Arbitrary and Capricious

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

• Chritton v. Nat'l Transp. Safety Bd.
  888 F.2d 854· D.C. Cir.· 1989-10-27 ·cited 10×
  The court affirmed the NTSB's decision, holding that the pilot's actions were not excused by the emergency defense because the adverse weather and the presence of power lines were foreseeable, and the passenger's medical need did not constitute the type of emergency contemplated
• SAN Diego AIR Sports Ctr., Inc. v. Fed. Aviation Admin.
  887 F.2d 966· 9th Cir.· 1989-10-18 ·cited 10×
  The FAA's letter banning parachuting in the San Diego TCA is a substantive rule that was issued without complying with the notice and comment requirements of the Administrative Procedure Act, rendering it invalid.
• DKT Mem'l Fund Ltd. v. Agency FOR Int'l Dev.
  887 F.2d 275· D.C. Cir.· 1989-10-10 ·cited 10×
  The Agency for International Development (AID) unconstitutionally deployed its funds to restrain the privately-funded speech and association of domestic nongovernmental organizations (NGOs) engaged in family planning work overseas by conditioning aid on foreign NGOs not associati
• Mobil OIL Corp. v. Fed. Energy Regulatory Comm'n
  886 F.2d 1023· 8th Cir.· 1989-09-26 ·cited 10×
  The court held that FERC's approval of Northern Natural Gas's settlement rates for transportation services under Order No. 436 was not arbitrary or capricious and was supported by reasoned consideration, thus affirming FERC's decision.
• Watson v. Ark. Nat'l Guard
  886 F.2d 1004· 8th Cir.· 1989-09-22 ·cited 10×
  Civilian courts cannot review intra-military personnel disputes, including claims for injunctive relief, due to the need to preserve military discipline and Congress's plenary authority over the military.
• Blaine P. Thompson v. United States Dep't OF Labor
  885 F.2d 551· 9th Cir.· 1989-09-08 ·cited 10×
  The Secretary of Labor cannot unilaterally add a dismissal 'with prejudice' to a settlement agreement when the parties expressly agreed to remain silent on the issue of prejudice, as this adds a material condition not agreed upon and potentially alters the scope of res judicata.
• Wallace v. The Firestone Tire & Rubber Co.
  882 F.2d 1327· 8th Cir.· 1989-08-21 ·cited 10×
  The court held that the claims are governed by ERISA and that the district court erred in applying the arbitrary and capricious standard of review instead of the de novo standard mandated by Bruch.
• GUN S., Inc. v. Brady
  877 F.2d 858· 11th Cir.· 1989-06-30 ·cited 10×
  The court held that the Secretary may temporarily suspend approved firearm import permits to reassess their sporting purpose, despite the 1986 amendment making such importations mandatory.
• West v. Bowen
  879 F.2d 1122· 3d Cir.· 1989-06-30 ·cited 10×
  The court held that the Secretary's interpretation of 'receives' in the Food Stamp Act is due little deference due to inconsistency and contrary purpose, and that disabled persons should receive food stamps retroactively.
• Webb v. Hodel
  878 F.2d 1252· 10th Cir.· 1989-06-19 ·cited 10×
  The court held that the spouse of a BLM employee did not acquire a prohibited indirect interest in unpatented mining claims solely by virtue of her marriage, and thus the claims could not be voided under the statute and regulations.
• State OF Or. v. The Bureau OF Land Mgmt.
  876 F.2d 1419· 9th Cir.· 1989-06-07 ·cited 10×
  The court held that the burden of proof should be on the BLM to demonstrate the validity of transactions when challenging Oregon's land claims, and that the BLM's 'master deed' theory for title transfer was inconsistent with established practice.
• Tallahassee Branch OF THE NAACP & the Nat'l Black Media Coal. v. Fed. Commc'ns Comm'n
  870 F.2d 704· D.C. Cir.· 1989-03-21 ·cited 10×
  The court held that the FCC acted within its discretion in granting license renewals conditioned on reporting requirements, even when EEO programs were deficient, as long as there was no evidence of intentional discrimination.
