Arbitrary and Capricious

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

• Alaska Airlines, Inc. v. Donovan
  766 F.2d 1550· D.C. Cir.· 1985-07-16 ·cited 10×
  The unconstitutional legislative veto provision in section 43(f) of the Airline Deregulation Act of 1978 is severable from the remainder of the employee protection provisions.
• Cities OF Newark v. Fed. Energy Regulatory Comm'n & Delmarva Power & Light Co.
  763 F.2d 533· 3d Cir.· 1985-06-03 ·cited 10×
  The court held that a timely petition for review filed after a second Commission order on rehearing tolls the sixty-day period for review of the initial order on rehearing, allowing all issues to be raised.
• Univ. Cmty. Hosp. v. Dep't OF Health & Rehabilitative Servs.
  472 So. 2d 756· Fla. 2d DCA· 1985-05-22 ·cited 10×
  The court held that the Department of Health and Rehabilitative Services' (HRS) denial of a Certificate of Need (CON) to University Community Hospital (UCH) was arbitrary and capricious because HRS failed to consider the special circumstances justifying a previously approved CON
• Aluminum Co. OF Am. v. Interstate Commerce Comm'n & United States
  761 F.2d 746· D.C. Cir.· 1985-05-10 ·cited 10×
  The court held that the Interstate Commerce Commission's finding of no market dominance was not arbitrary or capricious, and that procedural challenges were without merit.
• Hunt v. Dep't of Health & Human Servs.
  758 F.2d 608· Fed. Cir.· 1985-03-27 ·cited 10×
  The court affirmed the arbitrator's decision upholding the petitioner's discharge, finding that the violations were egregious and warranted removal.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• Bedford Cnty. Gen. Hosp. v. Heckler
  757 F.2d 87· 6th Cir.· 1985-03-07 ·cited 10×
  The court held that federal courts have subject matter jurisdiction to review the validity of Medicare regulations and that the regulation classifying patient telephones as non-reimbursable personal comfort items was not arbitrary or capricious.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Nat'l Ass'n of Regulatory Util. Comm'rs v. Fed. Commc'ns Comm'n & United States
  746 F.2d 1492· D.C. Cir.· 1984-10-26 ·cited 10×
  The FCC has jurisdiction to regulate the resale and sharing of intrastate WATS when used to terminate interstate communications, and it did not act arbitrarily by relying on prior factual findings.
• Moret v. Karn
  746 F.2d 989· 3d Cir.· 1984-10-24 ·cited 10×
  The court held that the termination of the alien's parole was an abuse of discretion because the INS failed to make the required finding of a clear and imminent danger to the community.
• Hartigan v. Fed. Home Loan Bank Bd. & Fed. Sav. & Loan Ins. Corp.
  746 F.2d 1300· 7th Cir.· 1984-10-22 ·cited 10×
  Emergency acquisitions approved by FSLIC under Section 123 of the Garn Act are subject to judicial review under Section 408(k) of the National Housing Act, and the "committed to agency discretion" exception does not preclude review when statutory guidelines exist. Only FSLIC, not
• The Comm'r OF Transp. OF the State OF NEW York v. United States & Interstate Commerce Comm'n
  750 F.2d 163· 2d Cir.· 1984-09-18 ·cited 10×
  The court held that the Interstate Commerce Commission (ICC) acted within its statutory authority by preempting New York's intrastate bus fare regulation and prescribing its own rates, finding the ICC's interpretation of the Bus Regulatory Reform Act of 1982 reasonable and its de
• Ariz. Pub. Serv. Co. v. United States & Interstate Commerce Comm'n
  742 F.2d 644· D.C. Cir.· 1984-09-07 ·cited 10×
  The court held that the ICC Review Board's decision finding no market dominance was arbitrary and capricious because it ignored substantial evidence of effective competition, particularly regarding intermodal truck competition and product competition.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  736 F.2d 1094· 5th Cir.· 1984-07-23 ·cited 10×
  The Commission improperly granted broad motor common carrier authority without requiring the applicant to demonstrate fitness and willingness to transport commodities in bulk.
