Arbitrary and Capricious

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

• Skaradowski v. The United States
  471 F.2d 627· Ct. Cl.· 1973-01-18 ·cited 16×
  The court held that the plaintiff was on active duty during the period of July 1-5, 1966, and that the Army Board for the Correction of Military Records' determination to the contrary was not supported by substantial evidence and was legally erroneous.
• Matthews v. Swift & Co. & Globe Life Ins. Co.
  465 F.2d 814· 5th Cir.· 1972-08-31 ·cited 16×
  The court held that the trial court erred in determining the plaintiff's entitlement to a disability pension, as this determination rested solely within the discretion of the Pension Board, and the plaintiff failed to prove bad faith or arbitrary action by the Board. Claims again
• Clay Broad. Corp. OF Tex. v. United States & Fed. Commc'ns Comm'n
  464 F.2d 1313· 5th Cir.· 1972-07-21 ·cited 16×
  The court held that the Federal Communications Commission's revised schedule of fees, effective August 1, 1970, was a reasonable exercise of its delegated authority and did not exceed statutory requirements.
• Claiborne J. Duhon, Jr. v. The United States
  461 F.2d 1278· Ct. Cl.· 1972-06-16 ·cited 16×
  The Air Force Board for the Correction of Military Records' (AFBCMR) failure to correct the plaintiff's record to reflect a return to reserve commission status was arbitrary and capricious.
• Benevento v. The United States
  461 F.2d 1316· Ct. Cl.· 1972-06-16 ·cited 16×
  The court held that the plaintiffs, as vessel employees of the Bureau of Commercial Fisheries, were not entitled to overtime pay because their wages were properly set in accordance with prevailing rates in the commercial fishing industry, as permitted by the Classification Act of
• Bohdan Kozak v. The United States
  458 F.2d 39· Ct. Cl.· 1972-04-14 ·cited 16×
  The court held that the plaintiff was wrongfully separated from his employment due to the Library of Congress failing to enforce his retention preference rights, entitling him to back pay.
• Drown v. Portsmouth Sch. Dist.
  451 F.2d 1106· 1st Cir.· 1971-12-01 ·cited 16×
  A school board's stated reasons for non-renewal of a teacher's contract are not arbitrary and capricious if they are related to the educational process or working relationships and are supported by facts, even if the teacher claims to be innovative.
• Shenk v. The Zoning Comm'n OF the Dist. OF Columbia
  440 F.2d 295· D.C. Cir.· 1971-03-18 ·cited 16×
  The court held that the Zoning Commission's denial of the rezoning application was arbitrary and capricious, lacking a substantial relation to the general welfare.
• Horne v. The United States
  419 F.2d 416· Ct. Cl.· 1969-12-12 ·cited 16×
  The court held that the plaintiff's discharge was not arbitrary or capricious, as it was based on her uncooperative conduct and attitude during her own tax audit, which demonstrated an inability to perform her duties as a tax technician.
• Nat'l Labor Relations Bd. v. The Baton Rouge Waterworks Co.
  417 F.2d 1065· 5th Cir.· 1969-10-17 ·cited 16×
  The Court held that the National Labor Relations Board properly determined that the employees of a newly organized subsidiary constituted an accretion to the existing bargaining unit of the parent company.
• The Citizens Ass'n OF Georgetown v. Simonson
  403 F.2d 175· D.C. Cir.· 1968-09-30 ·cited 16×
  The association has standing to sue on behalf of its members to protect their interests regarding the liquor license reissue.
• S. Pac. Land Co. v. United States
  367 F.2d 161· 9th Cir.· 1966-10-12 ·cited 16×
  The court held that while judicial review of administrative decisions regarding property necessity in eminent domain may exist in limited circumstances, the decision to take mineral rights was not arbitrary or capricious.
• Motto v. The United States
  348 F.2d 523· Ct. Cl.· 1965-07-16 ·cited 16×
  The court held that the plaintiff is entitled to back pay and allowances from the date of his illegal discharge until his service was legally terminated by the Army's correction of his records.
