Arbitrary and Capricious

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

• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Plantation Residents' Ass'n, Inc. v. Sch. Bd. OF Broward Cnty.
  424 So. 2d 879· Fla. 1st DCA· 1982-12-16 ·cited 16×
  The court held that the school board had the authority to maintain a racial mixture in schools and that minor deficiencies in an economic impact statement do not warrant reversal if proceedings are not rendered unfair.
• Barbian v. Constantine Panagis & the City of Milwaukee
  694 F.2d 476· 7th Cir.· 1982-11-30 ·cited 16×
  The appellate court affirmed the trial court's denial of a motion to interview jurors, holding that the information presented did not establish a sufficient basis to question the verdict's integrity.
• Roosevelt Campobello Int'l Park Comm'n v. United States Env't Prot. Agency
  684 F.2d 1034· 1st Cir.· 1982-08-10 ·cited 16×
  The court held that challenges to EPA's extensions under the automatic expiration rule were meritless, and that challenges to the initial 1975 rules permit were not ripe for review at that time.
• United States Dep't OF Agric. v. Fed. Labor Relations Auth.
  691 F.2d 1242· 8th Cir.· 1982-08-09 ·cited 16×
  The court should dismiss the USDA's petition for lack of jurisdiction because the FLRA's 1979 interpretive ruling was a final order and the USDA's challenge is time-barred.
• Waldemar P. Sherwin v. Sec'y OF Health & Human Servs.
  685 F.2d 1· 1st Cir.· 1982-06-22 ·cited 16×
  The Social Security Administration's (SSA) Medical-Vocational Guidelines (the "Grid") are a valid exercise of rulemaking authority and were properly applied in this case. The claimant failed to demonstrate that the Grid itself is arbitrary or that its application to him was erron
• Am. Mining Cong. v. Marshall
  671 F.2d 1251· 10th Cir.· 1982-02-22 ·cited 16×
  The court held that the Secretary of Labor's designated area sampling regulations under the MSHA were neither arbitrary and capricious nor procedurally invalid.
• Adams v. Trs. of the NEW Jersey Brewery Emps'. Pension Tr. Fund
  670 F.2d 387· 3d Cir.· 1982-01-11 ·cited 16×
  The court held that the partial termination clause was a valid exercise of trustee discretion, reversing the district court's finding that it was arbitrary and capricious. The court also affirmed the dismissal of claims against employers for direct liability and the bar of claims
• McDONOUGH v. United States Postal Serv.
  666 F.2d 647· 1st Cir.· 1981-11-18 ·cited 16×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal from the Postal Service was reasonable and supported by a preponderance of the evidence.
• United GAS Pipe Line Co. v. Fed. Energy Regulatory Comm'n
  657 F.2d 790· 5th Cir.· 1981-10-01 ·cited 16×
  The court held that the Federal Energy Regulatory Commission's regulations tying interest on refunds to the prime rate and allowing quarterly compounding were reasonable and within the Commission's statutory authority.
• Star Delivery & Transfer v. United States & Interstate Commerce Comm'n
  659 F.2d 81· 7th Cir.· 1981-09-14 ·cited 16×
  The court held that the ICC's grant of operating authority was supported by substantial evidence and not arbitrary, even with a cursory decision, because the core findings were sufficiently supported and the protestant failed to demonstrate material harm.
• BIG Y Foods, Inc. v. Nat'l Labor Relations Bd.
  651 F.2d 40· 1st Cir.· 1981-06-11 ·cited 16×
  The court held that the National Labor Relations Board did not abuse its discretion in determining that a unit of meat department employees was an appropriate bargaining unit, upholding the Board's use of a rebuttable presumption for such units.
• Gottfried v. Fed. Commc'ns Comm'n
  655 F.2d 297· D.C. Cir.· 1981-04-17 ·cited 16×
  The court affirmed the FCC's renewal of licenses for commercial stations but remanded for a hearing on the petition to deny renewal for the non-commercial station, KCET-TV.
