Arbitrary and Capricious

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

• Nat'l Labor Relations Bd. v. Chelsea Clock Co.
  411 F.2d 189· 1st Cir.· 1969-05-16 ·cited 20×
  The court held that the Regional Director's consolidation of an unfair labor practice case with a consent election representation case, leading to a delayed decision by the Regional Director, constituted an arbitrary and capricious departure from proper procedure, invalidating th
• Titusville Cable TV, Inc. v. United States & Fed. Commc'ns Comm'n
  404 F.2d 1187· 3d Cir.· 1968-12-23 ·cited 20×
  The court held that the FCC's denial of waiver requests for nonduplication rules was not arbitrary or capricious and did not violate petitioners' rights. The procedural provisions of the Communications Act regarding hearings for licensees do not apply to CATV operators seeking wa
• Ricker v. The United States
  396 F.2d 454· Ct. Cl.· 1968-06-14 ·cited 20×
  The court held that a Selection Board's recommendation, if based on an illegally constituted board, does not render the Secretary's personnel action void, but may be considered arbitrary and capricious.
• Holman v. The United States
  383 F.2d 411· Ct. Cl.· 1967-10-13 ·cited 20×
  The court held that the administrative removal decision was supported by substantial evidence and was not arbitrary or capricious, despite the reversal of the plaintiff's criminal conviction.
• Nat'l Labor Relations Bd. v. Int'l Longshoremen's & Warehousemen's Union
  378 F.2d 33· 9th Cir.· 1967-05-15 ·cited 20×
  The court held that the National Labor Relations Board's order assigning work to production and maintenance employees (Steelworkers) over a union's claim (Longshoremen) was supported by substantial evidence and must be enforced.
• First Wis. Bankshares Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  325 F.2d 946· 7th Cir.· 1963-12-17 ·cited 20×
  The court held that the Board of Governors' denial of bank holding company applications was supported by substantial evidence and did not violate due process, affirming the Board's decision.
• Nat'l Labor Relations Bd. v. Sumner Sand & Gravel Co.
  293 F.2d 754· 9th Cir.· 1961-07-07 ·cited 20×
  The court held that the National Labor Relations Board had jurisdiction and that the company's challenges to the election and bargaining units were barred by consent election agreements.
• McKENNA v. Seaton
  259 F.2d 780· D.C. Cir.· 1958-03-20 ·cited 20×
  The Secretary of the Interior was bound by his own regulation and could not permit a nunc pro tunc amendment to validate a defective lease application after another applicant had complied with the regulation.
• Weaver v. United States
  210 F.2d 815· 8th Cir.· 1954-02-19 ·cited 20×
  The court held that the record lacked affirmative evidence to support the Appeal Board's I-A classification and denial of the registrant's I-O classification, requiring reversal.
• United States ex rel. Dolenz v. Shaughnessy
  200 F.2d 288· 2d Cir.· 1952-12-05 ·cited 20×
  The court held that the Attorney General's finding that the appellant would not be subjected to physical persecution was inadequate because it was negative in form and lacked deliberation. The court would reverse the decision based on this inadequacy.
• Benzian v. Godwin
  168 F.2d 952· 2d Cir.· 1948-06-30 ·cited 20×
  The court held that the training and service provisions of the Selective Service Act applied to temporary business visitors and that the disability incurred by accepting an exemption from service, which barred future citizenship, remained in effect even after the Act's repeal.
• United States v. Ohio Oil Co.
  163 F.2d 633· 10th Cir.· 1947-09-10 ·cited 20×
  The court held that the Secretary of the Interior had the authority under the lease and applicable regulations to fix a minimum value for royalty oil, and the trial court erred in substituting its judgment for the Secretary's determination.
• Van Der Loo v. Porter
  160 F.2d 110· Emer. Ct. App.· 1946-09-05 ·cited 20×
  A price regulation is not invalid simply because it subjects an individual to hardship or a competitive disadvantage, especially if it was fair on its face and the hardship was not anticipated.
• Adams v. Bowles
  144 F.2d 357· Emer. Ct. App.· 1944-07-31 ·cited 20×
  The court held that the Price Administrator has the authority to regulate rents for company housing units rented to employees, but that applying the April 1, 1941 maximum rent date to this class of housing was arbitrary and inequitable.
• United States ex rel. Brandon v. Downer
  139 F.2d 761· 2d Cir.· 1944-01-07 ·cited 20×
  The court held that the Appeal Board's decision was not arbitrary or capricious, and procedural objections raised by the appellant lacked merit.
• Ervin B. Madden v. ITT Long Term Disability Plan FOR Salaried Employees
  914 F.2d 1279· 9th Cir.· 1990-09-17 ·cited 19×
  The court held that Metropolitan's decision to terminate disability benefits was subject to arbitrary and capricious review and was supported by substantial evidence, and that the employer was not a proper party.
• J.D. Miller v. Fed. Deposit Ins. Corp.
  906 F.2d 972· 4th Cir.· 1990-06-22 ·cited 19×
  The court affirmed summary judgment on liability for violating the Change in Banking Control Act but remanded for de novo review of the penalty amount.
