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

• Pasco, Inc. v. Fed. Energy Admin.
  525 F.2d 1391· Temp. Emer. Ct. App.· 1975-10-14 ·cited 100×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Federal Energy Administration's (FEA) Entitlements Program was a rational exercise of agency authority, not arbitrary or capricious, and that the FEA did not violate the Freedom of Information Act.
• WWHT, Inc. v. Fed. Commc'ns Comm'n & United States
  656 F.2d 807· D.C. Cir.· 1981-06-18 ·cited 99×
  An agency's denial of a rulemaking petition is subject to judicial review, except where legislative intent negates review, but the scope of review is narrow and deferential to agency discretion.
• Keco Indus., Inc. v. The United States
  428 F.2d 1233· Ct. Cl.· 1970-07-15 ·cited 98×
  A bidder has standing to sue if they can make a prima facie showing of arbitrary and capricious action by the government in the bid process, even when seeking money damages.
• Cal. Citizens Band Ass'n v. United States & Fed. Commc'ns Comm'n
  375 F.2d 43· 9th Cir.· 1967-03-07 ·cited 98×
  The court held that the Federal Communications Commission did not err in promulgating amended rules for the Citizens Radio Service without public evidentiary hearings, as the changes constituted general rulemaking and did not violate statutory notice or hearing requirements.
• Gibson Wine Co., Inc. v. Snyder
  194 F.2d 329· D.C. Cir.· 1952-01-10 ·cited 98×
  The Deputy Commissioner's ruling excluding wine made from the boysen variety of blackberry from the designation 'blackberry wine' was an invalid amendment to the existing regulation because it was not preceded by a hearing or approved by the Secretary of the Treasury.
• Fentron Indus., Inc. v. The Nat'l Shopmen Pension Fund
  674 F.2d 1300· 9th Cir.· 1982-04-21 ·cited 96×
  The court held that Fentron had standing to sue under ERISA, the employee class was properly certified, and the cancellation of vested employees' Past Service Credits violated ERISA § 203(c)(1)(B), but ERISA does not impose per se personal fiduciary liability for violations.
• Pac. Coast Med. Enters. v. Harris
  633 F.2d 123· 9th Cir.· 1980-03-28 ·cited 96×
  The court affirmed the trial court's judgments and orders, including the award of attorneys' fees to the defendant, finding that the oral agreement regarding foreclosure upon default was a valid defense and that the contract's provision for attorneys' fees applied to the prevaili
• United States Lines, Inc. v. Fed. Mar. Comm'n & United States
  584 F.2d 519· D.C. Cir.· 1978-07-28 ·cited 96×
  The court held that the Federal Maritime Commission (FMC) failed to adequately consider the antitrust implications of an agreement amendment, requiring a remand.
• Ruzicka v. Gen. Motors Corp.
  523 F.2d 306· 6th Cir.· 1975-09-23 ·cited 96×
  A union's negligent failure to file a prerequisite grievance document breaches its duty of fair representation.
• Dep't OF Prof'l Reg. v. Zia Durrani
  455 So. 2d 515· Fla. 1st DCA· 1984-08-16 ·cited 95×
  The court held that the Board's rule setting a minimum FLEX score and requiring it from a single sitting was a valid exercise of delegated authority, and that deficiencies in the Economic Impact Statement did not impair the fairness of the proceeding.
• Sanders v. The United States
  594 F.2d 804· Ct. Cl.· 1979-02-21 ·cited 95×
  The court held that the officer was entitled to back pay and continued active duty because he was illegally passed over for promotion due to voided OERs remaining in his file.
• Martinez v. Mathews
  544 F.2d 1233· 5th Cir.· 1976-12-28 ·cited 95×
  The court held that if a health provider receives funding as a "migrant health center," its governing board must be composed of a majority of individuals being served by the center, who, as a group, represent those individuals, and that the likelihood of success on the issue of f
• Am. Iron & Steel Inst. v. Env't Prot. Agency
  526 F.2d 1027· 3d Cir.· 1975-11-07 ·cited 93×
  The court held that the Administrator's failure to adequately consider all relevant costs and benefits in setting pollution control guidelines constitutes an "arbitrary" decision, requiring remand.
