Arbitrary and Capricious

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

• Nat'l Labor Relations Bd. v. United Ass'n OF Journeymen & Apprentices OF THE Plumbing & Pipefitting Indus.
  704 F.2d 1164· 9th Cir.· 1983-04-28 ·cited 14×
  The National Labor Relations Board's order is enforced because its interpretation of the collective bargaining agreement was reasonable and supported by substantial evidence, and it properly exercised its authority to decide the jurisdictional dispute.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  703 F.2d 927· 5th Cir.· 1983-04-25 ·cited 14×
  The court held that the Interstate Commerce Commission's order granting Cactus Transport, Inc. a certificate of public convenience and necessity was neither arbitrary nor capricious and was based on substantial evidence.
• Anderson v. U.S. Dep't OF Hous. & Urban Dev.
  701 F.2d 112· 10th Cir.· 1983-02-24 ·cited 14×
  The court held that HUD's denial of the mortgage assignment request was not arbitrary, capricious, or an abuse of discretion, and that the mortgagee did not violate regulations by initiating foreclosure.
• First Nat'l Bank OF Bellaire v. Comptroller OF the Currency
  697 F.2d 674· 5th Cir.· 1983-02-07 ·cited 14×
  The dissenting judge holds that the Comptroller did not err in determining the bank operated with inadequate capital and had the authority to order the recall of an illegal loan to an officer, even after the statutory limit increased.
• Julius Goldman's EGG City v. The United States
  697 F.2d 1051· Fed. Cir.· 1983-01-10 ·cited 14×
  The court held that the Secretary's determination of fair market value for destroyed poultry, including initial and supplemental indemnities, was rational and within statutory discretion, and that the contract required cleaning of the entire premises.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  687 F.2d 104· 5th Cir.· 1982-09-27 ·cited 14×
  The court held that the Interstate Commerce Commission's findings supporting the grant of a certificate of public convenience and necessity were based on substantial evidence and not arbitrary or capricious, and that an oral hearing was not required.
• Woods v. United States
  681 F.2d 988· 5th Cir.· 1982-08-04 ·cited 14×
  The court held that the Coast Guard's admonishment of a vessel operator for negligence was proper, as the operator failed to overcome the presumption of fault arising from a collision with a fixed object.
• Richey Manor, Inc. v. Schweiker
  684 F.2d 130· D.C. Cir.· 1982-07-30 ·cited 14×
  A stock purchase followed by conversion to a not-for-profit corporation does not entitle the provider to a stepped-up basis for depreciation or reimbursement for interest expenses incurred by the purchaser.
• Phelps Dodge Corp. v. Fed. Mine Safety & Health Review Comm'n
  681 F.2d 1189· 9th Cir.· 1982-07-22 ·cited 14×
  The court held that the agency's interpretation of the regulation was not plainly erroneous or inconsistent with its language, and therefore should be affirmed.
• Miranda v. Audia
  681 F.2d 1124· 9th Cir.· 1982-07-19 ·cited 14×
  The court held that the 15-year minimum service vesting rule for the pension fund was not arbitrary or capricious, and thus not a structural deficiency under § 302(c)(5).
• Local 1219 v. Donovan
  683 F.2d 511· D.C. Cir.· 1982-07-13 ·cited 14×
  The court held that the Department of Labor's decision to enter a settlement agreement is subject to limited judicial review under the APA, but the Department did not act arbitrarily in this case.
• Division OF Military AND Naval Affairs v. Fed. Labor Relations Auth.
  683 F.2d 45· 2d Cir.· 1982-06-28 ·cited 14×
  The court held that the Federal Labor Relations Authority (FLRA) incorrectly interpreted statutes to require federal employers to pay per diem and travel expenses for union representatives during collective bargaining.
• Jacques J. Creppel v. The United States Army Corps OF Eng'rs
  670 F.2d 564· 5th Cir.· 1982-03-17 ·cited 14×
  The court held that while the Corps of Engineers' modification of the flood control project was not arbitrary or capricious, it was issued without satisfying the statutory requirement for local assurances regarding future costs.