• Wis. Elec. Power Co. v. Reilly
  893 F.2d 901· 7th Cir.· 1990-01-19 ·cited 19×
  The court held that WEPCO's extensive life-extension project at its power plant constitutes a 'physical change' under the Clean Air Act, triggering New Source Performance Standards (NSPS) and Prevention of Significant Deterioration (PSD) requirements, and that the EPA's determina
• Sejman v. Warner-Lambert Co., Inc.
  889 F.2d 1346· 4th Cir.· 1989-11-24 ·cited 19×
  The court held that former employees are not entitled to severance pay under the former employer's policy when they continued employment with the acquiring company, as their claims are governed by ERISA and their severance benefits did not vest.
• Earline H. Dixon v. Seafarers' Welfare Plan
  878 F.2d 1411· 11th Cir.· 1989-08-04 ·cited 19×
  The court held that the district court did not abuse its discretion in denying attorney's fees to a prevailing party under ERISA, as the decision was supported by an adequate analysis of the relevant factors.
• Olson v. Norman
  830 F.2d 811· 8th Cir.· 1987-09-15 ·cited 19×
  The court held that the Secretary improperly terminated Medicaid benefits by considering sibling income, as this constitutes impermissible 'deeming' under 42 U.S.C. § 1396a(a)(17)(D). The court also reversed in part the award of attorneys' fees against the Secretary.
• Riddle v. Sec'y OF Health & Human Servs.
  817 F.2d 1238· 6th Cir.· 1987-05-01 ·cited 19×
  The dissenting judge would affirm the district court's denial of attorney fees, finding the Secretary's position substantially justified.
• The Eagle Found., Inc. v. Dole
  813 F.2d 798· 7th Cir.· 1987-02-27 ·cited 19×
  The court affirmed the district court's decision, holding that the Secretary's determination that the chosen highway route was prudent and feasible, despite impacting protected lands, was not arbitrary or capricious.
• Nat'l Wildlife Fed'n v. Fed. Energy Regulatory Comm'n
  801 F.2d 1505· 9th Cir.· 1986-09-30 ·cited 19×
  The court held that the Federal Energy Regulatory Commission abused its discretion by issuing preliminary permits for hydroelectric projects without adequately considering comprehensive planning, cumulative impacts, and environmental data, as required by the Federal Power Act and
• Manasota-88, Inc. v. Thomas
  799 F.2d 687· 11th Cir.· 1986-09-15 ·cited 19×
  The court held that the EPA's determination that Gardinier's proposed phosphogypsum disposal area was not a 'new source' was not arbitrary and capricious, and therefore, the agency's decision to reissue the NPDES permit without preparing a full Environmental Impact Statement (EIS
• Island Harbor Beach Club, Ltd. v. Dep't OF Natural Res.
  495 So. 2d 209· Fla. 1st DCA· 1986-09-10 ·cited 19×
  The Department of Natural Resources (DNR) reestablished the coastal construction control line in Charlotte County, Florida, moving it substantially landward from the 1977 line. Two groups of private landowners appealed, challenging DNR's authority, methodology, and the scientific
• Wilson v. Hodel
  758 F.2d 1369· 10th Cir.· 1985-04-02 ·cited 19×
  The court held that the presumption of administrative regularity applies to the Department of Interior's oil and gas leasing program, and the appellant failed to provide sufficient evidence to rebut this presumption or properly raise arguments about procedural irregularities.
• State v. Ophelia Johnson Cleveland
  390 So. 2d 364· Fla. 4th DCA· 1980-09-03 ·cited 19×
  The Fourth District Court of Appeal holds that the decision to admit a defendant into Florida's pretrial intervention program is a prosecutorial rather than judicial function, and therefore a trial court cannot review the State Attorney's reasons for denying consent to the progra
• Medora v. Colautti
  602 F.2d 1149· 3d Cir.· 1979-07-24 ·cited 19×
  A state regulation barring aged, blind, or disabled individuals from general assistance if they are ineligible for federal SSI benefits, even if they meet state need criteria, violates the Equal Protection Clause.
• King v. The United States
  390 F.2d 894· Ct. Cl.· 1968-02-16 ·cited 19×
  The Court of Claims has the authority to grant declaratory relief under the Declaratory Judgment Act, as it is consistent with the court's existing jurisdiction and not precluded by prior precedent limiting it to money judgments.
• Bronemann v. United States (three cases)
  138 F.2d 333· 8th Cir.· 1943-10-28 ·cited 19×
  The court held that evidence of arbitrary or unfair classification by draft boards is not a defense to a charge of refusing to obey a draft order.
• Lowell Joseph Kuvin v. City OF Coral Gables
  45 So. 3d 836· Fla. 3d DCA· 2010-08-25 ·cited 18×
  Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
• Linemaster Switch Corp. v. United States Env't Prot. Agency
  938 F.2d 1299· D.C. Cir.· 1991-07-12 ·cited 18×
  The court held that EPA retained authority to list sites on the National Priorities List (NPL) using the original Hazard Ranking System (HRS) after the statutory deadline for revising the HRS had passed, as Congress did not intend to revoke this authority. Site-specific challenge
• Vargas v. Immigr. & Naturalization Serv.