• Life OF THE Land v. Brinegar
  485 F.2d 460· 9th Cir.· 1973-09-10 ·cited 93×
  The court affirmed the district court's decision, holding that the appellees complied with the National Environmental Policy Act (NEPA) and the Airport and Airways Development Act (AADA) in the construction of the reef runway extension.
• Save OUR TEN Acres v. Rod Kreger
  472 F.2d 463· 5th Cir.· 1973-01-16 ·cited 93×
  The court held that the agency's threshold determination not to file an Environmental Impact Statement under NEPA should be reviewed under a more searching standard than arbitrary and capricious, requiring a determination of whether the project would materially degrade environmen
• City of Miami Beach v. The Tex. Co.
  141 Fla. 616· Fla.· 1940-01-23 ·cited 93×
  City of Miami Beach sought to enforce an ordinance prohibiting petroleum storage tanks within 1,000 feet of residential buildings, but the Florida Supreme Court upheld as applied to The Texas Company's bulk plant, which had operated with city approval for many years. The court af
• The Nat'l Nutritional Foods Ass'n & Solgar Co., Inc. v. Casper W. Weinberger
  512 F.2d 688· 2d Cir.· 1975-02-03 ·cited 92×
  The court held that the FDA likely possesses substantive rule-making authority under 21 U.S.C. § 371(a), and that the regulations would likely be upheld by the Supreme Court.
• Roark v. Lewis
  401 F.2d 425· D.C. Cir.· 1968-08-21 ·cited 91×
  The court agrees that the cases must be remanded for further findings of fact regarding the trustees' eligibility requirements and their interpretation.
• Lead Indus. Ass'n, Inc. v. Env't Prot. Agency
  647 F.2d 1130· D.C. Cir.· 1980-06-27 ·cited 90×
  The court affirmed the EPA's promulgation of national ambient air quality standards for lead, finding the Administrator acted within his statutory authority and that the rulemaking procedures were not infirm.
• The Avoyelles Sportsmen's League, Inc. v. Marsh
  715 F.2d 897· 5th Cir.· 1983-09-26 ·cited 89×
  The court held that the district court erred by conducting a de novo review of the EPA's wetlands determination instead of applying the arbitrary and capricious standard to the administrative record. The court affirmed the requirement for permits for landclearing activities.
• Marek v. State
  14 So. 3d 985· Fla.· 2009-07-16 ·cited 88×
  John Richard Marek, a death row inmate, appealed the denial of his third and fourth successive motions for postconviction relief under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court affirmed the trial court's denials, rejecting Marek's claims based on newly d
• Porter v. Califano
  592 F.2d 770· 5th Cir.· 1979-03-26 ·cited 88×
  The court concurs with the result but emphasizes the need for an evidentiary hearing for government employees facing discharge or suspension.
• Kosty v. Lewis
  319 F.2d 744· D.C. Cir.· 1963-05-23 ·cited 88×
  The court held that the Trustees of the United Mine Workers of America Welfare and Retirement Fund acted arbitrarily and capriciously by changing pension eligibility requirements without notice, divesting a member of his accrued pension rights.
• Nat'l Labor Relations Bd. v. GUY F. Atkinson Co.
  195 F.2d 141· 9th Cir.· 1952-02-29 ·cited 88×
  The court held that the National Labor Relations Board's order requiring reinstatement was arbitrary and capricious because it retroactively applied a new policy to conduct that occurred when the Board had a contrary policy, causing inequitable hardship.
• Ass'n of Nat'l Advertisers, Inc. v. Fed. Trade Comm'n
  627 F.2d 1151· D.C. Cir.· 1979-12-27 ·cited 87×
  The court held that a Commissioner can be disqualified for bias in rulemaking only upon a showing of an unalterably closed mind, but the dissenting judge argued for a lower standard of preponderance of evidence for substantial bias.
