Arbitrary and Capricious

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

• Campbell v. Bowen
  800 F.2d 1247· 4th Cir.· 1986-06-27 ·cited 12×
  The court should reverse the district court's judgment and remand for fixing of attorney's fees.
• Humana, Inc. v. Dep't OF Health & Rehabilitative Servs.
  492 So. 2d 388· Fla. 4th DCA· 1986-04-16 ·cited 12×
  Cypress Community Hospital appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for a cardiac catheterization laboratory in Broward County, Florida. The agency approved competing applications from Plantation General Hospital
• Dixon v. Heckler
  785 F.2d 1102· 2d Cir.· 1986-03-07 ·cited 12×
  The court affirmed the district court's grant of a preliminary injunction against the Secretary's use of "severity regulations" in evaluating disability benefits, finding the regulations likely inconsistent with the Social Security Act.
• Fed. Prop. Mgmt. Corp. v. Dep't of Health & Rehabilitative Servs.
  482 So. 2d 475· Fla. 1st DCA· 1986-01-20 ·cited 12×
  Healthcare providers appealed HRS denials of their certificate of need applications for nursing home beds in Broward County. The court affirmed HRS's discretionary determination that the evidence did not demonstrate exceptional circumstances warranting deviation from the bed need
• Ingersoll-Rand Co. v. United States
  780 F.2d 74· D.C. Cir.· 1985-12-31 ·cited 12×
  The court held that the district court correctly dismissed the case because the plaintiff's claim, despite its framing, was essentially a contractual dispute falling under the exclusive jurisdiction of the Claims Court via the Contract Disputes Act.
• Berniece Larimore v. C.T. Conover
  775 F.2d 890· 7th Cir.· 1985-11-01 ·cited 12×
  The Comptroller of the Currency exceeded his statutory authority by ordering a bank director to personally indemnify the bank for losses without a prior judicial determination of knowing violation.
• Saied Parcham v. Immigr. & Naturalization Serv.
  769 F.2d 1001· 4th Cir.· 1985-08-13 ·cited 12×
  The dissenting judge argues that the Board of Immigration Appeals (BIA) abused its discretion by affirming the immigration judge's decision, which improperly considered the alien's nationality and exercise of First Amendment rights.
• The Grigoleit Co. v. United Rubber
  769 F.2d 434· 7th Cir.· 1985-07-31 ·cited 12×
  The court held that the arbitrator did not exceed his authority by determining the employer acted arbitrarily in refusing to recall an employee, and the district court properly granted summary judgment to enforce the award.
• Donovan v. Adams Steel Erection, Inc.
  766 F.2d 804· 3d Cir.· 1985-07-05 ·cited 12×
  The court held that the general fall protection standard (29 C.F.R. § 1926.105(a)) is not preempted by industry-specific steel erection standards for exterior perimeter falls, and that proof of employee 'access' to a zone of danger, not actual exposure, is sufficient to establish
• Cerro Copper Prods. Co. & Vill. of Sauget v. Ruckelshaus
  766 F.2d 1060· 7th Cir.· 1985-07-01 ·cited 12×
  The court held that the EPA's promulgation of national wastewater pretreatment standards for the copper-forming industry was a fair, reasonable, and proper embodiment of Congressional intent, and that the petitioners' challenge to the removal credit program was untimely.
• Duke Power Co. v. United States Nuclear Regulatory Comm'n
  770 F.2d 386· 4th Cir.· 1985-06-24 ·cited 12×
  The court held that the Nuclear Regulatory Commission's denial of Duke Power Company's request for an exemption to locate its Oconee Nuclear Plant's Emergency Operations Facility (EOF) 125 miles away was not arbitrary, capricious, or an abuse of discretion.