  938 F.2d 358· 2d Cir.· 1991-06-28 ·cited 18×
  The BIA's denial of the motion to reopen was arbitrary and capricious because it improperly extended the holding of Matter of Lok and failed to provide adequate reasoning or adhere to its own regulations.
• Rizzo v. Caterpillar, Inc.
  914 F.2d 1003· 7th Cir.· 1990-10-01 ·cited 18×
  The court held that a material question of fact exists regarding the preparation of the retirement benefits offer packet, precluding summary judgment, and that the standard of review for benefit denials is 'arbitrary and capricious'.
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Educ. Assistance Corp. v. Lauro F. Cavazos
  902 F.2d 617· 8th Cir.· 1990-04-10 ·cited 18×
  The court held that the Secretary's denial of EAC's waiver request was not arbitrary or capricious, and the 1987 amendments to the Higher Education Act did not violate the fifth amendment by requiring EAC to transfer excess cash reserves.
• Competitive Enter. Inst. v. Nat'l Hwy. Traffic Safety Admin.
  901 F.2d 107· D.C. Cir.· 1990-01-19 ·cited 18×
  Consumer Alert has standing to challenge NHTSA's decision not to lower CAFE standards because its members suffer economic injury from continued surcharges on larger cars.
• The State OF NEW York v. Sullivan
  889 F.2d 401· 2d Cir.· 1989-11-01 ·cited 18×
  The regulations promulgated by the Secretary are permissible under Title X and not constitutionally infirm, despite concerns raised.
• Davis v. Ky. Fin. COS. Ret. Plan
  887 F.2d 689· 6th Cir.· 1989-10-12 ·cited 18×
  The court held that the Retirement Committee's denial of death benefits was not arbitrary and capricious, collateral estoppel did not apply, and equitable claims were preempted by ERISA.
• Simpson v. Hegstrom
  873 F.2d 1294· 9th Cir.· 1989-05-04 ·cited 18×
  The court held that the Secretary's interpretation of AFDC regulations, which denied Earned Income Disregards (EIDs) to recipients sanctioned for failing to participate in a Work Incentive (WIN) program, was unreasonable and inconsistent with the Social Security Act.
• State OF Tex. v. United States
  866 F.2d 1546· 5th Cir.· 1989-03-06 ·cited 18×
  The court held that the ICC's interpretation of the Motor Carrier Act, while potentially debatable, was a reasonable construction of the law and thus entitled to deference under Chevron.
• Sierra Pac. Indus. v. Lyng
  866 F.2d 1099· 9th Cir.· 1989-01-25 ·cited 18×
  The court held that regulations requiring revision of harvest schedules and calculating buy-out charges based on advertised volume were permissible, but a regulation requiring purchasers to waive all claims against the government was arbitrary and capricious. The court also affir
• Am. Fed'n of Labor & Cong. of Indus. Orgs. v. Brock
  835 F.2d 912· D.C. Cir.· 1987-12-22 ·cited 18×
  The court held that the Department of Labor did not provide a reasoned explanation for its new policy on adverse effect wage rates, requiring remand.
• Ava P. Trahan v. Regan
  824 F.2d 96· D.C. Cir.· 1987-07-28 ·cited 18×
  The dissenting judge argues that the majority's interpretation of the Equal Access to Justice Act (EAJA) 'substantially justified' standard creates an automatic fee-shifting statute, contrary to congressional intent and precedent.
• Natural Res. Def. Counsel, Inc. v. Hodel
  819 F.2d 927· 9th Cir.· 1987-06-15 ·cited 18×
  The court held that the Bureau of Land Management's environmental impact statement and land use plan for livestock grazing were adequate and lawful, affirming the district court's grant of summary judgment.
• Baltimore GAS & Elec. Co. v. United States & Interstate Commerce Comm'n
  817 F.2d 108· D.C. Cir.· 1987-04-21 ·cited 18×
  The court held that the ICC followed proper procedures in its rulemaking for railroad competitive access proceedings and that the challenged regulations do not contravene congressional authority.
• Mason Gen. Hosp. v. Sec'y OF the Dep't OF Health & Human Servs.
  809 F.2d 1220· 6th Cir.· 1987-01-21 ·cited 18×
  The Secretary is prohibited from retroactively applying the 1986 Rule to hospital cost reporting periods beginning in 1979, as such retroactive application is not necessary to fulfill the statutory design and would contravene the principles of the Administrative Procedure Act.
• Daviess Cnty. Hosp. v. Otis R. Bowen, M.D.
  811 F.2d 338· 7th Cir.· 1987-01-20 ·cited 18×
  The court held that the Secretary of Health and Human Services may deny Medicare reimbursement for services when a provider fails to maintain adequate, auditable records as required by statute and regulation, even if some services were rendered.
• State OF Mich. v. Thomas
  805 F.2d 176· 6th Cir.· 1986-11-12 ·cited 18×
  The court held that the EPA's disapproval of Michigan's fugitive dust control rules was not arbitrary or capricious, and its definition of reasonably available control technology was a permissible interpretation of the Clean Air Act.