• Nat'l Fed'n OF Fed. Emps. v. Brown
  645 F.2d 1017· D.C. Cir.· 1981-02-18 ·cited 16×
  The court held that the prevailing rate statute allows executive discretion to alter wage survey rates based on public interest considerations, such as controlling inflation.
• Monongahela Power Co. v. Interstate Commerce Comm'n & United States
  640 F.2d 504· 4th Cir.· 1981-02-13 ·cited 16×
  The court held that the Interstate Commerce Commission (ICC) did not err in denying Monongahela reparation of demurrage penalty charges when an average agreement was in place, even though Monongahela showed due diligence and lack of proximate cause for delays.
• PPG Indus., Inc. v. Costle
  630 F.2d 462· 6th Cir.· 1980-09-30 ·cited 16×
  The court held that the administrative record did not support the EPA's designation of Summit County as a nonattainment area for sulfur dioxide, remanding the rule for further consideration.
• Bruno's, Inc. v. United States
  624 F.2d 592· 5th Cir.· 1980-08-20 ·cited 16×
  The court affirmed the district court's decision, holding that the 60-day suspension was arbitrary and capricious because the FNS relied on factors outside the record and its compliance efforts were not significant.
• Carruth v. The United States
  627 F.2d 1068· Ct. Cl.· 1980-07-02 ·cited 16×
  The court held that the Secretary of Agriculture had the statutory authority to reduce or deny price supports for peanuts containing Aspergillus flavus mold, but remanded for further fact-finding regarding the procedures used to identify the mold.
• Spartan Radiocasting Co. v. Fed. Commc'ns Comm'n
  619 F.2d 314· 4th Cir.· 1980-04-11 ·cited 16×
  The dissenting judge believes the FCC failed to engage in reasoned decision-making by abruptly reversing its position on nonduplication rules without adequate explanation.
• The Diplomat Lakewood Inc. v. Harris
  613 F.2d 1009· D.C. Cir.· 1979-11-16 ·cited 16×
  The court held that the 1972 regulations requiring large independent nursing homes to use a less accurate cost-computation method than large hospitals or hospital-nursing home complexes were arbitrary, capricious, and not in accordance with law.
• Keating v. Fed. Aviation Admin. & Langhorne M. Bond
  610 F.2d 611· 9th Cir.· 1979-11-15 ·cited 16×
  The court held that the FAA's denial of Captain Keating's petition for an exemption from the Age 60 Rule and the denial of his motion to disqualify the Federal Air Surgeon were not arbitrary and capricious.
• GUY v. The United States
  608 F.2d 867· Ct. Cl.· 1979-10-17 ·cited 16×
  The court held that while a missing favorable OER constituted legal error, it was harmless for the 1972 promotion selection board but not for the 1973 board, entitling the plaintiff to relief for the latter.
• Gilbert v. Johnson
  601 F.2d 761· 5th Cir.· 1979-08-27 ·cited 16×
  The court held that while a lawyer's interest in a fee deserves protection, intervention is not always the appropriate method, especially when other means like asserting a lien are available.
• Appleyard's Motor Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  592 F.2d 8· 1st Cir.· 1979-02-16 ·cited 16×
  The court affirmed the ICC's grant of a certificate of public convenience and necessity, finding the decision supported by substantial evidence and not arbitrary or capricious, but granted a limited remand for correction of an error.
• People OF the State OF Ill. v. Nuclear Regulatory Comm'n & the United States
  591 F.2d 12· 7th Cir.· 1979-01-10 ·cited 16×
  The court held that the Nuclear Regulatory Commission has discretion to deny a request to institute a proceeding and that its denial was not arbitrary and capricious.