• Haruna Dabone v. Karn
  763 F.2d 593· 3d Cir.· 1985-06-07 ·cited 12×
  The court held that the petitioner's departure from the U.S. for two months on a planned, multi-continent trip constituted a 'meaningfully interruptive' departure, thus subjecting him to exclusion proceedings upon re-entry and rendering him ineligible for discretionary relief und
• McCONNELL v. Meba Medical AND Benefits Plan
  759 F.2d 1401· 9th Cir.· 1985-05-07 ·cited 12×
  The court held that the district court abused its discretion in denying attorneys' fees under ERISA and reversed that decision, while affirming the grant of summary judgment for the plaintiff on the supplemental benefit and the denial of punitive damages and higher prejudgment in
• Int'l Union v. Donovan
  756 F.2d 162· D.C. Cir.· 1985-03-05 ·cited 12×
  The court held that the precedent set in TRAC v. FCC should not be applied retroactively to void otherwise valid orders issued by the District Court prior to transfer.
• Am. Ass'n OF Exporters & Importers-Textile & Apparel Grp. v. The United States
  751 F.2d 1239· Fed. Cir.· 1985-01-04 ·cited 12×
  The Court of Appeals affirmed the lower court's decision, holding that the Court of International Trade had jurisdiction and that the appellant lacked standing to challenge the agency's actions based on statutory interpretation and APA violations.
• Holy Cross Hospital-Mission Hills v. Heckler
  749 F.2d 1340· 9th Cir.· 1984-12-21 ·cited 12×
  The court held that it has jurisdiction to review the Secretary's regulation defining 'personal comfort items' and that the regulation classifying patient bedside telephones as personal comfort items was within the Secretary's statutory authority.
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  738 F.2d 481· D.C. Cir.· 1984-07-06 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of water common carrier authority was arbitrary and capricious because the agency failed to ensure a reasoned decision-making process, lacking sufficient evidence and specificity regarding routes and ports.
• Bertrand v. United States
  726 F.2d 518· 9th Cir.· 1984-02-21 ·cited 12×
  The court held that the one-year disqualification from the Food Stamp Program was a valid sanction, reversing the district court's reduction of the penalty.
• Exxon Pipeline Co. v. United States & Fed. Energy Regulatory Comm'n
  725 F.2d 1467· D.C. Cir.· 1984-01-27 ·cited 12×
  Decisions not to suspend rates and decisions to suspend for short periods are not reviewable, but decisions to suspend for lengthy periods are reviewable.
• Indus. Holographics, Inc. v. Donovan
  722 F.2d 1362· 7th Cir.· 1983-12-20 ·cited 12×
  The court held that the Secretary of Labor had statutory authority to issue regulations requiring employers to offer prevailing wages for alien employment certification and that the agency's prevailing wage determination and denial of certification were not arbitrary or capriciou
• Robinson v. Hadden
  723 F.2d 59· 10th Cir.· 1983-12-12 ·cited 12×
  The Parole Commission may consider evidence of offenses charged in dismissed counts when determining parole eligibility, provided it does not violate a plea agreement or a government representation. The Commission did not abuse its discretion in rating the offense severity or set
• Cal. Cartage Co., Inc. v. United States
  721 F.2d 1199· 9th Cir.· 1983-12-12 ·cited 12×
  The court held that off-dock container freight station operators have standing under the Shipping Act's 'detriment to commerce' standard to challenge a maritime labor agreement that allegedly harms their competitive position.
• Bertie Mae Rhoton v. Central States
  717 F.2d 988· 6th Cir.· 1983-09-22 ·cited 12×
  The court held that the denial of survivor benefits was arbitrary and capricious because the pension plan's language did not support the trustees' interpretation that the election of disability benefits precluded an election of early retirement benefits.
• Sierra Club v. Anne M. Gorsuch
  715 F.2d 653· D.C. Cir.· 1983-08-26 ·cited 12×
  The court lacks jurisdiction because the agency has not taken final action on strip mines, and the matter is not ripe for review.
• Nat'l Labor Relations Bd. v. Yellow Transp. Co.
  709 F.2d 1342· 9th Cir.· 1983-07-08 ·cited 12×
  The court held that the National Labor Relations Board's order to bargain should be enforced because the employer failed to present a prima facie case of misrepresentations that would warrant setting aside the election, even under the prior, more lenient standard.