• Natural Res. Def. Council, Inc. v. Callaway
  524 F.2d 79· 2d Cir.· 1975-09-09 ·cited 87×
  The dissenting judge would affirm the lower court's decision regarding the adequacy of the Environmental Impact Statement (EIS) and reverse the majority's grant of injunctive relief.
• Bruch v. Firestone Tire & Rubber Co. & Firestone Tire & Rubber Co. Ret. Plan for Salaried Emps. & Firestone Tire & Rubber Co. Stock Purchase & Sav. Plan
  828 F.2d 134· 3d Cir.· 1987-08-31 ·cited 86×
  The court held that the arbitrary and capricious standard of review is inappropriate for claims concerning an unfunded plan where the employer is the administrator and stands to profit from denying benefits; such claims should be reviewed de novo. The court also held that former
• Holland v. Burlington Indus., Inc.
  772 F.2d 1140· 4th Cir.· 1985-09-03 ·cited 86×
  A severance pay policy is an employee welfare benefit plan covered by ERISA, and ERISA preempts state law claims related to such plans. The denial of severance pay was not arbitrary and capricious.
• Off. OF Commc'n OF the United Church OF Christ v. Fed. Commc'ns Comm'n & United States
  707 F.2d 1413· D.C. Cir.· 1983-05-10 ·cited 86×
• Consol. Land Co. v. Tyler
  88 Fla. 14· Fla.· 1924-05-15 ·cited 86×·via Arbitrary And Capricious Action
  Florida Supreme Court held that while the legislature has broad authority to create special tax districts for public improvements, a district's formation must have a substantial and rational relation to benefits that will accrue to the taxed property. Where a district arbitrarily
• Env't Def. Fund, Inc. v. Costle
  657 F.2d 275· D.C. Cir.· 1981-04-21 ·cited 85×
  The court affirmed the district court's judgment, holding that the EPA acted reasonably in approving state water quality standards for salinity and that the district court properly limited review to the administrative record.
• Denis Hanly v. Mitchell
  460 F.2d 640· 2d Cir.· 1972-05-17 ·cited 83×
  The court held that the General Services Administration (GSA) failed to adequately consider the environmental impact of the proposed jail, requiring further review under NEPA, but affirmed the dismissal of claims regarding the office building.
• Struble v. NEW Jersey Brewery Emps'. Welf. Tr. Fund
  732 F.2d 325· 3d Cir.· 1984-04-16 ·cited 81×
  The court held that the "then current" collective bargaining agreement referred to the agreement in effect at the time payment was due, not at the time of retirement, thus affirming summary judgment for employers on Count I. For Count IV, the court held that the "arbitrary and ca
• Chesley Karr v. Schmidt
  460 F.2d 609· 5th Cir.· 1972-04-28 ·cited 81×·via Arbitrariness
  The dissenting judge would hold that a federal constitutional question exists regarding school hair-length regulations due to their pervasive impact on students' lives.
• Laurence G. Russell v. Nat'l Mediation Bd.
  775 F.2d 1284· 5th Cir.· 1985-10-23 ·cited 80×
  The court held that the amended Equal Access to Justice Act applies to cases pending at the time of its enactment, and that the Board's underlying action was not substantially justified, entitling the plaintiff to attorney fees for all time spent contesting the merits.
• Cape MAY Greene, Inc. v. Warren
  698 F.2d 179· 3d Cir.· 1983-01-10 ·cited 80×
  The court held that the EPA acted arbitrarily in imposing a sewer hookup restriction on floodplain development that defied state and local land use regulations, as Congress has encouraged state and local regulation of coastal areas.
• Cities Serv. Co. & Cities Serv. Oil Co. v. Fed. Energy Admin. & Frank G. Zarb
  529 F.2d 1016· Temp. Emer. Ct. App.· 1975-12-31 ·cited 80×
  The court held that the Federal Energy Administration's (FEA) Old Oil Entitlements Program was a valid exercise of authority under the Emergency Petroleum Allocation Act of 1973 and was not unconstitutional, arbitrary, or capricious.
