Arbitrary and Capricious

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

• Iowa Pub. Serv. Co. v. Interstate Commerce Comm'n & United States
  643 F.2d 542· 8th Cir.· 1981-03-16 ·cited 10×
  The court affirmed the ICC's market dominance finding but remanded several cost determination issues for reconsideration, while also directing the ICC to consider energy implications and upholding the timeliness of refund awards.
• Consol. Rail Corp. v. Interstate Commerce Comm'n & United States
  646 F.2d 642· D.C. Cir.· 1981-02-26 ·cited 10×
  The ICC acted properly in determining that the railroads' tariffs based on special train service were unnecessary and wasteful, and thus unreasonable.
• Werner v. The United States
  642 F.2d 404· Ct. Cl.· 1981-02-25 ·cited 10×
  The court held that the Army Board for Correction of Military Records' denial of the plaintiff's application was arbitrary, capricious, and unsupported by substantial evidence, entitling the plaintiff to pay and record correction.
• Defenders OF Wildlife, Inc. v. Endangered Species Sci. Auth.
  659 F.2d 168· D.C. Cir.· 1981-02-03 ·cited 10×
  The court held that parts of the government regulation governing bobcat pelt exports are invalid because the Scientific Authority's guidelines lacked adequate scientific data to determine "no detriment" to the species' survival. The court also reversed the dismissal of certain cl
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• Henkle v. Campbell
  626 F.2d 811· 10th Cir.· 1980-08-04 ·cited 10×
  The court held that the Civil Service Commission's decision to terminate the plaintiff for insubordination was supported by substantial evidence and had a rational basis, affirming the district court's grant of summary judgment.
• Nat'l Collegiate Athletic Ass'n v. Califano
  622 F.2d 1382· 10th Cir.· 1980-04-17 ·cited 10×
• Wadeco, Inc. v. Fed. Commc'ns Comm'n
  628 F.2d 122· D.C. Cir.· 1980-04-04 ·cited 10×
  The court held that the FCC's disqualification of WADECO was arbitrary and excessive given the evidence of confusion and reliance on counsel, rather than intentional fraud.
• City OF NEW Haven v. Civil Aeronautics Bd.
  618 F.2d 955· 2d Cir.· 1980-03-03 ·cited 10×
  The court held that the Airline Deregulation Act permits air carriers to suspend service to a point upon giving 90 days' notice, provided that the suspension does not deprive the community of essential air transportation.
• Studt v. United States
  607 F.2d 1216· 8th Cir.· 1979-10-29 ·cited 10×
  The court held that a district court's review of a sanction imposed under the Food Stamp Act is limited to determining if the sanction is arbitrary and capricious, not to substituting its own judgment for the Department of Agriculture's.
• Martineau v. Perrin
  601 F.2d 1201· 1st Cir.· 1979-07-12 ·cited 10×
  The court held that the petitioner's parole revocation did not violate his due process rights, and the state courts had sufficient information to review the parole board's decision without an additional federal evidentiary hearing.
• Am. Trucking Ass'ns, Inc. v. United States & Interstate Commerce Comm'n
  602 F.2d 444· D.C. Cir.· 1979-06-26 ·cited 10×
  The court held that the Interstate Commerce Commission (ICC) had the statutory authority to issue a general rule allowing dual operations for motor carriers, finding it consistent with the public interest and national transportation policy.
• Jaimez-Revolla v. Griffin B. Bell
  598 F.2d 243· D.C. Cir.· 1979-03-27 ·cited 10×
  The court held that the Attorney General's denial of the appellant's application for permission to reapply for admission after deportation was not arbitrary or an abuse of discretion, as the appellant had flagrantly violated U.S. immigration laws.
• Rutherford v. United States
  582 F.2d 1234· 10th Cir.· 1978-07-10 ·cited 10×
  The court held that the statutory requirements of 'safety' and 'effectiveness' for new drugs have no reasonable application to terminally ill cancer patients seeking to use Laetrile intravenously.
• Tri-State Motor Transit Co. v. United States & Interstate Commerce Comm'n
  570 F.2d 773· 8th Cir.· 1978-02-16 ·cited 10×
  The court affirmed the Interstate Commerce Commission's order granting operating authority to motor carriers for transporting nuclear materials, finding the decision supported by substantial evidence and not arbitrary or capricious.
• Cora Griffin v. Harris
  571 F.2d 767· 3d Cir.· 1978-02-13 ·cited 10×
  The court held that HUD's practice of limiting rent supplements to 60% for some tenants, despite regulations allowing up to 70% and based on tenant income, is unlawful and arbitrary.
• Hicks v. Pac. Mar. Ass'n
  567 F.2d 355· 9th Cir.· 1978-01-06 ·cited 10×
• Barrett Mobile Home Transp., Inc. v. Interstate Commerce Comm'n & United States
  567 F.2d 150· D.C. Cir.· 1977-12-06 ·cited 10×
  The court held that the Interstate Commerce Commission's grant of temporary operating authority was arbitrary and capricious due to a lack of adequate supporting data.
