Arbitrary and Capricious

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

• Leefer v. Adm'r, Nat'l Aeronautics & Space Admin.
  543 F.2d 209· D.C. Cir.· 1976-04-07 ·cited 14×
  The court held that the district court properly dismissed the employee's challenge to his transfer, as the administrative record supported the Civil Service Commission's finding that the reassignment was not an adverse action (reduction in rank) and the employee failed to exhaust
• Jonal Corp. v. Dist. of Columbia
  533 F.2d 1192· D.C. Cir.· 1976-03-18 ·cited 14×
  The court held that the Wunderlich Act's "substantial evidence" standard of review applies to disputes arising under District of Columbia contracts, but this limitation may not govern if there are serious defects in the establishment or procedures of the Contract Appeals Board. A
• Peters v. The United States
  534 F.2d 232· Ct. Cl.· 1975-12-17 ·cited 14×
  The court held that the Civil Service Commission's action in returning personnel proposals was a proper exercise of administrative discretion and not arbitrary or capricious, and that the plaintiff was never officially appointed to the higher position.
• Berger v. Bd. OF Psychologist Exam'rs
  521 F.2d 1056· D.C. Cir.· 1975-10-28 ·cited 14×
  The court held that the District of Columbia's licensing statute for psychologists, by creating an irrebuttable presumption of incompetence for practitioners without a graduate degree, violates the Due Process Clause of the Fifth Amendment.
• AIR Transp. Ass'n OF Am. v. Fed. Energy Off.
  520 F.2d 1339· Temp. Emer. Ct. App.· 1975-07-28 ·cited 14×
  The court held that the Federal Energy Administration's regulations regarding aviation fuel prices were not arbitrary, capricious, or irrational, and were a proper exercise of delegated authority.
• Silva v. Secretary OF Labor
  518 F.2d 301· 1st Cir.· 1975-06-10 ·cited 14×
  The court held that the Secretary of Labor's denial of alien labor certification was arbitrary and capricious because the record did not support the finding that United States workers were available for the specific live-in domestic position sought.
• Wiggins v. City OF Jacksonville
  311 So. 2d 406· Fla. 1st DCA· 1975-04-24 ·cited 14×
  The court held that the city ordinance's grandfather clause, which arbitrarily distinguished between master plumbers in different, similarly situated districts, violated the equal protection clauses of the U.S. and Florida Constitutions.
• State OF Neb. v. Norbert T. Tiemann
  510 F.2d 446· 8th Cir.· 1975-01-28 ·cited 14×
  The denial of a temporary restraining order and preliminary injunction is affirmed because the state failed to demonstrate a substantial probability of success on the merits regarding the Administrator's decision to withhold federal highway funds.
• The Elton Orchards, Inc. v. Brennan
  508 F.2d 493· 1st Cir.· 1974-12-19 ·cited 14×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff did not demonstrate a sufficient likelihood of prevailing on the merits, and the government's actions in the alien worker certification process had a rational basis.
• Nat'l Labor Relations Bd. v. Int'l Longshoremen's & Warehousemen's Union
  504 F.2d 1209· 9th Cir.· 1974-08-29 ·cited 14×
  The court held that the National Labor Relations Board's § 10(k) work award was arbitrary and capricious because it failed to properly consider the parties' interpretation of their collective bargaining agreement, which assigned the disputed work to the Longshoremen.
• Testan v. The United States
  499 F.2d 690· Ct. Cl.· 1974-07-19 ·cited 14×
  The court held that it has the power to award back pay for a higher position and can direct reclassification, differing from the trial judge's recommendation.
• Wishart v. McDONALD
  500 F.2d 1110· 1st Cir.· 1974-07-10 ·cited 14×
  A tenured teacher's dismissal for public conduct deemed unbecoming, even if occurring on private property, is not arbitrary or capricious and does not violate due process if the conduct could reasonably be seen as affecting his ability to teach.
• The McCarty Corp. v. The United States
  499 F.2d 633· Ct. Cl.· 1974-06-19 ·cited 14×
  The court held that the Corps of Engineers acted arbitrarily and discriminatorily by improperly correcting a third-party's bid while denying the plaintiff's request to correct its own bid, entitling the plaintiff to recover bid preparation costs.
• Reddy, Inc. v. United States Dep't OF Labor
  492 F.2d 538· 5th Cir.· 1974-04-10 ·cited 14×
  The majority erred in finding the RMA's refusal to certify the alien arbitrary and capricious, misapplying the burden of proof and presumptive correctness of administrative findings.
• United States v. 58.16 Acres OF Land
  478 F.2d 1055· 7th Cir.· 1973-04-13 ·cited 14×
  The denial of a landowner's challenge to the government's right to take property in eminent domain is an appealable order if the challenge raises fundamental issues of bad faith or arbitrariness, even if interlocutory.
• Davis v. Situs Inc.