• The Mountain States Tel. & Tel. Co. v. Nat'l Labor Relations Bd.
  310 F.2d 478· 10th Cir.· 1962-12-06 ·cited 16×
  The court held that the National Labor Relations Board's determination of an appropriate bargaining unit was not arbitrary or capricious and thus upheld the Board's order.
• Armour & Co. v. Freeman
  304 F.2d 404· D.C. Cir.· 1962-02-08 ·cited 16×
  The court held that the Secretary of Agriculture's regulation requiring genuine hams with added moisture to be labeled "Imitation Ham" was arbitrary and capricious on its face, forcing a violation of the Meat Inspection Act.
• United States v. van Hook
  284 F.2d 489· 7th Cir.· 1960-11-22 ·cited 16×
  The court held that the admission of official Selective Service records and the defendant's admission were proper, and that the trial court had a sufficient factual basis for the classification.
• Winfred Overholser v. Russell
  283 F.2d 195· D.C. Cir.· 1960-06-23 ·cited 16×
  The court held that the record did not support a sound judgment for unconditional release, and that the trial court's decision was based on a mistaken assumption regarding the nature of the appellee's dangerousness.
• Nat'l Airlines v. Metcalf
  114 So. 2d 229· Fla. 3d DCA· 1959-08-13 ·cited 16×
  National Airlines appealed the dismissal of its declaratory judgment action challenging an arbitration award by an Airlines System Board of Adjustment, arguing the state court lacked jurisdiction. The Florida District Court of Appeal reversed, holding that state courts have juris
• United States ex rel. George Exarchou v. Murff
  265 F.2d 504· 2d Cir.· 1959-04-15 ·cited 16×
  The court held that the denial of voluntary departure was arbitrary and capricious, as the evidence did not sufficiently justify the shift in the Service's position regarding the relator's good moral character.
• Ayers v. United States
  240 F.2d 802· 9th Cir.· 1956-11-09 ·cited 16×
  The prosecution must prove that erroneous advice received by a draft board did not affect its decision; failure to do so requires acquittal.
• ELM City Broad. Corp. v. Nat'l Labor Relations Bd.
  228 F.2d 483· 2d Cir.· 1955-12-12 ·cited 16×
  The court held that the company failed to raise the issue of the Regional Director's arbitrary or capricious action before the National Labor Relations Board, thus precluding appellate review of that claim.
• Harris Langenberg HAT Co. v. Nat'l Labor Relations Bd.
  216 F.2d 146· 8th Cir.· 1954-10-18 ·cited 16×
  The court held that the National Labor Relations Board's determination of a single-plant bargaining unit was not arbitrary and therefore the company's petition for review is denied.
• Volusia Cnty. Kennel Club, Inc. v. Haggard
  73 So. 2d 884· Fla.· 1954-06-01 ·cited 16×
  The Florida Supreme Court held that a 1953 graduated tax on dog racing track operators based on daily gross receipt classifications violates equal protection because it taxes identical transactions at different rates without a reasonable basis for differentiation. The Court inval
• Dickinson v. United States
  203 F.2d 336· 9th Cir.· 1953-03-09 ·cited 16×
  The court held that the Selective Service boards had a basis in fact for classifying the appellant as available for military service, and that any procedural irregularities did not prejudice the appellant given the subsequent review by appeal boards.
