana OF Aurora, Inc. v. Heckler
  753 F.2d 1579· 10th Cir.· 1985-02-11 ·cited 20×
  The court held that the Malpractice Rule was an arbitrary and capricious exercise of the Secretary's informal rulemaking powers because the underlying study was flawed and did not support the rule's premises.
• NEW York State Comm'n ON Cable Television v. Fed. Commc'ns Comm'n & United States
  749 F.2d 804· D.C. Cir.· 1984-11-30 ·cited 20×
  The FCC's preemption of state and local entry regulation of Satellite Master Antenna Television (SMATV) systems is within its statutory authority and was a reasonable exercise of that authority.
• Black v. Interstate Commerce Comm'n & United States
  737 F.2d 643· 7th Cir.· 1984-06-15 ·cited 20×
  The court held that the ICC's calculation of lost coal revenues was arbitrary and capricious because it deviated from its own regulations and relied on an unconsummated sale. The court also found that the ICC should have considered a shipper's second offer of financial assistance
• Arkla Exploration Co. & State of Ark. v. Tex. OIL & GAS Corp.
  734 F.2d 347· 8th Cir.· 1984-05-07 ·cited 20×
  The court should not substitute its judgment for the Secretary's if there is a rational basis for the administrative action.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  732 F.2d 703· 9th Cir.· 1984-05-03 ·cited 20×
  The court held that the Federal Labor Relations Authority did not abuse its discretion in denying a status quo ante make-whole remedy for the implementation of new work shifts, as the Authority's distinction between new and modified shifts was reasoned and supportable.
• SUN Towers, Inc. v. Heckler
  725 F.2d 315· 5th Cir.· 1984-02-21 ·cited 20×
  The court held that the Secretary's decision to disallow stock maintenance costs was timely, reversing the district court on that issue, but affirmed the district court's judgment regarding other disallowed costs and returns on equity.
• Nat'l Cable Television Ass'n, Inc. v. Copyright Royalty Tribunal
  724 F.2d 176· D.C. Cir.· 1983-12-30 ·cited 20×
  The Copyright Royalty Tribunal did not abuse its discretion in adjusting compulsory licensing rates for cable television operators in response to FCC deregulation, as its determinations were reasonable and adequately explained.
• Ga. Pub. Serv. Comm'n v. United States & Interstate Commerce Comm'n
  704 F.2d 538· 11th Cir.· 1983-05-02 ·cited 20×
  The court held that the ICC's decision to permit abandonment of the railroad line was not supported by substantial evidence and was arbitrary and capricious, as the record did not adequately support findings regarding alternative transportation and impact on rural development.
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  702 F.2d 111· 7th Cir.· 1983-03-14 ·cited 20×
  The court held that state railroad commissions exercising jurisdiction under the Staggers Act must adhere to the Interstate Commerce Commission's consistent rulings regarding average demurrage agreements.
• W. Coal Traffic League & its Members v. United States & Interstate Commerce Comm'n
  694 F.2d 378· 5th Cir.· 1982-12-08 ·cited 20×
  The court held that the Interstate Commerce Commission's rule allowing evidence of product and geographic competition in determining market dominance did not violate statutory limits and was valid.
• The Conn. Fund FOR the Env't, Inc. v. Env't Prot. Agency
  696 F.2d 169· 2d Cir.· 1982-12-01 ·cited 20×
  The court held that the EPA's approval of Connecticut's amended sulfur-in-fuel regulation was not arbitrary, capricious, or contrary to law, and that the agency's pollutant-specific approach to reviewing State Implementation Plans was reasonable.
• United States v. Victory Hwy. Vill., Inc.
  662 F.2d 488· 8th Cir.· 1981-10-28 ·cited 20×
  The court held that the United States was entitled to judicial foreclosure on the mortgage due to undisputed default, and that equitable grounds cited by the lower court were insufficient to deny foreclosure.
• H. K. Porter Co., Inc. v. Metro. Dade Cnty.
  650 F.2d 778· 5th Cir.· 1981-07-17 ·cited 20×
  The appeal is dismissed as moot because the government contract at issue has been awarded to another party, rendering the requested relief impossible to grant.