• AIR Pollution Control Dist. OF Jefferson Cnty. v. The United States Env't Prot. Agency
  739 F.2d 1071· 6th Cir.· 1984-07-10 ·cited 10×
  The court affirmed the EPA's denial of Jefferson County's petition for interstate pollution abatement, finding no procedural errors or arbitrary and capricious substantive decision-making.
• Allen v. Hadden
  738 F.2d 1102· 10th Cir.· 1984-07-10 ·cited 10×
  The court held that the Parole Commission did not impermissibly "double-count" factors by using the same facts to determine offense severity and to justify a parole decision outside the guidelines, as the factors were related but distinct.
• Beth Israel Hosp. v. Heckler
  734 F.2d 90· 1st Cir.· 1984-05-18 ·cited 10×
  The court held that the Secretary's interpretation of Medicare cost reimbursement regulations regarding labor/delivery rooms was legally flawed and remanded for further proceedings.
• Coll. OF Am. Pathologists v. Heckler
  734 F.2d 859· D.C. Cir.· 1984-05-11 ·cited 10×
  The court held that the challenged HHS regulations distinguishing between Medicare Part A and Part B reimbursement for clinical pathologists are reasonable and within the Secretary's statutory authority, and that the district court had jurisdiction to hear the case.
• Int'l Ladies' Garment Workers' Union v. Donovan
  733 F.2d 920· D.C. Cir.· 1984-04-30 ·cited 10×
  The Court of Appeals holds that the District Court erred in recharacterizing the appellants' motion as one for preliminary injunction and remands for the District Court to determine if the Secretary violated the prior mandate.
• Nat'l Labor Relations Bd. v. The Wash. Star Co.
  732 F.2d 974· D.C. Cir.· 1984-04-24 ·cited 10×
  The court held that the Board's rejection of the Star's exceptions as untimely was arbitrary and capricious, given the good-faith effort to file and lack of prejudice to any party.
• Local 32, Afge, AFL-CIO v. Fed. Labor Relations Auth.
  728 F.2d 1526· D.C. Cir.· 1984-03-13 ·cited 10×
  The court held that the FLRA's decision that Proposal II was nonnegotiable was not arbitrary or contrary to law, but reversed and remanded the decision regarding Proposal VI, finding it negotiable as an appropriate arrangement.
• William F. Grigsby & the Nat'l Weather Serv. Emps. Org. v. U.S. Dep't OF Commerce
  729 F.2d 772· Fed. Cir.· 1984-03-12 ·cited 10×
  The court held that an SF-50 form is not determinative of an employee's status if there is demonstrable ministerial error in its execution, and the government is not estopped from correcting such errors if the employee did not rely on them.
• Boston Carrier, Inc. v. Interstate Commerce Comm'n & United States
  728 F.2d 1508· D.C. Cir.· 1984-03-02 ·cited 10×
  The court held that the Interstate Commerce Commission's finding that Habit Motor Lines was fit to receive a certificate of public convenience and necessity was supported by substantial evidence and not arbitrary or capricious.
• Erickson Transp. Corp. v. Interstate Commerce Comm'n & United States
  728 F.2d 1057· 8th Cir.· 1984-02-27 ·cited 10×
  The court held that the ICC failed to make sufficient findings that Stewco, Inc. was fit, willing, and able to provide the service, and failed to provide sufficient findings to support its decision regarding transportation policy factors.
• Wyo. Hosp. Ass'n v. Harris
  727 F.2d 936· 10th Cir.· 1984-02-06 ·cited 10×
  The court held that the 1979 regulations issued under the Hill-Burton Act were within the Secretary's statutory authority and rationally based, and did not unconstitutionally impair the hospitals' rights.
