Arbitrary and Capricious

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

• Capitol Tech. Servs., Inc. v. Fed. Aviation Admin.
  791 F.2d 964· D.C. Cir.· 1986-06-03 ·cited 18×
  The court held that the challenge to the FAA's general policy against granting exemptions for maintenance flights is justiciable, but the FAA's refusal to grant such exemptions was a reasonable exercise of its discretion.
• McKELVEY v. Turnage
  792 F.2d 194· D.C. Cir.· 1986-05-30 ·cited 18×
  The court held that 38 U.S.C. § 211(a) did not bar review of the VA's decision because the VA had not previously decided the Rehabilitation Act claim. The court further held that the VA's determination that primary alcoholism is willful misconduct was reasonable and did not viola
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency
  790 F.2d 289· 3d Cir.· 1986-04-30 ·cited 18×
  The court held that the EPA's 1984 removal credit regulations failed to meet statutory requirements by not ensuring the same consistency in pollutant removal for indirect dischargers and POTWs as required for direct dischargers, and that the promulgation of these regulations was
• Pabst Brewing Co. v. Anger
  784 F.2d 338· 8th Cir.· 1986-02-21 ·cited 18×
  The court held that the former employees did not suffer a "layoff" as defined by the Separation From Employment Policy when the brewery was transferred, and thus Pabst did not owe them severance pay.
• Johnson v. Verne ORR
  776 F.2d 75· 3d Cir.· 1985-10-31 ·cited 18×
  The court held that discussing a potential working condition grievance during duty time does not constitute "internal union business" under 5 U.S.C. § 7131(b), and that a National Guard technician must perform military and civilian duties within the same state's National Guard un
• Bedford Cnty. Mem'l Hosp. v. Health & Human Servs.
  769 F.2d 1017· 4th Cir.· 1985-08-14 ·cited 18×
  The court held that the Secretary of Health and Human Services' new regulation for compensating hospitals for malpractice costs was invalid because it was promulgated in violation of the Administrative Procedure Act and the Medicare Act, and was arbitrary and capricious.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  765 F.2d 1186· D.C. Cir.· 1985-07-09 ·cited 18×
  The court held that the FCC lacks statutory authority to prohibit common carriers from filing tariffs, as required by statute.
• Cal. Human Dev. Corp. v. Brock
  762 F.2d 1044· D.C. Cir.· 1985-05-28 ·cited 18×
  The court affirmed the lower court's decision because the matter of allocating grant funds is committed to agency discretion by law, making it unreviewable.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• Sierra Club v. Clark
  756 F.2d 686· 9th Cir.· 1985-03-25 ·cited 18×
• Anderson v. The Nat'l R.R. Passenger Corp. (AMTRAK)
  754 F.2d 202· 7th Cir.· 1984-12-06 ·cited 18×
  The court affirmed the district court's grant of summary judgment, holding that Amtrak's actions in terminating employment were not governmental actions subject to Fifth Amendment due process, and that the Public Law Board's decision was not arbitrary or outside its jurisdiction.
• Hinckley v. Sec'y OF Health & Human Servs.
  742 F.2d 19· 1st Cir.· 1984-08-22 ·cited 18×
  The court held that the Secretary of Health and Human Services' regulations for determining childhood disability are valid and a reasonable interpretation of the Social Security Act. The regulations do not violate the statutory directive for 'comparable severity' by not applying
• Pub. Citizen & Ctr. for Auto Safety v. Steed
  733 F.2d 93· D.C. Cir.· 1984-04-24 ·cited 18×
  The court held that the National Highway Traffic Safety Administration's (NHTSA) indefinite suspension of the treadwear grading program was arbitrary and capricious, violating the National Traffic and Motor Vehicle Safety Act and the Administrative Procedure Act.
• Dugan v. Arch Ramsay
  727 F.2d 192· 1st Cir.· 1984-02-09 ·cited 18×
  The court held that the Office of Personnel Management's practice of refusing to count trial preparation days for cases that settle before trial is arbitrary and capricious, and that the district court erred in dismissing the case for failure to exhaust administrative remedies.
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  725 F.2d 732· D.C. Cir.· 1984-01-13 ·cited 18×
  The Satellite Act of 1962 grants the FCC broad discretion to designate non-carriers as authorized users of Comsat's satellite services, and the FCC's decision to permit Comsat to sell services directly to the public was not arbitrary or capricious.
• Impro Prods., Inc. v. Block
  722 F.2d 845· D.C. Cir.· 1983-12-16 ·cited 18×
  The court held that the statute of limitations barred judicial review of the agency's dissemination of an article, and that the VST Act does not provide for implied civil injunctive relief for the government.
• The Christian Broad. Network, Inc. v. The Copyright Royalty Tribunal
  720 F.2d 1295· D.C. Cir.· 1983-10-25 ·cited 18×
  The court affirmed the Copyright Royalty Tribunal's 1979 distribution determination, finding its allocations to be rational and supported by substantial evidence, despite some imperfections in its explanations.