• Superior Packing Co. v. Clark
  164 F.2d 343· Emer. Ct. App.· 1947-11-10 ·cited 16×
  The court held that the carload discount provisions were not arbitrary or capricious and that the regulations were not void ab initio for lack of Secretary of Agriculture approval. However, the court found the basic maximum prices for non-processing slaughterers were inadequate p
• LEE v. Fleming
  158 F.2d 984· Emer. Ct. App.· 1946-12-13 ·cited 16×
  The court held that the Revised Maximum Price Regulation No. 296 was invalid from its inception as applied to specially milled whole wheat flours because it arbitrarily classified them with standard commercial flours without regard to their higher production costs and historical
• Defenders OF Wildlife v. United States Dep't OF the Navy
  733 F.3d 1106· 11th Cir.· 2013-10-01 ·cited 15×
  The Eleventh Circuit affirmed the district court's grant of summary judgment for the Navy and NMFS, holding that the Navy did not violate NEPA by entering into a construction contract after issuing an ROD for construction, even though a separate ROD for operations was not yet iss
• The Fertilizer Inst. v. United States Env't Prot. Agency
  935 F.2d 1303· D.C. Cir.· 1991-06-11 ·cited 15×
  The court held that the EPA's interpretation of 'release' under CERCLA was contrary to the statute's plain meaning and vacated that portion of the rule. The court also found that the EPA failed to provide adequate notice and comment for administrative exemptions but allowed them
• Thomas Brooks Chartered v. Burnett
  920 F.2d 634· 10th Cir.· 1990-11-28 ·cited 15×
  The court held that the NTSB's decision to exclude the owner's representative from an accident investigation is judicially reviewable and that the district court erred in granting summary judgment for the owner.
• Makah Indian Tribe v. Verity
  910 F.2d 555· 9th Cir.· 1990-07-31 ·cited 15×
  The court held that the absent tribes were not necessary parties to the Makah's procedural claims challenging the regulatory process, but were indispensable parties to claims seeking reallocation of the 1987 harvest.
• Penn v. Howe-Baker Eng'rs, Inc.
  898 F.2d 1096· 5th Cir.· 1990-04-26 ·cited 15×
  The court held that the Pension Committee's determination that Penn was not laid off but voluntarily quit, and that he was an independent contractor at the time of plan termination, were supported by substantial evidence and not arbitrary or capricious.
• Alacare Home Health Servs., Inc. v. Sullivan
  891 F.2d 850· 11th Cir.· 1990-01-09 ·cited 15×
  The court held that the Secretary's denial of reimbursement for Alacare's 1980-1981 office space costs was not arbitrary or capricious, but the regulation allowing a 'good cause' exception to the 180-day filing deadline for the 1984 claim was invalid as exceeding statutory author
• Americans Disabled FOR Accessible Pub. Transp. (Adapt) v. Skinner
  881 F.2d 1184· 3d Cir.· 1989-07-24 ·cited 15×
  The court held that the Secretary of Transportation has the discretion to establish a safe harbor provision for bus accessibility regulations, and the three percent figure is not arbitrary and capricious.
• United Mine Workers of Am. v. Dole
  870 F.2d 662· D.C. Cir.· 1989-03-10 ·cited 15×
  The court held that the Secretary of Labor's new roof support standards were invalid because the statement of basis and purpose failed to demonstrate compliance with the Mine Act's 'no-less protection rule'. The court also held that the Union's petition for review was timely file
• Davidian v. S. Cal. Meat Cutters Union & Food Emps. Benefit Fund
  859 F.2d 134· 9th Cir.· 1988-10-18 ·cited 15×
  State law claims for bad faith, fraud, deceit, and breach of fiduciary duties are preempted by ERISA, and ERISA forbids recovery against a Fund based upon estoppel.
• City OF Stoughton v. U.S. Env't Prot. Agency
  858 F.2d 747· D.C. Cir.· 1988-09-27 ·cited 15×
  The court held that the Environmental Protection Agency (EPA) acted reasonably and in accordance with law when it included three landfill sites on the National Priorities List (NPL).
• Nevill v. Shell OIL Co.
  835 F.2d 209· 9th Cir.· 1987-12-23 ·cited 15×
  The court held that the severance pay was governed by ERISA, preempting state law claims, and that the denial of benefits was not arbitrary and capricious.
• Overseas Educ. Ass'n, Inc. v. Fed. Labor Relations Auth.
  827 F.2d 814· D.C. Cir.· 1987-08-28 ·cited 15×
  The court affirmed the FLRA's decisions, holding that the union's proposals were outside the employer's duty to bargain because they either conflicted with government-wide regulations, were facially overbroad, infringed on management rights, or concerned the technology of perform
• Elena Ezpeleta, M.D. v. Sisters OF Mercy Health Corp.