• Kolek v. Engen
  869 F.2d 1281· 9th Cir.· 1989-03-09 ·cited 10×
  The court held that it has jurisdiction to hear the appeal, even though it was initially filed in the district court, and that the NTSB's order affirming the revocation of the pilot's certificate was not an abuse of discretion.
• Booker Creek Preservation v. Sw. Fla. Water Mgmt. Dist.
  534 So. 2d 419· Fla. 5th DCA· 1988-09-22 ·cited 10×
  Environmental groups challenged twelve exemptions to the Southwest Florida Water Management District's newly adopted rule establishing permitting criteria for isolated wetlands under section 373.414. The court agreed in part, invalidating most of the challenged exemptions as exce
• Blue v. Lacy
  857 F.2d 479· 8th Cir.· 1988-09-20 ·cited 10×
  The Parole Commission may consider disputed allegations of criminal activity in a PSI, even if the sentencing court disregarded them, if the Commission finds the information sufficiently accurate for its purposes.
• Paxton v. Sec'y OF Health & Human Servs.
  856 F.2d 1352· 9th Cir.· 1988-09-08 ·cited 10×
  The court held that the Secretary's policy of automatically counting the dependent's portion of VA benefits as unearned income to the dependent for SSI purposes is invalid.
• The Commonwealth OF Mass. v. United States
  856 F.2d 378· 1st Cir.· 1988-09-06 ·cited 10×
  The court held that the Nuclear Regulatory Commission's (NRC) regulation incorporating the 'realism doctrine' into its evaluation of nuclear power plant emergency plans was not arbitrary, capricious, or beyond its statutory authority. The court found the doctrine's presumption th
• Nat'l Treas. Emps. Union v. Horner
  854 F.2d 490· D.C. Cir.· 1988-08-19 ·cited 10×
  The court held that OPM's decision to except government jobs from the competitive civil service was subject to judicial review and was arbitrary and capricious due to a lack of supporting data.
• State OF La. v. Verity
  853 F.2d 322· 5th Cir.· 1988-08-15 ·cited 10×
  The court held that the regulations requiring turtle excluder devices (TEDs) or limited tow times for shrimp trawlers were not arbitrary and capricious, nor did they violate equal protection.
• Env't Def. Fund v. U.S. Env't Prot. Agency & Lee M. Thomas
  852 F.2d 1309· D.C. Cir.· 1988-07-29 ·cited 10×
  The court held that the EPA's decision to regulate mining wastes under Subtitle D rather than Subtitle C was a permissible interpretation of the Resource Conservation and Recovery Act (RCRA) and not arbitrary or capricious.
• State OF NEW York v. U.S. Env't Prot. Agency & William Ruckelshaus
  852 F.2d 574· D.C. Cir.· 1988-07-22 ·cited 10×
  The Environmental Protection Agency's denial of petitions under section 126(b) of the Clean Air Act was based on a reasonable interpretation of the relevant statutes and was not arbitrary or capricious. However, New York's petition is remanded for submission of new data.
• Summersgill Dardar v. Lafourche Realty Co., Inc.
  849 F.2d 955· 5th Cir.· 1988-07-18 ·cited 10×
  The court held that a denial of interim attorney's fees is not an appealable final order because it is neither conclusive nor effectively unreviewable on appeal from a final judgment.
• Edison Elec. Inst. v. Occupational Safety and Health Administration
  849 F.2d 611· D.C. Cir.· 1988-06-07 ·cited 10×
  The court held that the Edison Electric Institute failed to demonstrate that OSHA's revised electrical standards altered the scope of the utility exclusion from coverage, and that OSHA's acknowledgment of a ministerial error regarding laboratory testing requirements was sufficien
• Taylor v. United States
  848 F.2d 715· 6th Cir.· 1988-06-06 ·cited 10×
  The court held that Balisong knives, due to their design and intended use as described by the importer, fall within the statutory definition of switchblade knives, and the Customs Service's interpretation was rational and entitled to deference.