• Ariz. Past & Future Found., Inc. v. Drew Lewis
  722 F.2d 1423· 9th Cir.· 1983-10-11 ·cited 18×
  The court held that the Secretary of Transportation did not abuse his discretion in approving the West Papago Alternative for Interstate 10 construction, finding no feasible or prudent alternatives and no use of historic sites, and that the district court did not err in denying t
• Black Citizens FOR A Fair Media v. Fed. Commc'ns Comm'n & United States
  719 F.2d 407· D.C. Cir.· 1983-10-07 ·cited 18×
  The dissent argues that the Communications Act mandates the FCC to investigate each broadcast license renewal applicant's programming to ensure service in the public interest, and the new postcard renewal plan improperly abandons this duty.
• People OF the State OF Ill. & Bi-Petro Ref. Co., Inc. v. Interstate Commerce Comm'n & United States
  698 F.2d 868· 7th Cir.· 1983-01-24 ·cited 18×
  The court held that while the ICC erred in denying discovery of bridge traffic information, this error was harmless as the information would not have altered the abandonment decision. The court affirmed the ICC's decision to abandon the rail line.
• Central States v. Cent. Transp., Inc.
  698 F.2d 802· 6th Cir.· 1983-01-20 ·cited 18×
  The court held that the Funds do not have a statutory or contractual right to audit the records of all of Transport's employees, but may inspect records with reasonable cause to believe an employee is covered.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  697 F.2d 1146· D.C. Cir.· 1983-01-14 ·cited 18×
  The court held that the Interstate Commerce Commission's definition of 'owner' as having a 10% or greater ownership interest in a motor vehicle, and permitting ownership of multiple vehicles, was not arbitrary, capricious, or contrary to law. The court also found that challenges
• Sys. Dev. Corp. v. Dep't OF Health & Rehabilitative Servs.
  423 So. 2d 433· Fla. 1st DCA· 1982-11-29 ·cited 18×
  The court affirmed the agency's award of a contract, finding that the proposed enhancements did not constitute material irregularities and that the agency acted within its discretion.
• Aeron Marine Shipping Co. v. United States
  695 F.2d 567· D.C. Cir.· 1982-11-23 ·cited 18×
  The court held that the Subsidy Board must admit all seven subsidized ships to the preference trades and has authority to set rates, but its chosen rate was not adequately justified and must be reconsidered.
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  681 F.2d 252· 5th Cir.· 1982-05-17 ·cited 18×
  The court held that the Interstate Commerce Commission did not abuse its discretion or act arbitrarily in granting Valley Transit Company authority for passenger and package express bus service and charter operations.
• Natural Res. Def. Council, Inc. v. United States Nuclear Regulatory Comm'n & United States
  685 F.2d 459· D.C. Cir.· 1982-04-27 ·cited 18×
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & The United States
  673 F.2d 1196· 11th Cir.· 1982-04-19 ·cited 18×
  The court held that the ICC did not abuse its discretion in denying an oral rehearing and that its grant of motor common carrier authority was supported by substantial evidence and consistent with the Motor Carrier Act of 1980.
• VAN Gunten v. Central States
  672 F.2d 586· 6th Cir.· 1982-03-19 ·cited 18×
  The court held that the trustees' denial of pension benefits was not arbitrary or capricious given the unique facts of the case.
• Loyola Univ. v. Fed. Commc'ns Comm'n & United States
  670 F.2d 1222· D.C. Cir.· 1982-01-26 ·cited 18×
  The court held that the Federal Communications Commission engaged in reasoned decisionmaking within its statutory mandate when balancing competing demands for radio spectrum, and therefore affirmed the Commission's decision to permit limited sharing of clear channel frequencies.
• Empire-Detroit Steel Div. of Cyclops Corp. v. Interstate Commerce Comm'n & United States
  659 F.2d 396· 3d Cir.· 1981-09-28 ·cited 18×
  The court held that the Interstate Commerce Commission's policy of denying penalty demurrage relief to parties under an average agreement, even for frozen lading due to severe weather, is permissible.
• Giacone v. Schweiker
  656 F.2d 1238· 7th Cir.· 1981-08-10 ·cited 18×
  The court held that a claimant's due process rights may be violated if the ALJ fails to inform them about the 'good cause' requirement for filing a late request for reconsideration, potentially waiving the exhaustion of administrative remedies requirement for judicial review.
• Int'l Ass'n OF Bridge v. Douglas
  646 F.2d 1211· 7th Cir.· 1981-05-01 ·cited 18×
  The court held that the Trustees acted within their authority to amend the welfare plan to limit benefits for employees whose employers ceased contributions, as the amendment was for the sole benefit of participants and prudent administration.
• Rec. Vehicle Indus. Ass'n v. Env't Prot. Agency
  653 F.2d 562· D.C. Cir.· 1981-04-16 ·cited 18×
  The court held that the EPA's regulations for medium and heavy trucks apply to motor homes, and the agency's actions were procedurally sound and supported by evidence. The court also found it had jurisdiction to hear the case.