• Recording Indus. Ass'n OF Am. v. Copyright Royalty Tribunal & the United States
  662 F.2d 1· D.C. Cir.· 1981-06-23 ·cited 20×
  The Copyright Royalty Tribunal acted within its authority in adjusting the royalty rate and setting an effective date, but exceeded its authority by mandating annual interim rate adjustment proceedings.
• Farmland Indus., Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 208· 7th Cir.· 1981-03-03 ·cited 20×
  The court held that the ICC's policy statement allowing consideration of opportunity costs in railroad abandonment decisions was a valid policy statement, not a new rule, and was within the ICC's statutory authority and not arbitrary or capricious.
• Rowell v. Andrus
  631 F.2d 699· 10th Cir.· 1980-10-06 ·cited 20×
  The dissenting judge believes a second notice was adequately provided, even if the final rule appeared in the Federal Register slightly late, because the filing date and prior notice of the proposed rule satisfied statutory requirements.
• NEW York Tel. Co. v. Fed. Commc'ns Comm'n & the United States
  631 F.2d 1059· 2d Cir.· 1980-09-17 ·cited 20×
  The FCC had jurisdiction over local exchange service when used in connection with interstate FX and CCSA services, and could properly forbid NYT from collecting a discriminatory charge pursuant to a state-filed tariff.
• Am. Optometric Ass'n v. Fed. Trade Comm'n
  626 F.2d 896· D.C. Cir.· 1980-02-06 ·cited 20×
  The court held that the Supreme Court's decision in Bates v. State Bar of Arizona altered the nature of the case, requiring remand of most sections of the FTC rule for further FTC consideration.
• Dravo Corp. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  613 F.2d 1227· 3d Cir.· 1980-01-14 ·cited 20×
  The court held that the OSHA shipbuilding regulations do not, by their express terms, apply to a structural shop like Dravo's, and set aside that part of the commission's order holding the shop subject to those standards.
• Baker v. Otis Elevator Co.
  609 F.2d 686· 3d Cir.· 1979-11-13 ·cited 20×
  The court held that ERISA § 206(a) does not apply retroactively to employees who voluntarily left employment before the statute's effective date, as supported by Treasury regulations and the principle of prospective application.
• Lawyer A. Adkins v. Hampton
  586 F.2d 1070· 5th Cir.· 1978-12-26 ·cited 20×
  The court held that the Postal Service did not violate its own regulations in discharging Adkins, and his dismissal was valid.
• Husky OIL Co. v. Dep't OF Energy & James R. Schlesinger
  582 F.2d 644· Temp. Emer. Ct. App.· 1978-08-10 ·cited 20×
  The court held that the Department of Energy (DOE) erred in applying the Delta standard to Husky Oil Company's exception relief application by considering its production profits and imposing a negative historical profit margin, which was not supported by substantial evidence and
• Pac. Legal Found. v. Costle
  586 F.2d 650· 9th Cir.· 1978-08-09 ·cited 20×
  The court held that it has jurisdiction to review the EPA's extension of an NPDES permit, and that the extension was invalid due to the lack of an adequate opportunity for a public hearing.
• Prellwitz v. Loyal J. Berg and James Mathews
  578 F.2d 190· 7th Cir.· 1978-06-26 ·cited 20×
  The court held that the admission of hearsay evidence and the notice provided for the probation revocation hearing did not violate the petitioner's due process rights.
• Rueda v. Seafarers Int'l Union OF N. Am., AFL-CIO
  576 F.2d 939· 1st Cir.· 1978-05-16 ·cited 20×
  The court held that the trustees' interpretation of the pension plan's eligibility requirements was not arbitrary and capricious, and therefore should not be disregarded.
• Ford Motor Co. v. United States Env't Prot. Agency
  567 F.2d 661· 6th Cir.· 1977-12-06 ·cited 20×
  The EPA's veto of a permit modification allowing flow augmentation to meet water quality standards was justified because flow augmentation is not an authorized method under the FWPCA and Michigan's water quality standards.