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Am. Fed'n OF Gov't Emps., SSA Council 220, AFL-CIO v. Fed. Labor Relations Auth.
  840 F.2d 925· D.C. Cir.· 1988-02-23 ·cited 10×
  The court held that while the FLRA has discretion to balance agency efficiency against employee rights when fashioning remedies, it must specifically analyze the impact of each component of a proposed remedy, including individualized 'make whole' relief, and cannot summarily deny
• Bachelder v. Commc'ns Satellite Corp.
  837 F.2d 519· 1st Cir.· 1988-01-21 ·cited 10×
  The court held that the Summary Plan Description (SPD) was ambiguous and the Plan itself provided sufficient guidance on the timing of cash distributions, and that participants could not recover based on the SPD without showing significant reliance or prejudice.
• Gulf Coast Home Health Servs. OF Fla., Inc. v. State
  513 So. 2d 704· Fla. 1st DCA· 1987-09-11 ·cited 10×
  Gulf Coast Home Health Services challenged HRS's revised methodology for reviewing home health agency certificates of need (CONs) as an invalid exercise of agency authority, seeking circuit court enforcement of a prior administrative order invalidating the original rule. The cour
• Branch v. Fed. Commc'ns Comm'n & the United States
  824 F.2d 37· D.C. Cir.· 1987-07-21 ·cited 10×
  The court correctly holds that the Commission's 'newscaster candidacy' rule passes muster under Chevron, deferring to the agency's reasonable interpretation of an ambiguous statute.
• Creighton Omaha Reg'l Health Care Corp. v. Otis R. Bowen, M.D.
  822 F.2d 785· 8th Cir.· 1987-07-01 ·cited 10×
  The court held that the Secretary's interpretation of "special care unit" criteria was reasonable and supported by substantial evidence, but the classification of the computerized arrhythmia monitoring system as an "ancillary service" required further factual determination.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Gen. Chem. Corp. v. United States & Interstate Commerce Comm'n
  817 F.2d 844· D.C. Cir.· 1987-05-01 ·cited 10×
  The court held that the ICC's finding of no market dominance was arbitrary and capricious because its analysis of geographic competition was internally inconsistent and inadequately explained.
• HY Chan Banh v. United States
  814 F.2d 1358· 9th Cir.· 1987-04-14 ·cited 10×
  The court held that the district court erred in overturning the agency's imposition of a five-year fine because the evidence supported the finding that it was the market's practice to accept food stamps for ineligible items, and the sanction was not arbitrary and capricious.
• Cleghorn v. Herrington
  813 F.2d 992· 9th Cir.· 1987-03-27 ·cited 10×
  The court held that the Department of Energy's physical fitness regulations for nuclear facility security guards were not arbitrary or capricious, and that a claim alleging violations of Title VII standards could not be brought under the APA.
• City OF NEW York v. Fed. Commc'ns Comm'n & United States
  814 F.2d 720· D.C. Cir.· 1987-03-20 ·cited 10×
  The court held that the FCC's interpretation of the Cable Act, allowing preemption of local technical standards for Class I cable channels, was not supported by clear congressional intent.
• Bethesda Hosp. v. Sec'y OF Health & Human Servs.
  810 F.2d 558· 6th Cir.· 1987-02-02 ·cited 10×
  The court held that the 1986 Malpractice Rule did not moot the case and that the district court correctly found the PRRB lacked jurisdiction over claims where hospitals self-disallowed costs without adequately presenting a dispute to the fiscal intermediary.
• Calumet Indus., Inc. v. Brock
  807 F.2d 225· D.C. Cir.· 1986-12-19 ·cited 10×
  The court held that petitioners lack prudential standing to challenge OSHA's Notice of Interpretation because their interests are not arguably within the zone of interests protected or regulated by the OSH Act.
• State of Wis. v. Bowen
  797 F.2d 391· 7th Cir.· 1986-07-21 ·cited 10×
  The court held that the Secretary's rule mandating automatic transfer of nursing home patients based solely on recertification of care level, without regard to physician judgment or patient well-being, is an unfounded leap and an improper intrusion into medical decision-making.