• Bethlehem Steel Corp. v. The United States Env't Prot. Agency
  638 F.2d 994· 7th Cir.· 1980-12-22 ·cited 18×
  The court held that the EPA violated the 90-day requirement for acting on the DCO and that some of the EPA's stated reasons for disapproval were inadequately explained. The court also ordered certain EPA internal documents to be included in the record.
• Cooper v. The United States
  639 F.2d 727· Ct. Cl.· 1980-12-17 ·cited 18×
  The court should not have remanded for additional evidence when the plaintiff failed to deny charges and the agency decision had a rational basis.
• Mercy Hosp. & Med. Ctr. v. Harris
  625 F.2d 905· 9th Cir.· 1980-08-20 ·cited 18×
• Benmar Transp. & Leasing Corp. v. Interstate Commerce Comm'n & United States
  623 F.2d 740· 2d Cir.· 1980-06-11 ·cited 18×
  The court affirmed the Interstate Commerce Commission's grant of contract carrier authority, finding the decision supported by substantial evidence and not arbitrary or capricious.
• B. D. Click Co., Inc. v. The United States
  614 F.2d 748· Ct. Cl.· 1980-01-23 ·cited 18×
  The court held that the contract clearly required the installation of a complete sprinkler system, and the plaintiff's claim was barred by a signed release of claims, which was not rendered invalid by alleged duress.
• Katharine Gibbs Sch. (Incorporated) v. Fed. Trade Comm'n
  612 F.2d 658· 2d Cir.· 1979-12-12 ·cited 18×
  The dissenting judge argues that the FTC's Vocational School Rule is lawful, asserting that the Commission properly defined deceptive practices by linking them to affirmative requirements and that the pro rata refund provision is a valid remedial measure.
• Riley v. The United States
  608 F.2d 441· Ct. Cl.· 1979-09-19 ·cited 18×
  The court held that the plaintiff's nonselection for promotion was unlawful due to prejudicial errors in his record, entitling him to back pay, reinstatement, and correction of his military records.
• The Bd. OF Trade OF the City OF Chicago v. Commodity Futures Trading Comm'n
  605 F.2d 1016· 7th Cir.· 1979-09-12 ·cited 18×
  The Commodity Futures Trading Commission's determination of an emergency under Section 8a(9) of the Commodity Exchange Act is committed to agency discretion and is not judicially reviewable.
• Nat'l Crushed Stone Ass'n, Inc. v. Env't Prot. Agency
  601 F.2d 111· 4th Cir.· 1979-06-18 ·cited 18×
  The court held that the EPA's TSS limitations for mine dewatering and process generated wastewater were invalid due to the agency's failure to provide the public with an opportunity to comment on the underlying data. The court also found the recycling provisions void for vaguenes
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  593 F.2d 691· 5th Cir.· 1979-04-23 ·cited 18×
  The dissenting judge believes the Interstate Commerce Commission abused its discretion by granting extensive temporary operating authority without sufficient justification or explanation.
• The WAY OF Life Television Network, Inc. v. Fed. Commc'ns Comm'n
  593 F.2d 1356· D.C. Cir.· 1979-02-08 ·cited 18×
  The court held that the FCC acted arbitrarily and capriciously by denying a waiver of the application cutoff date when the date was never validly promulgated according to its own rules.
• Nat'l Ass'n for Better Broad. v. Fed. Commc'ns Comm'n
  591 F.2d 812· D.C. Cir.· 1978-11-02 ·cited 18×
  The court held that the FCC reasonably concluded that the petitioner failed to raise substantial and material questions of fact warranting a hearing for license renewal, despite the Commission's occasionally unclear rationale.
• Barnes Freight Line, Inc. v. The Interstate Commerce Comm'n & the United States
  569 F.2d 912· 5th Cir.· 1978-03-17 ·cited 18×
  The court held that the Interstate Commerce Commission abused its authority by reinstating the temporary operating authority of Ross Neely Express after it had falsified evidence, and that the court lacked jurisdiction to review the reinstatement of the permanent authority applic
• Mass. Gen. Hosp. v. Weiner
  569 F.2d 1156· 1st Cir.· 1978-01-25 ·cited 18×
  The court held that the Massachusetts Medicaid prospective reimbursement plan, approved by the Secretary, provided for 'reasonable costs' as required by federal law and did not violate constitutional due process or equal protection rights.
• Almay, Inc. v. Califano
  569 F.2d 674· D.C. Cir.· 1977-12-21 ·cited 18×
  The court held that the FDA's regulation defining 'hypoallergenic' based on comparative testing was arbitrary and capricious because it lacked sufficient support in the administrative record.
• Monroe Cnty. Conservation Council, Inc. v. Brock Adams
  566 F.2d 419· 2d Cir.· 1977-11-22 ·cited 18×
  The court held that the Environmental Impact Statement (EIS) and Section 4(f) Statement adequately considered alternatives and social impacts, and the district court did not err in finding compliance with statutory requirements.
• Sigmon v. POE
  564 F.2d 1093· 4th Cir.· 1977-10-17 ·cited 18×
  The court held that the district court erred in asserting pendant jurisdiction over state law claims after dismissing federal constitutional claims. The court also found that the plaintiff's federal due process claims were without merit.