• The Chesapeake & Ohio Ry. Co. & the Baltimore & Ohio R.R. Co. v. The United States & The Interstate Commerce Comm'n
  571 F.2d 1190· D.C. Cir.· 1977-10-19 ·cited 20×
  The court held that the Interstate Commerce Commission's clarification of its 1962 merger order regarding employee protection was not arbitrary or capricious, despite potentially ambiguous language in the appendix.
• Albert v. Honorable John Chafee
  571 F.2d 1063· 9th Cir.· 1977-07-29 ·cited 20×
• Coye Peterson v. The Okla. City Hous. Auth.
  545 F.2d 1270· 10th Cir.· 1976-12-01 ·cited 20×
  The court's majority opinion's dicta regarding class action sufficiency was incorrect and unnecessary.
• CPC Int'l, Inc. v. Train
  540 F.2d 1329· 8th Cir.· 1976-08-18 ·cited 20×
  The court held that the EPA's proposed new source standards for BOD5 were supported by the record and not arbitrary or capricious, but the proposed TSS standard was arbitrary and capricious.
• Lehigh & NEW England Ry. Co. v. Interstate Commerce Comm'n & United States
  540 F.2d 71· 3d Cir.· 1976-06-09 ·cited 20×
  The court held that the ICC's regulations denying rent to a railroad for the use of its lines by a directed carrier during unprofitable operations are a valid exercise of the ICC's authority and do not constitute a Fifth Amendment taking requiring compensation.
• Contractors Transp. Corp. v. United States & Interstate Commerce Comm'n
  537 F.2d 1160· 4th Cir.· 1976-03-08 ·cited 20×
  The court held that the Interstate Commerce Commission acted arbitrarily by denying one carrier's application for a certificate of convenience and necessity while granting a similar application from another carrier, without a rational basis for the disparate treatment.
• Smith v. Schlesinger
  513 F.2d 462· D.C. Cir.· 1975-05-15 ·cited 20×
  The court held that the investigative file was potentially relevant for discovery, even if not part of the administrative record, because it could shed light on the basis for the security clearance denial and the procedural fairness of the administrative proceedings.
• Jewell D. Chandler v. Johnson
  515 F.2d 251· 9th Cir.· 1975-04-25 ·cited 20×
  The court held that a federal employee is not automatically entitled to a trial de novo in a Title VII action, and the district court did not abuse its discretion by deciding the case on the administrative record when it was fair, impartial, and supported by substantial evidence.
• City OF Coral Gables v. Wood
  305 So. 2d 261· Fla. 3d DCA· 1974-12-31 ·cited 20×
  The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.
• Bishop v. The Nat'l Labor Relations Bd.
  502 F.2d 1024· 5th Cir.· 1974-10-16 ·cited 20×
  The court held that the district court lacked subject matter jurisdiction because the National Labor Relations Board's application of its 'blocking charge' rule was a reasoned utilization of a practice well-suited to the facts, not an arbitrary action exceeding statutory authorit
• Angela Ratnayake & the Town & Country Montessori Sch. v. Mack
  499 F.2d 1207· 8th Cir.· 1974-06-12 ·cited 20×
  The court held that the Secretary of Labor's denial of labor certification is judicially reviewable under the Administrative Procedure Act, and that the Secretary abused his discretion by failing to adequately document the availability and willingness of qualified U.S. workers an
• Morningside Renewal Council, Inc. v. United States Atomic Energy Comm'n & United States
  482 F.2d 234· 2d Cir.· 1973-07-05 ·cited 20×
  The dissenting judge argues that the case should be reversed due to the absence of applicable safety standards for teaching reactors and the failure to prepare an Environmental Impact Statement (EIS) under NEPA.
• United States v. Strayhorn
  471 F.2d 661· 2d Cir.· 1972-12-12 ·cited 20×
  The court held that technical violations or missed deadlines by the Selective Service system are insufficient to establish the order of call defense; actual prejudice and arbitrary action must be shown. It also established procedural guidelines for raising this defense.
• United States v. Weintraub
  429 F.2d 658· 2d Cir.· 1970-06-23 ·cited 20×
  The court held that while defense counsel should generally be allowed to inspect registrant files, the restriction in this case was not grounds for reversal because a review of the files showed a basis in fact for the board's determination.