  800 F.2d 119· 7th Cir.· 1986-08-27 ·cited 15×
  The court held that the termination of a physician's staff privileges at a private hospital was not subject to federal antitrust laws due to the state action doctrine, did not constitute state action for purposes of a Section 1983 claim, and was not arbitrary or capricious under
• Siles v. Ilgwu Nat'l Ret. Fund
  783 F.2d 923· 9th Cir.· 1986-02-25 ·cited 15×
  The court held that the pension plan's transitional provision requiring 435 hours of covered employment in 1974 and 1975 to cure a break in service complies with ERISA's break-in-service rules, and the trustees did not breach their fiduciary duty.
• Black v. Interstate Commerce Comm'n & United States
  D.D.C.· 1985-05-21 ·cited 15×
  The court affirmed the Interstate Commerce Commission's decision to exempt Indiana Hi-Rail Corporation from Interstate Commerce Act requirements for acquiring and operating a railroad line, and also affirmed the decision not to impose employee protective conditions.
• Moore v. Custis
  736 F.2d 1260· 8th Cir.· 1984-06-22 ·cited 15×
  The court held that the Veterans Administration Administrator had the authority to order Dr. Moore's transfer as a disciplinary action, and that this decision was not arbitrary and capricious.
• Oliver v. United States Postal Serv.
  696 F.2d 1129· 5th Cir.· 1983-02-03 ·cited 15×
  The court held that placing an employee on paid administrative leave during the notice period for removal or suspension does not violate federal regulations or statutes, as there is no express requirement for the employee to remain on active duty.
• Isle OF Hope Historical Ass'n, Inc. v. United States Army Corps OF Eng'rs & Isle of Hope Marina
  646 F.2d 215· 5th Cir.· 1981-05-29 ·cited 15×
  The court affirmed the lower court's decision, holding that the Environmental Impact Statement (EIS) was adequate and the permits were properly granted, as the Corps of Engineers fulfilled its obligations under NEPA by consulting with local authorities and considering environment
• Tex. Comm. ON Natural Res. v. Bergland
  573 F.2d 201· 5th Cir.· 1978-05-08 ·cited 15×
  The majority holds that clearcutting under interim guidelines does not require an EIS if conducted under existing Church guidelines. The dissenting judge believes an EIS is required for interim management under existing plans.
• The Nat'l Health Fed'n & Gustave E. Heidemann v. Caspar W. Weinberger
  518 F.2d 711· 7th Cir.· 1975-06-04 ·cited 15×
  The court held that the district court did not err in dismissing the complaint, but for different reasons, namely, that the suit should not have been entertained due to identical litigation pending in another forum.
• Saunders Petroleum Co. v. Bowles
  152 F.2d 112· Emer. Ct. App.· 1945-12-03 ·cited 15×
  The court held that the Price Administrator's retroactive order establishing a maximum price was not arbitrary or capricious and was properly issued under the regulation, as the complainant failed to raise statutory and constitutional objections before the Administrator.
• Miccosukee Tribe of Indians of Florida v. United States
  571 F. Supp. 2d 1280· S.D. Fla.· 2008-08-08 ·cited 14×
  The court denied the motion for a preliminary injunction because the plaintiff failed to establish a substantial likelihood of success on the merits, as the DOT's determination that the Tamiami Trail Modification Project was an environmental restoration project, not a transportat
• Crume v. Metro. Life Ins.
  417 F. Supp. 2d 1258· M.D. Fla.· 2006-02-14 ·cited 14×
  The court held that MetLife's denial of disability benefits was not arbitrary and capricious, as the plaintiff failed to provide sufficient objective medical evidence of a disabling psychiatric impairment precluding her from her own occupation.
• Debes v. The City OF KEY W.
  690 So. 2d 700· Fla. 3d DCA· 1997-04-02 ·cited 14×
  The court held that the city's denial of rezoning was arbitrary, discriminatory, and unreasonable, constituting impermissible spot zoning.