• Consol. Papers, Inc. v. Nat'l Labor Relations Bd.
  670 F.2d 754· 7th Cir.· 1982-02-12 ·cited 14×
  The court held that the National Labor Relations Board improperly entertained a unit clarification petition filed mid-term of a collective bargaining agreement that clearly defined the bargaining unit, contrary to its own established policy.
• Viacom Int'l Inc. v. Fed. Commc'ns Comm'n & United States
  672 F.2d 1034· 2d Cir.· 1982-02-09 ·cited 14×
  The FCC's declaratory ruling interpreting the financial interest rule not to prohibit networks from acquiring nonbroadcast rights was a permissible interpretation, not an amendment requiring APA rulemaking procedures.
• NEW York State Comm'n ON Cable Television v. Fed. Commc'ns Comm'n & United States
  669 F.2d 58· 2d Cir.· 1982-01-07 ·cited 14×
  The FCC lawfully preempted New York State's regulation of Master Antenna Television (MATV) systems when those systems are used to deliver Multipoint Distribution Service (MDS) programming, as such regulation impeded the development of a federally authorized interstate MDS service
• The First Nat'l Bank IN Sioux Falls v. Nat'l Bank OF S.D. & all its Branches using the name of First Bank of S.D. (N.A.)-Sioux Falls
  667 F.2d 708· 8th Cir.· 1981-12-29 ·cited 14×
  The court held that the Comptroller's approval of a national bank's name change was not arbitrary, capricious, or contrary to law, and that the bank had no proprietary right to the word 'first'.
• Wolf v. United States
  662 F.2d 676· 10th Cir.· 1981-10-28 ·cited 14×
  The court held that a store owner is responsible for employee violations of the Food Stamp Act, and a six-month disqualification is appropriate after a warning.
• State OF Cal. Acting v. Watt
  668 F.2d 1290· D.C. Cir.· 1981-10-06 ·cited 14×
  The court held that the Secretary's designation of two lease sales off California as simply 'California' violated the statutory requirement to specify location 'as precisely as possible'.
• Nevels v. Hanlon
  656 F.2d 372· 8th Cir.· 1981-08-19 ·cited 14×
  The court held that the Commissioner's ex parte communications denied the employee due process, but the award of back pay was barred by the Eleventh Amendment.
• Am. Paper Inst. v. United States Env't Prot. Agency & Douglas M. Costle
  660 F.2d 954· 4th Cir.· 1981-07-28 ·cited 14×
  The court held that the statutory language regarding cost-effectiveness testing was unambiguous and required a specific two-part test. The dissenting judge disagreed, finding the language ambiguous and arguing for deference to the agency's interpretation.
• Smith v. The United States
  654 F.2d 50· Ct. Cl.· 1981-06-17 ·cited 14×
  The Court of Claims denied summary judgment motions and directed the plaintiff to seek vacatur of the district court's transfer order, as the case was improperly transferred.
• Natural Res. Def. Council, Inc. v. U. S. Env't Prot. Agency & Douglas M. Costle
  656 F.2d 768· D.C. Cir.· 1981-05-07 ·cited 14×
  The court held that the EPA's regulations implementing the Clean Water Act's variance provision (section 1311(h)) are reviewable as 'effluent limitations' and that the Administrator's interpretations regarding eligibility, including the lack of a minimum depth requirement and the
• Summers v. The United States
  648 F.2d 1324· Ct. Cl.· 1981-05-06 ·cited 14×
  The court held that the plaintiff was entitled to premium overtime pay for periods where he was subjected to unjustified or unwarranted personnel actions, including improper reassignments and suspensions, as these actions violated procedural requirements and entitled him to back
• Stevens v. Hunt
  646 F.2d 1168· 6th Cir.· 1981-04-20 ·cited 14×
  The court held that the academic dismissals did not violate substantive due process because the students failed to establish a property right or that the University's actions were arbitrary and capricious.