• Global van Lines, Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 829· 5th Cir.· 1983-05-12 ·cited 12×
  The court held that the Interstate Commerce Commission properly granted contract carrier authority to Bekins Van Lines, finding that the proposed services met the statutory 'distinct needs' test for contract carriage.
• Loveday v. Fed. Commc'ns Comm'n & United States
  707 F.2d 1443· D.C. Cir.· 1983-05-10 ·cited 12×
  The court held that broadcast licensees are not required to conduct extensive investigations into the true sponsorship of political advertisements when presented with undocumented allegations and rebuttals, as long as they exercise reasonable diligence to obtain information from
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  697 F.2d 497· 3d Cir.· 1982-12-29 ·cited 12×
  The court held that the Interstate Commerce Commission's decision to grant Allied Bulk Carriers, Inc. a certificate to operate as a common carrier was supported by substantial evidence and was not arbitrary or capricious.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  694 F.2d 413· 5th Cir.· 1982-12-27 ·cited 12×
  The court held that the Interstate Commerce Commission's order reasonably broadening motor carrier certificates was supported by substantial evidence and within the bounds of the Motor Carrier Act of 1980.
• United States v. Fed. Mar. Comm'n
  694 F.2d 793· D.C. Cir.· 1982-11-16 ·cited 12×
  The court held that the Federal Maritime Commission (FMC) must conduct a more thorough inquiry into the anticompetitive effects of intermodal rate agreements before approving them under Section 15 of the Shipping Act.
• Cities OF Anaheim AND Riverside v. Fed. Energy Regulatory Comm'n
  692 F.2d 773· D.C. Cir.· 1982-11-05 ·cited 12×
  The court held that the Commission's orders were procedural and not ripe for judicial review because they did not inflict irreparable injury and immediate review would invade the agency's province.
• Powell v. Schweiker
  688 F.2d 1357· 11th Cir.· 1982-10-12 ·cited 12×
  The court held that the Secretary improperly denied Supplemental Security Income benefits to children by not allowing them to prove disability through consideration of all pertinent facts, unlike adults.
• City OF Dothan v. Fed. Energy Regulatory Comm'n
  684 F.2d 159· D.C. Cir.· 1982-08-03 ·cited 12×
  The court held that the Federal Energy Regulatory Commission's decision to grant a preliminary permit to the applicant who filed first, when competing applications were deemed equally well adapted to serve the public interest, was supported by substantial evidence and not arbitra
• Kennecott Corp. v. Env't Prot. Agency
  684 F.2d 1007· D.C. Cir.· 1982-07-30 ·cited 12×
  The court held that EPA's 'closure' test for NSO eligibility misinterprets 'reasonably available' under Section 119 and that EPA committed procedural errors by failing to adequately docket data and allow public comment on forecast data.
• Sherman v. Alexander
  684 F.2d 464· 7th Cir.· 1982-07-07 ·cited 12×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and was not arbitrary or capricious, affirming the removal.
• Reba Bredehorst v. The United States
  677 F.2d 87· Ct. Cl.· 1982-04-21 ·cited 12×
  A preference eligible employee of the Postal Service is not entitled to the full procedural rights of a competitive service civil servant in a suspension action, and prior suspensions of less than 30 days need not be accompanied by notice of appeal rights to be considered grounds
• Nat'l Fed'n OF Fed. Emps. & Nat'l Ass'n of Gov't Emps. v. Devine
  671 F.2d 607· D.C. Cir.· 1982-02-19 ·cited 12×
  The court held that the Office of Personnel Management (OPM) had good cause to postpone the federal employees' health benefit open season without prior notice and comment under the Administrative Procedure Act due to unforeseen emergency circumstances.
