Arbitrary and Capricious

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

• Paris v. United States Dep't OF Hous. & Urban Dev.
  713 F.2d 1341· 7th Cir.· 1983-08-15 ·cited 13×
  The court held that the district court abused its discretion by consolidating the preliminary injunction hearing with the trial on the merits without providing the plaintiffs with adequate notice and opportunity to present their case.
• Pitzak v. Off. OF Pers. Mgmt.
  710 F.2d 1476· 10th Cir.· 1983-07-14 ·cited 13×
  The court held that while factual determinations of disability are not judicially reviewable, procedural and constitutional claims regarding agency action are subject to review.
• Hall v. Fed. Energy Regulatory Comm'n
  691 F.2d 1184· 5th Cir.· 1982-11-26 ·cited 13×
  The court held that the Federal Energy Regulatory Commission (FERC) abused its discretion in denying Hall Group's application for a waiver of notice requirements, as the Commission's stated reasons lacked sufficient support and misapplied legal principles.
• Ernestine Graham v. Caston
  568 F.2d 1092· 5th Cir.· 1978-03-01 ·cited 13×
  The court held that the Secretary of HUD's failure to review claims under Section 518 is subject to judicial review, despite the statute's provision that the Secretary's decisions are final and unreviewable.
• Ass'n OF Am. Railroads v. Interstate Commerce Comm'n & United States
  564 F.2d 486· D.C. Cir.· 1977-07-29 ·cited 13×
  The court held that the Interstate Commerce Commission's reinterpretation of the 'custom-of-the-trade provision' was arbitrary and capricious, as Congress, through reenactment and legislative history, affirmatively intended to preserve the provision's original meaning.
• RCA Global Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  563 F.2d 1· 2d Cir.· 1977-07-27 ·cited 13×
  The court granted petitions for rehearing and remanded the case to the FCC for further proceedings and findings regarding the 'interim' formula.
• Walker v. Indian River Cnty.
  319 So. 2d 596· Fla. 4th DCA· 1975-10-10 ·cited 13×
  A property owner challenges Indian River County's rezoning of his land from commercial (C-1) to residential (R-1), seeking to use the property for R-3 development. The court affirms the rezoning, holding it supported by competent evidence and the reasonable exercise of the county
• Mountain States Tel. & Tel. Co. v. The United States
  499 F.2d 611· Ct. Cl.· 1974-06-19 ·cited 13×
  The court held that the Forest Service's method of determining permit fees based on the 'value of the use,' specifically by using 'value of the investment,' was a proper exercise of administrative discretion and not arbitrary or capricious.
• Woko, Inc. v. Fed. Commc'ns Comm'n
  153 F.2d 623· D.C. Cir.· 1946-01-21 ·cited 13×
  The court held that the Commission's denial of a license renewal based solely on a past, uninfluential concealment of beneficial stock ownership, without considering the station's service quality or other public interest factors, was arbitrary and capricious.
• Alan Levin Found. v. Bowles
  152 F.2d 467· Emer. Ct. App.· 1945-12-05 ·cited 13×
  The court held that the Price Administrator's interpretation of Order No. 71, requiring sellers to absorb state license fees, was reasonable and not arbitrary or capricious. The court also found no discriminatory application of the order's interest provisions.
• Byars v. THE Coca-Cola Co.
  517 F.3d 1256· 11th Cir.· 2008-02-22 ·cited 12×
  The Eleventh Circuit vacated the district court's judgment regarding "any occupation" benefits and the amount of "own occupation" benefits, remanding for further proceedings. The court affirmed the denial of statutory penalties and prejudgment interest, and the denial of reinstat
• Fla. Game & Fresh Water Fish Comm'n v. Flotilla, Inc.