• PPG Indus., Inc. v. Adlene Harrison
  587 F.2d 237· 5th Cir.· 1979-01-08 ·cited 16×
  The court held that it lacked jurisdiction to hear the appeal because the 1977 amendments to the Clean Air Act did not shift jurisdiction for reviewing interpretations and applications of regulations from district courts to courts of appeals.
• Lyle v. Brenna
  589 F.2d 475· 10th Cir.· 1978-12-13 ·cited 16×
  The court held that the college's decision to terminate a tenured professor due to budgetary exigencies, based on administrative judgment of departmental needs and faculty versatility, was not arbitrary or capricious, and thus did not violate substantive due process.
• Ami-Chanco, Inc. v. The United States
  576 F.2d 320· Ct. Cl.· 1978-05-17 ·cited 16×
  The court held that the Medicare Provider Reimbursement Manual provisions disallowing stock maintenance costs were arbitrary and capricious, and thus plaintiff is entitled to reimbursement for these costs.
• The Squaw Transit Co. v. The United States & Interstate Commerce Comm'n
  574 F.2d 492· 10th Cir.· 1978-04-11 ·cited 16×
  The court held that the Interstate Commerce Commission (ICC) acted arbitrarily and capriciously by applying a de minimis rule to deny a gateway elimination application when its own precedent required a comparative analysis of traffic volumes, especially for small carriers.
• Ass'n OF Bank Travel Bureaus, Inc. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  568 F.2d 549· 7th Cir.· 1978-01-12 ·cited 16×
  The court held that the Board of Governors' interpretation of the Bank Holding Company Act's "closely related to banking" standard, using a two-tiered test, is correct and supported by substantial evidence.
• Sawyer Transp., Inc. v. United States & Interstate Commerce Comm'n
  565 F.2d 474· 7th Cir.· 1977-11-07 ·cited 16×
  The court held that the ICC's denial of a motor common carrier certificate was not in accordance with law because the ICC failed to consider the potential public benefits of increased competition.
• Dade Cnty. v. Beauchamp
  348 So. 2d 53· Fla. 3d DCA· 1977-07-06 ·cited 16×
  The court held that the trial court did not err in finding the RU-4L zoning classification too restrictive as applied to Beauchamp's property, but affirmed the order to rezone to a classification not less restrictive than 33 units per acre.
• Ogunquit Vill. Corp. v. Davis
  553 F.2d 243· 1st Cir.· 1977-04-20 ·cited 16×
  The court held that NEPA does not provide for post-completion equitable relief for defects in an environmental impact statement, absent bad faith, to avoid opening completed projects to widespread litigation.
• Coal. FOR Responsible Reg'l Dev. & Ruth C. Sullivan v. Coleman
  555 F.2d 398· 4th Cir.· 1977-04-11 ·cited 16×
  The court affirmed the district court's denial of an injunction, finding the Secretary's determinations regarding the bridge construction and alternative sites were not arbitrary, capricious, or an abuse of discretion.
• Burlington N., Inc. v. United States & Interstate Commerce Comm'n
  549 F.2d 83· 8th Cir.· 1977-02-16 ·cited 16×
  The court held that the Interstate Commerce Commission had the statutory authority to prescribe a maximum rate for export wheat shipments, and that its determination of 92.5 cents per hundred pounds was not arbitrary or capricious.
• Hercules Inc. v. Fed. Power Comm'n
  552 F.2d 74· 3d Cir.· 1977-01-05 ·cited 16×
  The court held that the FPC cannot enforce payback obligations incurred under an unlawful curtailment plan that was later invalidated.
• Goutos v. The United States
  552 F.2d 922· Ct. Cl.· 1976-12-15 ·cited 16×
  The court held that a government employee is not officially appointed to a position unless the appointing authority performs the final required act, such as signing the official appointment form.
• Kiro v. Fed. Commc'ns Comm'n & United States
  545 F.2d 204· D.C. Cir.· 1976-11-04 ·cited 16×
  The court held that the FCC's denial of KIRO's request for relief was based on contradictory rationales, lacked a rational basis, and relied on improperly noticed facts, requiring remand.