• Nat'l Black Media Coal. & The N.Y. Affiliate v. Fed. Commc'ns Comm'n & United States
  791 F.2d 1016· 2d Cir.· 1986-05-27 ·cited 10×
  The FCC's order is overturned because it failed to provide adequate notice of its intent to abandon the minority preference policy and relied on undisclosed data, rendering the decision arbitrary and capricious.
• Smith v. United States Postal Serv.
  789 F.2d 1540· Fed. Cir.· 1986-04-24 ·cited 10×
  The court held that the Merit Systems Protection Board's decision sustaining the removal of an employee was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and that any procedural errors were harmless.
• Nat'l Treas. Emps. Union v. Roscoe L. Egger
  783 F.2d 1114· D.C. Cir.· 1986-02-25 ·cited 10×
  The Civil Service Reform Act (CSRA) precludes district court review of federal employees' claims challenging a reclassification of their positions from one pay system to another, as these claims constitute a prohibited personnel practice appealable to the Office of Special Counse
• Mattingly v. Heckler
  784 F.2d 258· 7th Cir.· 1986-02-21 ·cited 10×
  The court's majority found the disparity in income allowances for institutionalized spouses to be reasonable, but the dissenter disagreed.
• Cumberland Med. Ctr. v. Sec'y OF Health & Human Servs.
  781 F.2d 536· 6th Cir.· 1986-01-15 ·cited 10×
  The court held the Malpractice Rule invalid as arbitrary and capricious and in violation of the Medicare Act, ordering reimbursement under the prior regulation.
• Balboa Ins. Co. v. The United States
  775 F.2d 1158· Fed. Cir.· 1985-10-28 ·cited 10×
  The court held that both the Claims Court and the appellate court have jurisdiction over a Miller Act surety's claim for improperly disbursed funds, and that summary judgment was improper because material facts regarding the government's exercise of discretion were in dispute.
• Ala. Power Co. v. Fed. Commc'ns Comm'n & United States
  773 F.2d 362· D.C. Cir.· 1985-09-24 ·cited 10×
  The court held that the FCC's calculation of maximum pole attachment rates was flawed due to mathematical and conceptual errors, and inconsistent application of accounting principles.
• The Nat'l Ass'n OF Broadcasters v. Copyright Royalty Tribunal
  772 F.2d 922· D.C. Cir.· 1985-08-30 ·cited 10×
  The court upheld the Copyright Royalty Tribunal's decisions regarding royalty distributions for 1979 and 1980, finding them to be within the zone of reasonableness and supported by substantial evidence.
• In re Three Mile Island Alert, Inc. v. United States Nuclear Regulatory Comm'n
  771 F.2d 720· 3d Cir.· 1985-08-27 ·cited 10×
  The court held that the Commission's order lifting the shutdown of TMI-1 was not arbitrary, capricious, or contrary to law, and that the proceedings did not violate Section 189(a) of the Atomic Energy Act.
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  768 F.2d 450· D.C. Cir.· 1985-08-06 ·cited 10×
  The court held that the Federal Energy Regulatory Commission's successor orders authorizing special marketing programs were arbitrary and capricious due to a failure to provide a reasoned basis for excluding certain customers, but allowed the orders to remain in effect until thei
• Phoenix Baptist Hosp. & Med. Ctr., Inc. v. Heckler
  767 F.2d 1304· 9th Cir.· 1985-08-05 ·cited 10×
  The court held that the Secretary's determination that a land investment is not a sufficiently liquid or conservative investment for funded depreciation is reasonable and consistent with Medicare regulations.
• White v. United States Postal Serv.
  768 F.2d 334· Fed. Cir.· 1985-07-25 ·cited 10×
  The court held that the Merit Systems Protection Board's finding of a nexus between the petitioner's off-duty misconduct (leaving the scene of a fatal accident and tampering with evidence) and the efficiency of the Postal Service was supported by substantial evidence.