  636 So. 2d 761· Fla. 2d DCA· 1994-03-16 ·cited 12×
  The Florida Game and Fresh Water Fish Commission appealed a trial court judgment finding it liable for inverse condemnation when discovery of bald eagle nests on a residential development project required creation of habitat preservation zones that restricted development. The app
• United States v. Royal N. Hardage
  982 F.2d 1436· 10th Cir.· 1992-12-21 ·cited 12×
  The court held that a defendant challenging the government's response costs under CERCLA must prove the government's response actions were inconsistent with the NCP, not merely that individual costs were excessive. It also held that a declaratory judgment on liability for future
• Kent Cnty. v. United States Env't Prot. Agency
  963 F.2d 391· D.C. Cir.· 1992-05-01 ·cited 12×
  The court held that the EPA acted arbitrarily and capriciously by using only an unfiltered groundwater sample to calculate the waste characteristics score for the Houston landfill, and vacated the decision to list the site on the National Priorities List.
• Roanoke River Basin Ass'n v. Hudson
  940 F.2d 58· 4th Cir.· 1991-07-03 ·cited 12×
  The court affirmed the Army Corps of Engineers' decision to issue a permit for a water pipeline, finding the decision was not arbitrary, capricious, or unsupported by substantial evidence.
• Int'l Bhd. of Teamsters v. Dep't OF Transp.
  932 F.2d 1292· 9th Cir.· 1991-04-26 ·cited 12×
  The court held that the Federal Highway Administration's drug testing regulations for commercial motor vehicle operators do not violate the Fourth Amendment and were not promulgated arbitrarily or capriciously.
• Matsushita Elec. Indus. Co., Ltd. v. The United States & The United States Int'l Trade Comm'n
  929 F.2d 1577· Fed. Cir.· 1991-04-03 ·cited 12×
  The court held that the Court of International Trade erred in granting a preliminary injunction barring in-house counsel access to proprietary information, as the ITC's decision was not arbitrary, capricious, or an abuse of discretion.
• Blank v. Bethlehem Steel Corp.
  926 F.2d 1090· 11th Cir.· 1991-03-19 ·cited 12×
  The court held that the plan administrator's denial of rule-of-65 benefits was not arbitrary and capricious, as the sale of the division was reasonably distinguished from prior sales deemed 'shutdowns'.
• Jones v. Laborers Health & Welf. Tr. Fund
  906 F.2d 480· 9th Cir.· 1990-06-29 ·cited 12×
  The court held that the district court did not err in granting summary judgment because the Trust Fund did not abuse its discretion in denying benefits for hyperthermia treatment.
• Health Care & Ret. Corp. OF Am., Inc. v. Dep't of Health & Rehabilitative Servs.
  559 So. 2d 665· Fla. 1st DCA· 1990-03-29 ·cited 12×
  Health Care and Retirement Corporation of America (HCR) appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for nursing home beds in Lee County. The court reversed and remanded as to HCR, finding that the Department's denia
• Gen. Motors Corp. v. Nat'l Hwy. Traffic Safety Admin.
  898 F.2d 165· D.C. Cir.· 1990-02-27 ·cited 12×
  The court held that the National Highway Traffic Safety Administration's (NHTSA) decision to deny petitions for retroactive amendments to fuel economy standards was reasonable, as it was based on a permissible interpretation of its statutory authority under the Energy Policy Cons
• Ill. Bell Tel. Co. v. Fed. Commc'ns Comm'n & United States
  883 F.2d 104· D.C. Cir.· 1989-08-01 ·cited 12×
  The court held that the FCC's order conditioning the BOCs' marketing of customer premises equipment on providing independent vendors a meaningful opportunity to market network services was a rational exercise of its authority and not preempted by statute.
• State OF Cal. v. Fed. Energy Regulatory Comm'n
  877 F.2d 743· 9th Cir.· 1989-06-06 ·cited 12×
  The Federal Power Act (FPA) vests exclusive federal authority in FERC to set minimum flow rates for hydroelectric projects, preempting state regulation in this area.
• Liwanag v. Immigr. & Naturalization Serv.
  872 F.2d 685· 5th Cir.· 1989-05-15 ·cited 12×
  The court should have remanded the case to the BIA for reconsideration because the BIA weighed an impermissible factor in denying the waiver.