• Rodeway Inns OF Am., Inc. v. Frank
  541 F.2d 759· 8th Cir.· 1976-09-13 ·cited 16×
  The court held that competitor hotel owners lacked standing to challenge HUD's decision to allow a federally insured apartment building to convert to a hotel after the mortgage insurance had been paid out, as the relevant statutes and regulations only applied while the insurance
• Usery v. Int'l Org. of Masters
  538 F.2d 946· 2d Cir.· 1976-07-12 ·cited 16×
  The court held that while the 1971 election was unlawful, the Secretary's demand for a 1976 supervised election was arbitrary, and modified the judgment to order a supervised election in 1977.
• Crone v. The United States
  538 F.2d 875· Ct. Cl.· 1976-07-09 ·cited 16×
  The court held that parents suing as 'next friends' for missing servicemen lack standing, but wives of servicemen who were dependents have standing. Class action status was denied.
• Amtel, Inc. v. Fed. Energy Admin. & Frank G. Zarb
  536 F.2d 1378· Temp. Emer. Ct. App.· 1976-05-25 ·cited 16×
  The court held that the Federal Energy Administration's (FEA) decision to grant exception relief to Whitco was supported by substantial evidence, not arbitrary or capricious, and within its statutory authority, affirming the district court's dismissal of Amtel's complaint.
• Elgiro Daniel v. United States Immigr. & Naturalization Serv.
  528 F.2d 1278· 5th Cir.· 1976-03-22 ·cited 16×
  The court held that the petitioners failed to demonstrate that the INS action was arbitrary, capricious, or an abuse of discretion, and denied their petition for relief.
• Ruiz-Olan v. Sec'y, Dep't OF Health, Educ., & Welf.
  511 F.2d 1056· 1st Cir.· 1975-03-12 ·cited 16×
  The court held that the administrative law judge's refusal to reopen the prior disability benefits decision was not arbitrary, capricious, or an abuse of discretion.
• River Forest Pharmacy, Inc. v. Drug Enforcement Administration
  501 F.2d 1202· 7th Cir.· 1974-08-12 ·cited 16×
  The court held that the Acting Administrator's decision to increase the suspension of a pharmacy's registration was not arbitrary or capricious, as the Administrator provided sufficient reasons for the increased sanction.
• Am. Exp. Isbrandtsen Lines, Inc. v. The United States
  499 F.2d 552· Ct. Cl.· 1974-06-19 ·cited 16×
  The court held that the Maritime Subsidy Board (MSB) exceeded its authority by disallowing severance pay reimbursement under operating-differential subsidies (ODS) when such costs were determined to be fair and reasonable through collective bargaining.
• Excavation Constr., Inc. v. The United States
  494 F.2d 1289· Ct. Cl.· 1974-04-17 ·cited 16×
  The court held that the Architect of the Capitol did not act arbitrarily or capriciously in awarding the contract to the low bidder, despite minor informalities in the bid, and thus the disappointed bidder is not entitled to recover damages.
• Digilab, Inc. v. The Sec'y OF Labor & Lawrence W. Rogers
  495 F.2d 323· 1st Cir.· 1974-03-22 ·cited 16×
  The court held that the Secretary of Labor's denial of alien employment certification was not supported by sufficient factual findings and remanded for further proceedings.
• Bunny Bear, Inc. v. Peterson
  473 F.2d 1002· 1st Cir.· 1973-02-07 ·cited 16×
  The court held that the Secretary of Commerce's flammability standard for crib mattresses, requiring them to pass a cigarette test, was reasonable and supported by the record.
• BOB Jones Univ. v. Connally
  472 F.2d 903· 4th Cir.· 1973-01-19 ·cited 16×
  The court held that the strict test for enjoining tax collection should not be applied in this case, potentially raising constitutional questions about the tax code.