• Suntex Dairy v. Block
  666 F.2d 158· 5th Cir.· 1982-01-21 ·cited 12×
  The court held that the Secretary's determination that the merged order tended to effectuate the Act's policy was supported by substantial evidence, and that further determinations regarding handler failure and order necessity were discretionary acts not subject to judicial revie
• Taunton Municipal Lighting Plant v. Dep't OF Energy
  669 F.2d 710· Temp. Emer. Ct. App.· 1982-01-05 ·cited 12×
  The court held that the variable-price contract entered into on April 23, 1973, was the relevant 'transaction' for calculating the maximum lawful selling price under the MPPR, and that Ruling 1979-1 was a valid interpretative rule not subject to notice and comment requirements.
• Shell OIL Co. v. Fed. Energy Regulatory Comm'n
  664 F.2d 79· 5th Cir.· 1981-12-17 ·cited 12×
  FERC abused its discretion by applying a 7% interest rate to refunds owed to Shell, when its general regulations mandated a higher rate, without providing valid justification for the departure.
• Bonen v. The United States
  666 F.2d 536· Ct. Cl.· 1981-12-02 ·cited 12×
  The court held that the plaintiff's claim for back pay was time-barred by the six-year statute of limitations, as the AFBCMR's decision did not create a new cause of action under the 'half-a-loaf' doctrine because the plaintiff had not requested full monetary relief.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & the United States
  665 F.2d 1112· D.C. Cir.· 1981-09-02 ·cited 12×
  The court affirmed the FCC's decisions regarding Western Union's petitions and dismissed the IRCs' petitions as premature.
• Holmes Limestone Co. v. Andrus
  655 F.2d 732· 6th Cir.· 1981-08-06 ·cited 12×
  The court held that the district court has jurisdiction to review the regulation defining 'cemetery' and that the statutory provisions for review are not exclusive.
• The Process GAS Consumers Grp. v. U. S. Dep't OF Agric.
  694 F.2d 728· D.C. Cir.· 1981-07-29 ·cited 12×
  The court held that the rule must be remanded because it reverses the statutory scheme by favoring new users in a lower priority classification over new users in the highest priority classification.
• Citizens FOR A Better Env't v. United States Env't Prot. Agency
  649 F.2d 522· 7th Cir.· 1981-05-26 ·cited 12×
  The court held that it lacked jurisdiction to review challenges to the New Source Rules because they were never properly submitted or approved by the USEPA. The court affirmed the USEPA's approval of Rule 203(f) as not arbitrary and capricious.
• United States v. Savare DeFELICE
  641 F.2d 1169· 5th Cir.· 1981-04-09 ·cited 12×
  The court held that the Corps of Engineers had jurisdiction over the private, artificial canal because it was tidal and navigable in fact, and that the dam was not 'currently serviceable' to qualify for a permit exemption.
• Mobil OIL Corp. v. Dep't OF Energy & Charles W. Duncan, Jr.
  647 F.2d 142· Temp. Emer. Ct. App.· 1981-04-07 ·cited 12×
  The court held that the revised judgment, which incorporated statutory language limiting cost pass-through after February 1, 1976, complied with the prior mandate, and affirmed the judgment as modified.
• Citizens Against the Refinery's Effects, Inc. v. United States Env't Prot. Agency
  643 F.2d 178· 4th Cir.· 1981-03-05 ·cited 12×
  The court held that the EPA's issuance of a Prevention of Significant Deterioration (PSD) permit to Hampton Roads Energy Company (HREC) was not arbitrary, capricious, or otherwise unlawful, and therefore affirmed the agency's decision.
• Sharron Motor Lines, Inc. v. United States & Interstate Commerce Comm'n
  633 F.2d 1115· 5th Cir.· 1981-01-05 ·cited 12×
  The court held that the ICC's denial of Sharron's application and its disparate treatment of Sharron compared to competitors was arbitrary and capricious, requiring reversal.
• N. Clackamas Cmty. Hosp. v. Harris
  664 F.2d 701· 9th Cir.· 1980-12-31 ·cited 12×
  The court held that the Provider Reimbursement Review Board (PRRB) rationally determined that the portion of a hospital's purchase price allocated to 'going concern value' (GCV), which was akin to goodwill, was not a reimbursable cost under the Medicare Act.