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  873 F.2d 395· D.C. Cir.· 1989-04-28 ·cited 12×
  The court held that the ICC failed to adequately explain its change in policy regarding the ferry service exemption and remanded for further explanation, but affirmed the grant of temporary operating authority to Viking.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  872 F.2d 438· D.C. Cir.· 1989-04-07 ·cited 12×
  The court held that FERC's termination of the rulemaking was arbitrary and capricious because the agency failed to justify its decision, particularly in light of its own tentative conclusion that the incentive price was contrary to the public interest and potentially violated the
• Quivira Mining Co. v. United States Nuclear Regulatory Comm'n & United States
  866 F.2d 1246· 10th Cir.· 1989-01-27 ·cited 12×
  The court held that the NRC's 1985 Criteria are supported by the required cost-benefit rationalization, and that the agency adequately considered costs and benefits in its rulemaking.
• Mo. Coal. FOR THE Env't v. Corps OF Eng'rs OF the United States Army
  866 F.2d 1025· 8th Cir.· 1989-01-27 ·cited 12×
  The dissenting judge believes the case is moot because the factual predicate for the Corps' decision has disappeared with the team's relocation.
• Torix v. Ball Corp.
  862 F.2d 1428· 10th Cir.· 1988-12-09 ·cited 12×
  The court held that a reasonable interpretation of 'total disability' under an ERISA plan must consider the claimant's ability to pursue gainful employment in light of all circumstances, not a literal interpretation of the plan's terms.
• Sampson v. The Mut. Benefit Life Ins. Co.
  863 F.2d 108· 1st Cir.· 1988-11-30 ·cited 12×
  The court held that the disability insurer's interpretation of its policy, which allowed it to offset workers' compensation benefits even after the workers' compensation insurer was reimbursed by a third-party settlement, was not arbitrary and capricious.
• Zebley v. Otis R. Bowen, M.D.
  855 F.2d 67· 3d Cir.· 1988-08-10 ·cited 12×
  The Secretary's regulations are too restrictive by failing to provide an individualized assessment of functional limitations for disabled children, thus violating the statutory mandate for comparable severity.
• Ala. Power Co. v. Interstate Commerce Comm'n & United States
  852 F.2d 1361· D.C. Cir.· 1988-08-02 ·cited 12×
  The court held that Conrail's motion to intervene should be treated as such and granted, extending the time for filing due to good cause shown. The court would affirm the Commission's action.
• Public Citizen v. Nat'l Hwy. Traffic Safety Admin.
  848 F.2d 256· D.C. Cir.· 1988-06-07 ·cited 12×
  The court held that petitioners lacked standing to sue under the EPCA due to speculative injuries regarding fuel-efficient automobiles, fuel consumption, and environmental concerns.
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  848 F.2d 1246· D.C. Cir.· 1988-05-24 ·cited 12×
  The court held that the Interstate Commerce Commission's (ICC) exemption regulation, which significantly reduced the advance notice period for rail abandonments to states, was arbitrary and capricious because it failed to adequately consider Congress's intent to delegate a crucia
• Graphic Commc'ns Int'l Union v. Salem-Gravure Div. OF World Color Press, Inc.
  843 F.2d 1490· D.C. Cir.· 1988-04-15 ·cited 12×
  The Occupational Safety and Health Review Commission's decision requiring federal district court authorization for non-federal employee experts to conduct discovery inspections of employer premises is reversed as arbitrary and capricious.
• Ulstein Mar., Ltd. v. United States
  833 F.2d 1052· 1st Cir.· 1987-11-25 ·cited 12×
  The court held that the district court had the authority to invalidate the SBA's certificate of competency and order the Navy to re-award the contract, as the SBA's immunity under 15 U.S.C. § 634(b)(1) does not preclude all judicial review or equitable relief in such cases.