• Gamble v. Interstate Commerce Comm'n & United States
  636 F.2d 1101· 5th Cir.· 1981-02-13 ·cited 14×
  The court held that the Interstate Commerce Commission's denial of emergency temporary authority was not arbitrary, capricious, or unsupported by the record, and that the Commission was not required to consider employee interests or prior levels of competition in such expedited p
• Gracie Robinson and Juanita Hager v. United Mine Workers of Am. Health & Ret. Funds
  640 F.2d 416· D.C. Cir.· 1981-02-05 ·cited 14×
  The court held that the trustees were bound to adhere to the terms of the trust agreement as the discrepancy was not arbitrary or capricious.
• Grieg v. The United States
  640 F.2d 1261· Ct. Cl.· 1981-01-28 ·cited 14×
  The court held that the plaintiff failed to demonstrate legal error in the Officer Effectiveness Report (OER) or the Army Board for the Correction of Military Records' decision, and therefore, the court could not overturn the OER or grant the requested relief.
• Deane R. Schaefer v. The United States
  633 F.2d 945· Ct. Cl.· 1980-07-16 ·cited 14×
  The court held that the plaintiff's removal was proper and affirmed by the Appeals Authority, as the agency followed the correct procedures and its findings were supported by substantial evidence, including admissible hearsay.
• Spokane Cnty. Legal Servs., Inc. v. The Legal Servs. Corp.
  614 F.2d 662· 9th Cir.· 1980-02-28 ·cited 14×
  The court held that the district court had subject matter jurisdiction and that while the procedural due process claims were properly dismissed, the claims regarding the merits of the LSC decision (arbitrary and capricious, statutory violation) require remand for review under a r
• Columbus Cmty. Hosp., Inc. v. Califano
  614 F.2d 181· 8th Cir.· 1980-01-29 ·cited 14×
  The court held that the Secretary erred in disregarding the donated asset regulation and that the hospital's depreciable basis should include the net book value of the donated assets.
• Wilderness Pub. Rights Fund v. Kleppe
  608 F.2d 1250· 9th Cir.· 1979-11-01 ·cited 14×
  The court held that the National Park Service's interim allocation of Colorado River use between commercial and noncommercial users, based on 1972 data, was not arbitrary and that the Administrative Procedure Act's rulemaking requirements did not apply to this matter.
• Am. Motors Corp. v. Fed. Trade Comm'n
  601 F.2d 1329· 6th Cir.· 1979-07-02 ·cited 14×
  The court held that the district court's pretrial management order constituted a preliminary injunction, making it appealable, and that the plaintiffs failed to exhaust their administrative remedies with the FTC before seeking equitable relief.
• Aircraft Owners & Pilots Ass'n v. Fed. Aviation Admin.
  600 F.2d 965· D.C. Cir.· 1979-05-17 ·cited 14×
  The court held that the FAA's no-hazard determination for the proposed tower is supported by substantial evidence and that the substantial evidence standard of review is applicable to informal adjudications when a sufficient record exists.
• Carson Prods. Co. v. Califano
  594 F.2d 453· 5th Cir.· 1979-05-04 ·cited 14×
  The court held that the FDA's denial of trade secret status for Carson's ingredient was supported by substantial evidence and not arbitrary or capricious, and that Carson received adequate due process.
• Winkler v. Andrus
  594 F.2d 775· 10th Cir.· 1979-02-21 ·cited 14×
  The court held that the Department's rejection of an oil and gas lease offer based on the applicant's use of an 'agency' stamp, mistakenly believing it indicated a corporation, was arbitrary and capricious.
• Nat'l Small Shipments Traffic Conf., Inc. v. Interstate Commerce Comm'n & United States
  590 F.2d 345· D.C. Cir.· 1978-10-26 ·cited 14×
  The court held that the Interstate Commerce Commission's order permitting interim reliance on an unvalidated platform study, after the court had previously found the study lacked a sufficient evidentiary basis, contradicted the court's mandate and was arbitrary.
• Nat'l Black Media Coal. & Comm. for Open Media v. Fed. Commc'ns Comm'n & United States
  589 F.2d 578· D.C. Cir.· 1978-10-13 ·cited 14×
  The FCC's decision not to adopt quantitative program standards for broadcast license renewals was a reasonable exercise of its discretion and within its statutory and constitutional authority.