  275 So. 2d 600· Fla. 1st DCA· 1973-04-10 ·cited 14×
  The appellate court affirmed the trial court's rezoning decision, finding competent substantial evidence supported the lower court's conclusion that the existing zoning was arbitrary, capricious, and confiscatory.
• Hodgson v. Carpenters Resilient Flooring Local Union NO. 2212
  457 F.2d 1364· 3d Cir.· 1972-03-27 ·cited 14×
  A union member cannot intervene as a defendant in the Secretary's action to certify a union election if the Secretary has determined the member's complaints are not meritorious.
• Gould, Inc. v. Chafee
  450 F.2d 667· D.C. Cir.· 1971-06-30 ·cited 14×
  The court held that the district court's dismissal order was vacated because it lacked stated reasons and potentially rested on a doubtful legal premise, requiring remand for clarification or reconsideration.
• A. G. Schoonmaker Co., Inc. v. Resor
  445 F.2d 726· D.C. Cir.· 1971-06-23 ·cited 14×
• Boating Indus. Ass'n & Holsclaw Bros., Inc. v. Hon. Alan S. Boyd
  409 F.2d 408· 7th Cir.· 1969-03-27 ·cited 14×
  The court held that the agency's adoption of Federal Motor Vehicle Safety Standard 108 was not arbitrary or capricious, and that petitioners failed to present adequate grounds for remand.
• Sanford v. United States
  399 F.2d 693· 9th Cir.· 1968-08-27 ·cited 14×
  The court held that judicial relief from the Army Board for Correction of Military Records is unavailable without a showing that the Board's action was arbitrary, capricious, or unsupported by substantial evidence.
• State v. Andersen
  208 So. 2d 814· Fla.· 1968-03-27 ·cited 14×
  The Florida Supreme Court reversed a lower court decision that had held Class D intangible personal property taxes unconstitutional as applied to unsecured promissory notes. The court upheld the legislature's distinction between secured and unsecured intangibles, finding the clas
• Halsey v. Nitze
  390 F.2d 142· 4th Cir.· 1968-01-23 ·cited 14×
  The court held that the administrative agency's decision to discharge the appellant was not arbitrary, capricious, or unsupported by substantial evidence, and thus summary judgment was appropriate.
• Channel 9 Syracuse, Inc. v. Fed. Commc'ns Comm'n
  385 F.2d 969· D.C. Cir.· 1967-09-26 ·cited 14×
  The court affirmed the FCC's grant of microwave applications and CATV waivers, finding the record sufficient to support the decision despite some lack of specificity.
• Indus. Workers OF the World v. Ramsey Clark
  385 F.2d 687· D.C. Cir.· 1967-09-26 ·cited 14×
  The court held that the appellants' claim should not be remanded for further proceedings.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Eastern Greyhound Lines v. Fusco
  323 F.2d 477· 6th Cir.· 1963-10-18 ·cited 14×
  A district court lacks jurisdiction to review a National Labor Relations Board election and certification order when the Board has not admittedly ignored express provisions of the Act, even if the employer alleges the Board's decision was arbitrary or erroneous.
• Houston v. The United States
  297 F.2d 838· Ct. Cl.· 1962-01-12 ·cited 14×
  The court held that the Civil Service Commission's decision to uphold the plaintiff's discharge was not arbitrary or capricious, and therefore, the court lacked jurisdiction to further review the matter.
• Nat'l Labor Relations Bd. v. Nat'l Gas Co.
  215 F.2d 160· 8th Cir.· 1954-08-10 ·cited 14×
  The court denied the National Labor Relations Board's petition for enforcement because the Board had subsequently determined that the facts did not justify its jurisdiction and had issued new regulations that excluded the respondent.
• Nat'l Air Freight Forwarding Corp. v. Civil Aeronautics Bd.
  197 F.2d 384· D.C. Cir.· 1952-04-10 ·cited 14×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying an air freight forwarder's application for operating authority due to its railroad control, nor was its treatment of other applicants discriminatory.
• United States ex rel. Knauff v. McGrath
  181 F.2d 839· 2d Cir.· 1950-03-28 ·cited 14×
  The court reversed the denial of a petition for habeas corpus, ordering that a writ issue to allow the respondents an opportunity to file a return.
• State Airlines, Inc. v. Civil Aeronautics Bd.
  174 F.2d 510· D.C. Cir.· 1949-04-06 ·cited 14×
  The court held that the Civil Aeronautics Board cannot award a certificate of public convenience and necessity to an airline for routes that the airline did not apply for, and that the Board's finding of fitness for such routes lacked evidentiary support.
• Pittsburgh S. S. Co. v. Nat'l Labor Relations Bd.
  167 F.2d 126· 6th Cir.· 1948-04-05 ·cited 14×
  The court held that the National Labor Relations Board's order must be denied enforcement because the trial examiner's findings, adopted by the Board, were demonstrably biased and arbitrary.