• Wermager v. Cormorant Twp. Bd.
  716 F.2d 1211· 8th Cir.· 1983-09-23 ·cited 10×
  The court held that the Wermagers did not possess a vested right to develop their land into smaller lots, and the zoning ordinance was validly applied.
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  717 F.2d 408· 7th Cir.· 1983-09-15 ·cited 10×
  The court held that the ICC's decision setting the purchase price for the railroad line was arbitrary and capricious due to an erroneous reading of the record, but affirmed the other ICC orders.
• Wilkett v. Interstate Commerce Comm'n & United States
  710 F.2d 861· D.C. Cir.· 1983-06-24 ·cited 10×
  The Commission erred in denying expanded motor carrier authority by improperly equating the company's fitness with the proprietor's criminal convictions and failing to apply its own established standards for evaluating fitness.
• Turner v. Off. OF Pers. Mgmt.
  707 F.2d 1499· D.C. Cir.· 1983-05-17 ·cited 10×
  The court held that the Merit Systems Protection Board (MSPB) erred in denying disability retirement based on an unclear rationale and by imposing legal burdens not found in the statute. The court remanded the case for a proper redetermination.
• Jackson v. Fla. Parole & Prob. Comm'n
  429 So. 2d 1306· Fla. 1st DCA· 1983-04-14 ·cited 10×
  The court held that the Florida Parole and Probation Commission abused its discretion by arbitrarily extending the presumptive parole release date without sufficient justification.
• Louisiana-Pacific Corp. v. Block
  694 F.2d 1205· 9th Cir.· 1982-12-21 ·cited 10×
  The court held that the Forest Service's October memorandum was an interpretative rule, not subject to formal APA rulemaking procedures, and that the Forest Service did not abuse its discretion in applying the small business set-aside program in Mendocino.
• Otto v. Block
  693 F.2d 472· 5th Cir.· 1982-12-13 ·cited 10×
  The court held that the magistrate erred in reducing the Food and Nutrition Service's one-year disqualification of Mike's Food Store from the Food Stamp Program, as the violations were serious and reflected store policy.
• Nat'l Cable Television Ass'n v. Copyright Royalty Tribunal
  689 F.2d 1077· D.C. Cir.· 1982-09-10 ·cited 10×
  The court affirmed the Copyright Royalty Tribunal's decision to adjust royalty rates by 21% but remanded for clarification on the calculation of the 1980 adjustment factor.
• Giesler v. Merit Sys. Prot. Bd. of the United States (department of Transp.
  686 F.2d 844· 10th Cir.· 1982-08-18 ·cited 10×
  The court held that the FAA did not commit harmful error by failing to follow its regulations or breach its contractual duty under the PATCO agreement, and that the imposed suspension was for good cause promoting the efficiency of the service.
• The Cleveland Elec. Illuminating Co. v. Interstate Commerce Comm'n & United States
  685 F.2d 170· 6th Cir.· 1982-08-12 ·cited 10×
  The court's conclusion that the ICC's denial of relief was not arbitrary or capricious is disagreed with.
• Providence Rd. Cmty. Ass'n v. Env't Prot. Agency (EPA)
  683 F.2d 80· 4th Cir.· 1982-07-01 ·cited 10×
  The court held that the EPA's decision not to prepare an Environmental Impact Statement (EIS) was not arbitrary and that the notice provided, while not explicit, complied with federal requirements.
• United States AIR Force v. Fed. Labor Relations Auth.
  681 F.2d 466· 6th Cir.· 1982-06-23 ·cited 10×
  The court held that the FLRA's finding of an unfair labor practice was contradictory and not in accordance with law, denying enforcement of its order.