• Fla. Bridge Co. v. Bevis
  363 So. 2d 799· Fla.· 1978-10-05 ·cited 14×
  The Florida Supreme Court reviewed an order by the Public Service Commission reducing tolls for a toll bridge. The court reversed the Commission's disallowance of the president's salary and expense account, and its rejection of capitalized franchise value, finding these actions a
• Natural Res. Def. Council, Inc. v. United States Nuclear Regulatory Comm'n & United States
  582 F.2d 166· 2d Cir.· 1978-07-05 ·cited 14×
  The court held that the Nuclear Regulatory Commission (NRC) is not required by the Atomic Energy Act to make a definitive determination that high-level radioactive wastes can be permanently disposed of safely before issuing operating licenses for nuclear power reactors, nor is it
• Gehrhardt v. Gen. Motors Corp.
  581 F.2d 7· 2d Cir.· 1978-06-21 ·cited 14×
  The court held that GM's classification of the employee as a 'special separation' was supported by a rational basis and was not arbitrary, fraudulent, or in bad faith.
• S. Union Prod. Co. & Aztec Oil & Gas Co. v. Fed. Energy Admin. & Frank G. Zarb
  569 F.2d 1147· Temp. Emer. Ct. App.· 1978-01-31 ·cited 14×
  The court held that the Federal Energy Administration (FEA) has the authority to regulate gas well condensate and that excluding it from the stripper well exemption was not arbitrary or capricious.
• Chem-Haulers, Inc. v. Interstate Commerce Comm'n & United States
  565 F.2d 728· D.C. Cir.· 1977-09-19 ·cited 14×
  The court held that the Interstate Commerce Commission must provide a reasoned explanation, supported by substantial evidence, for its decisions regarding gateway elimination applications, especially when distinguishing between substantial and insubstantial traffic volumes.
• Pearson v. Furnco Constr. Co.
  563 F.2d 815· 7th Cir.· 1977-08-25 ·cited 14×
  The court held that plaintiffs' allegations of seeking employment and prior contact with Furnco were sufficient to establish standing, and that their Title VII claim was timely filed. However, claims against the Union and Secretary of Labor were dismissed.
• ACE Motor Freight, Inc. v. Interstate Commerce Comm'n & United States
  557 F.2d 859· D.C. Cir.· 1977-05-23 ·cited 14×
  The court held that the Interstate Commerce Commission's order denying Ace Motor Freight's application for authority from Columbiana and Frostburg was arbitrary and an abuse of discretion because it treated similarly situated applicants dissimilarly without a rational basis. The
• Cal. & Hawaiian Sugar Co. v. Env't Prot. Agency
  553 F.2d 280· 2d Cir.· 1977-04-14 ·cited 14×
  The court held that the EPA acted reasonably in promulgating effluent limitations guidelines for crystalline cane sugar refineries, considering the transferability of technology and costs.
• Safir v. Kreps
  D.D.C.· 1977-02-11 ·cited 14×
  The court held that the appellant retained standing and that issues regarding the Secretary's discretion to mitigate subsidy recovery were not barred by res judicata or collateral estoppel and required further review.
• Whelan v. Brinegar
  538 F.2d 924· 2d Cir.· 1976-06-17 ·cited 14×
  The court held that the Department of Transportation's decision to change the method of calculating pay raises was not arbitrary and capricious, and appellants were paid in accordance with prevailing maritime industry rates.
• Craft v. The United States
  544 F.2d 468· Ct. Cl.· 1976-06-16 ·cited 14×
  The court held that the Army Physical Review Council's reversal of the Physical Evaluation Board's finding of fitness was invalid due to a failure to provide reasons, and therefore the plaintiff should have been reenlisted rather than permanently separated.
• Powerine OIL Co. v. Fed. Energy Admin.
  536 F.2d 378· Temp. Emer. Ct. App.· 1976-05-28 ·cited 14×
  The court held that the Federal Energy Administration (FEA) did not abuse its discretion in denying Powerine's exception relief from the Entitlements Program, as Powerine failed to demonstrate irreparable harm.