• Chuck Stone v. Federal Cummunications Commissions
  466 F.2d 316· D.C. Cir.· 1972-06-30 ·cited 80×
  The court held that the FCC reasonably found no substantial and material questions of fact, allowing renewal of WMAL-TV's license without a hearing.
• Danti v. Lewis
  312 F.2d 345· D.C. Cir.· 1962-11-20 ·cited 80×
  The court held that it would not substitute its discretion for that of the Trustees regarding pension eligibility, as long as the Trustees acted rationally and in good faith.
• Robesky v. Qantas Empire Airways Ltd.
  573 F.2d 1082· 9th Cir.· 1978-03-13 ·cited 79×
  The court should not define 'arbitrary' using tort law culpability standards, but rather by whether the union abused its discretion in processing grievances.
• Starnes v. Honorable Matthew F. McGUIRE
  512 F.2d 918· D.C. Cir.· 1974-11-08 ·cited 79×
  The court held that it lacked jurisdiction to review a transfer order after the case file was physically transferred to the transferee court, and that the transfer of Small's case to the District of Kansas was appropriate under 28 U.S.C. § 1404(a) given the factual issues involve
• Gen. Tel. Co. OF the Sw. v. United States & Fed. Commc'ns Comm'n
  449 F.2d 846· 5th Cir.· 1971-09-14 ·cited 79×
  The court held that the Federal Communications Commission (FCC) had statutory authority to promulgate rules restricting telephone companies from furnishing CATV service in their areas, and that reliance on antitrust concepts was permissible in determining public convenience and n
• Shelton v. City OF Coll. Station
  780 F.2d 475· 5th Cir.· 1986-01-06 ·cited 78×
• Miles v. The NEW York State Teamsters Conf. Pension & Ret. Fund Emp. Pension Benefit Plan
  698 F.2d 593· 2d Cir.· 1983-01-20 ·cited 78×
  The court held that the pension plan's Board of Trustees' interpretation of the 'new group' rule was rational and not arbitrary or capricious, reversing the lower court's decision.
• Asarco, Inc. v. U. S. Env't Prot. Agency
  616 F.2d 1153· 9th Cir.· 1980-04-14 ·cited 78×
  The court held that while the district court erred in considering evidence outside the administrative record for substantive review, the appellate court could review the administrative record itself to determine if the EPA's order was arbitrary and capricious.
• Langevin v. Chenango Court, Inc.
  447 F.2d 296· 2d Cir.· 1971-07-23 ·cited 78×
  The court held that tenants in FHA-assisted housing projects are entitled to a fair administrative hearing before rent increases are approved, as a matter of due process.
• Rosen v. Hotel & Rest. Emps. & Bartenders Union OF Phila.
  637 F.2d 592· 3d Cir.· 1981-02-23 ·cited 77×
  The court held that the pension fund trustees had a fiduciary duty to notify the applicant of his employer's failure to contribute and to take action against the employer, and that their failure to do so, along with the prior acceptance of the applicant's personal payment of arre
• Nat'l Ass'n FOR the Advancement OF Colored People v. The Med. Ctr., Inc.
  599 F.2d 1247· 3d Cir.· 1979-06-04 ·cited 77×
  Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 create private rights of action for individuals seeking declaratory and injunctive relief against discriminatory practices in federally funded programs.
• A Quaker Action Grp. v. Hickel
  421 F.2d 1111· D.C. Cir.· 1969-06-24 ·cited 77×
  The court held that while the government has a paramount interest in presidential safety, it must provide factual support for claims that demonstrations threaten it, rather than relying on mere assertion. The preliminary injunction was modified to require advance notice of demons
• City of Miami v. Rosen
  151 Fla. 677· Fla.· 1942-11-03 ·cited 77×
  Property owners challenged a zoning ordinance that classified their land as B-1 instead of the more favorable B-3 classification, seeking injunctive relief and a declaration that the ordinance was unconstitutional and discriminatory. The Florida Supreme Court reversed the lower c