• State v. City of St. Petersburg
  133 Fla. 766· Fla.· 1938-08-01 ·cited 14×
  The Florida Supreme Court upheld a city ordinance requiring general contractors to be licensed and examined before issuing building permits, rejecting constitutional challenges based on freedom of contract. The Court held that regulating the construction contracting business is a
• Sierra Lake Reserve v. The City OF Rocklin
  938 F.2d 951· 9th Cir.· 1991-07-09 ·cited 13×
• Chambless v. Masters
  885 F.2d 1053· 2d Cir.· 1989-09-12 ·cited 13×
  The court held that the district court's award of actuarially-adjusted benefits was the functional equivalent of prohibited retroactive benefits, and affirmed the district court's attorney fee award, except for paraprofessional services which require further consideration.
• Kreis v. Secretary of the Air Force
  866 F.2d 1508· D.C. Cir.· 1989-02-07 ·cited 13×
  The court held that a claim for retroactive military promotion is nonjusticiable, but claims challenging the Secretary's denial of corrective action regarding military records are reviewable under the Administrative Procedure Act.
• Griffon v. United States Dep't of Health & Human Servs.
  832 F.2d 51· 5th Cir.· 1987-10-27 ·cited 13×
  The court held that the government's position was substantially justified, denying the petitioner's application for attorneys' fees under the Equal Access to Justice Act.
• Blane Carter v. Tisch
  822 F.2d 465· 4th Cir.· 1987-07-06 ·cited 13×
  The Postal Service was not obligated to assign the plaintiff to a permanent light duty position as a reasonable accommodation for his handicap, especially when such an assignment would conflict with a collective bargaining agreement.
• Fielding v. Int'l Harvester Co.
  815 F.2d 1254· 9th Cir.· 1987-04-23 ·cited 13×
  The court held that the employer's denial of special early retirement benefits was not arbitrary or capricious, as the plan allowed for discretion in granting such benefits.
• Solid State Circuits v. United States Env't Prot. Agency
  812 F.2d 383· 8th Cir.· 1987-02-18 ·cited 13×
  The court held that the punitive damages provision of CERCLA does not violate due process when interpreted to allow a challenge to an EPA order if the party has an objectively reasonable basis for believing the order is invalid or inapplicable.
• Sunshine Health Sys., Inc. v. Bowen
  809 F.2d 1390· 9th Cir.· 1987-02-06 ·cited 13×
  The court held that the district court had jurisdiction and that the regulation 42 C.F.R. § 412.71(a)(2) is invalid because it conflicts with 42 U.S.C. § 1395ww(b)(5).
• Lemke v. Cass Cnty.
  846 F.2d 469· 8th Cir.· 1987-02-04 ·cited 13×
  The court affirmed the district court's grant of summary judgment, finding no error in the judgment.
• Hossein A. Salehi v. Dist. Dir.
  796 F.2d 1286· 10th Cir.· 1986-07-16 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the aliens' claims challenging administrative actions and seeking asylum, as these claims were not direct attacks on their final deportation orders.
• ST. Mary's Hosp. OF Troy v. Blue Cross AND Blue Shield Association/Blue Cross AND Blue Shield OF Greater NEW York
  788 F.2d 888· 2d Cir.· 1986-04-16 ·cited 13×
  The court held that the Medicare Provider Reimbursement Manual's requirements for interest reimbursement on loans from a funded depreciation account were valid and properly applied.
• Amalgamated Transit Union Int'l, AFL-CIO v. Donovan
  767 F.2d 939· D.C. Cir.· 1985-07-09 ·cited 13×
  The court held that Section 13(c) of UMTA mandates the continuation of collective bargaining rights, and the Secretary of Labor cannot certify a labor protective agreement that fails to provide for such continuation, even if state law prohibits it.
• Moosbrugger v. State
  461 So. 2d 1033· Fla. 2d DCA· 1985-01-11 ·cited 13×
  A deputy sheriff was convicted under Florida's official misconduct statute for failing to properly report a recovered stolen radio. The appellate court reversed the conviction, holding that the statute's prohibition on public servants "knowingly refraining" from performing duties
• Deukmejian v. United States Postal Serv.
  734 F.2d 460· 9th Cir.· 1984-06-05 ·cited 13×
  The court held that the Attorney General's office, as a state government agency primarily focused on law enforcement, does not qualify for special third-class bulk mailing rates under the "philanthropic organization" classification.
• City OF Alexandria v. Helms
  728 F.2d 643· 4th Cir.· 1984-02-28 ·cited 13×
  The district court lacked jurisdiction to issue a preliminary injunction because the FAA's decision to authorize a temporary flight pattern test constituted a final order reviewable exclusively by the Courts of Appeals, and the National Environmental Policy Act did not provide an
• Griffis v. DELTA Family-Care Disability and Survivorship Plan and Delta Family Care Medical Plan
  723 F.2d 822· 11th Cir.· 1984-01-23 ·cited 13×
  The court affirmed the district court's grant of summary judgment, holding that the administrative committee's decision to deny benefit reinstatement was not arbitrary or capricious.