• Nat'l Mar. Union of Am., Afl-Cio v. The United States
  682 F.2d 944· Ct. Cl.· 1982-06-16 ·cited 10×
  The court held that the Executive Department acted without statutory authority in imposing wage caps by ignoring Congressional guidelines set forth in prevailing rate statutes.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Energy Regulatory Comm'n
  676 F.2d 763· D.C. Cir.· 1982-04-20 ·cited 10×
  The court affirmed FERC's approval of an end-use curtailment plan that did not require compensation for customers experiencing below-average curtailment, finding it was not arbitrary or capricious and did not violate the Natural Gas Act.
• Amusement & Music Operators Ass'n v. Copyright Royalty Tribunal
  676 F.2d 1144· 7th Cir.· 1982-04-16 ·cited 10×
  The court held that the Copyright Royalty Tribunal's final rule establishing a new jukebox royalty fee was lawful and supported by the record, and that the arbitrary and capricious standard of review was appropriate.
• Georgia-Pacific Corp. v. United States Env't Prot. Agency
  671 F.2d 1235· 9th Cir.· 1982-03-18 ·cited 10×
  The court held that the ninety-day period for filing a petition for review begins upon the petitioner's receipt of notice of the agency's denial, not the date of the denial itself, and that Georgia-Pacific waived its right to an adversarial hearing by failing to request one.
• Darby v. Internal Revenue Serv. & Merit Sys. Prot. Bd.
  672 F.2d 192· D.C. Cir.· 1982-03-05 ·cited 10×
• Elec. Smith, Inc. v. Secretary OF Labor
  666 F.2d 1267· 9th Cir.· 1982-02-04 ·cited 10×
  The court held that a subcontractor who did not create or control hazardous conditions, but took reasonable and realistic measures to protect its employees, should not be held responsible for violations of OSHA regulations.
• Dancy v. The United States
  668 F.2d 1224· Ct. Cl.· 1982-01-13 ·cited 10×
  The court affirmed the MSPB's decision to uphold the plaintiff's separation, finding the agency's failure to notify the plaintiff of his predecessor's reemployment rights to be harmless error. The court also denied the plaintiff's request to transfer his tort claim to district co
• Ohio Power Co. v. Fed. Energy Regulatory Comm'n
  668 F.2d 880· 6th Cir.· 1982-01-11 ·cited 10×
  The Commission denied applications for rehearing and clarified its order requiring credits or refunds for excess charges collected under a modified interconnection agreement.
• Hines v. Rinker
  667 F.2d 699· 8th Cir.· 1981-12-28 ·cited 10×
  The court held that the university's decision to dismiss a student for academic deficiencies was not arbitrary or capricious, and therefore, summary judgment for the university was appropriate.
• Cohen v. Civil Aeronautics Bd.
  657 F.2d 999· 8th Cir.· 1981-08-31 ·cited 10×
  The court affirmed the Civil Aeronautics Board's denial of arbitration, finding the employee's claims regarding job reclassification and termination were not arbitrable under the Labor Protective Provisions.
• Vicksburg Hosp., Inc. v. Nat'l Labor Relations Bd.
  653 F.2d 1070· 5th Cir.· 1981-08-21 ·cited 10×
  The court held that the National Labor Relations Board properly found the hospital guilty of unfair labor practices for refusing to bargain, as the bargaining unit was appropriate and the union's conduct did not invalidate the election.
• Austin Bldg. Co. v. Occupational Safety & Health Review Comm'n & Sec'y of Labor
  647 F.2d 1063· 10th Cir.· 1981-05-08 ·cited 10×
  The court held that the regulation 29 C.F.R. § 1926.28(a) was not unconstitutionally vague as applied and that the employer had knowledge of the hazardous condition, but reversed a violation for 29 C.F.R. § 1926.451(a)(12) due to insufficient proof.
• Carnation Co. v. Secretary OF Labor
  641 F.2d 801· 9th Cir.· 1981-04-09 ·cited 10×
  The court held that the Secretary's failure to consider plant-wide economic feasibility and allow Carnation to present rebuttal evidence constituted a denial of due process, but that the agency's deviation from its manual did not warrant suppression of evidence.