• Veg-Mix, Inc. v. U.S. Dep't OF Agric. & United States
  832 F.2d 601· D.C. Cir.· 1987-10-30 ·cited 12×
  The court held that administrative tribunals may admit hearsay evidence under laxer standards and that a majority shareholder can be found 'responsibly connected' under PACA. It affirmed findings for Kuzzens but remanded for further factual determination regarding Harris.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Patricio Hernandez-Cordero and Maria Guadalupe Ortega de Hernandez v. United States Immigr. & Naturalization Serv.
  819 F.2d 558· 5th Cir.· 1987-06-19 ·cited 12×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the application for suspension of deportation, as the hardship faced by the appellants was not "extreme" under the relevant statutory framework.
• Nat'l Tr. FOR Historic Pres. IN the United States v. Dole
  828 F.2d 776· D.C. Cir.· 1987-06-02 ·cited 12×
  The court affirmed the district court's grant of summary judgment, holding that the Federal Highway Administration (FHWA) was not statutorily bound to conduct environmental evaluations under Section 4(f) of the Department of Transportation Act or the National Environmental Policy
• State OF Wash. v. Bowen
  815 F.2d 549· 9th Cir.· 1987-04-20 ·cited 12×
  The Secretary's disapproval of the State's Medicaid plan amendment was arbitrary, capricious, an abuse of discretion, and violated the Deficit Reduction Act of 1984 because the 'name-on-the-check' rule is inconsistent with the Medicaid statute and regulations when applied to comm
• Nat'l Treas. Emps. Union v. Griffin
  811 F.2d 644· D.C. Cir.· 1987-02-06 ·cited 12×
  The court held that the Customs Service's denial of fee waivers for FOIA requests was not arbitrary or capricious because the union failed to demonstrate that the requested information would primarily benefit the general public.
• Horizons Int'l, Inc. v. Baldrige
  811 F.2d 154· 3d Cir.· 1987-01-20 ·cited 12×
  The court held that the district court erred in expanding the administrative record beyond what was before the agency when reviewing the Secretary's decision to issue an export certificate.
• Norwich Eaton Pharms., Inc. v. Bowen
  808 F.2d 486· 6th Cir.· 1987-01-09 ·cited 12×
  The court held that the FDA's determination that Buprenex was approved in 1981 was reasonable and not arbitrary or capricious, reversing the district court's finding that approval occurred in 1985.
• Spezzaferro v. Fed. Aviation Admin.
  807 F.2d 169· Fed. Cir.· 1986-12-05 ·cited 12×
  The court held that the Merit Systems Protection Board (MSPB) did not abuse its discretion in denying petitioners' discovery requests and that the FAA's method of calculating overtime back pay was reasonable and in compliance with law.
• Munnelly v. The United States Postal Serv.
  805 F.2d 295· 8th Cir.· 1986-11-12 ·cited 12×
  The Postal Service lawfully discharged Munnelly because the Postal Reorganization Act eliminated his presidential appointee status, and his financial misconduct created a nexus with the efficiency of the service.
• Carmine Romano v. Baer
  805 F.2d 268· 7th Cir.· 1986-11-05 ·cited 12×
  The Parole Commission may use aggravating factors to continue incarceration beyond guidelines, even if related to the offense, as long as those factors were not used to determine the initial severity category.
• Dep't of Soc. Servs. v. Bowen
  804 F.2d 1035· 8th Cir.· 1986-11-04 ·cited 12×
  The district court's decision, which requires DOSS to seek repayment from the healthcare provider before refunding the state's share of excessive payments, is consistent with the Medicaid program's scheme and should be affirmed.
• Start v. Immigr. & Naturalization Serv.
  803 F.2d 539· 9th Cir.· 1986-10-28 ·cited 12×
  The BIA abused its discretion by failing to consider all relevant factors and by acting contrary to congressional intent when deporting Robert Garcia Start.
• Rinker Materials Corp. v. Town OF Lake Park
  494 So. 2d 1123· Fla.· 1986-08-21 ·cited 12×
  The court held that procedural irregularities in special assessment proceedings were not substantial enough to deny due process, and the Comprehensive Land Use Plan did not apply to the project.