• Silva v. E. Providence Hous. Auth.
  565 F.2d 1217· 1st Cir.· 1977-11-22 ·cited 10×
  The Secretary of HUD has the statutory authority to terminate a low-rent public housing project contract for lack of diligent prosecution, and the court remanded the case to determine if HUD considered all relevant alternatives before terminating.
• Mktg. Assistance Program, Inc. v. Bergland
  562 F.2d 1305· D.C. Cir.· 1977-08-22 ·cited 10×
  The court held that the Secretary of Agriculture did not abuse his discretion in limiting the scope of the hearing for a milk marketing order, and the employee's dual role did not violate the Administrative Procedure Act.
• E. Coast Transp. Co., Inc. v. United States & Interstate Commerce Comm'n
  556 F.2d 741· 5th Cir.· 1977-07-27 ·cited 10×
  The court held that the Interstate Commerce Commission did not abuse its discretion in denying temporary operating authority.
• Compton James Richards v. Immigr. & Naturalization Serv.
  554 F.2d 1173· D.C. Cir.· 1977-03-18 ·cited 10×
  The court held that the administrative denial of the alien's application for a change in nonimmigrant status was not arbitrary or capricious, as the application was filed after the authorized period of stay had expired and the untimeliness was not excusable.
• Blondo v. Bailar
  548 F.2d 301· 10th Cir.· 1977-01-14 ·cited 10×
  A federal employee claiming employment discrimination under Title VII is entitled to a trial de novo in federal court, and discovery should not be unduly limited. However, certain civil service statutes and regulations do not apply to probationary Postal Service employees.
• Associated Indus. OF Ala., Inc. v. Train
  543 F.2d 1159· 5th Cir.· 1976-12-13 ·cited 10×
  The court held that the state failed to demonstrate its interests were inadequately represented by the EPA, thus affirming the denial of its motion to intervene.
• The B. F. Goodrich Co. v. Dep't OF Transp.
  541 F.2d 1178· 6th Cir.· 1976-09-02 ·cited 10×
• Nat'l Renderers Ass'n v. Env't Prot. Agency & Russell E. Train
  541 F.2d 1281· 8th Cir.· 1976-08-30 ·cited 10×
  The court held that the EPA's new source standards for the rendering industry were arbitrary and capricious due to insufficient analysis of technology costs, economic impact on new plants, and an unexplained inconsistency with existing guidelines.
• Bud J. Kitchens v. Dep't OF the Treas.
  535 F.2d 1197· 9th Cir.· 1976-05-20 ·cited 10×
  The Director's decision denying relief from federal firearms disabilities is reviewable, but the scope of review is limited to an examination of the statement of reasons for the denial.
• Wyper v. Providence Wash. Ins. Co.
  533 F.2d 57· 2d Cir.· 1976-04-01 ·cited 10×
  A plaintiff must demonstrate that a pension board's denial of incapacity benefits was arbitrary or in bad faith, and alcoholism alone, without proof of permanent incapacity, does not automatically qualify for such benefits.
• Joseph G. Moretti, Inc. v. Hoffman
  526 F.2d 1311· 5th Cir.· 1976-02-17 ·cited 10×
  The court held that the Secretary of the Army could lawfully delegate permit authority to the Chief of Engineers and that the denial of the after-the-fact dredging and fill permit was not arbitrary, capricious, or an abuse of discretion.
• Milo Cmty. Hosp. v. Caspar W. Weinberger
  525 F.2d 144· 1st Cir.· 1975-11-14 ·cited 10×
  The court held that the Secretary did not err in failing to prepare an Environmental Impact Statement because the economic and social consequences cited by the hospital were irrelevant to the Medicare Act's decertification decision. The court also affirmed the dismissal of the eq
• Monroe M. Tapper & Assocs. v. The United States
  514 F.2d 1003· Ct. Cl.· 1975-03-19 ·cited 10×
  The majority opinion erred by requiring the Board's discretionary decision to be supported by substantial evidence, thereby undermining the discretion previously recognized by this court.
• Bethlehem Steel Corp. v. The United States
  511 F.2d 529· Ct. Cl.· 1975-02-19 ·cited 10×
  The court held that the defendant failed to demonstrate that the weighted guidelines for determining fair and reasonable profit were infeasible to apply to the plaintiff's contracts, and thus the plaintiff had a legal right to their application.
• Ricci v. The United States
  507 F.2d 1390· Ct. Cl.· 1974-12-18 ·cited 10×
  The court held that the plaintiff's discharge was supported by substantial evidence, that the Navy complied with procedural requirements, and that the regulations prohibiting 'gambling' and 'promotion of gambling' were not unconstitutionally vague.
• Am. Bank OF Tulsa v. Smith
  503 F.2d 784· 10th Cir.· 1974-10-04 ·cited 10×
  The court held that while the Comptroller's factual determinations were not erroneous, the district court should have considered whether the Comptroller should have referred the substantial holding company issue to the Federal Reserve Board, and stayed the charter issuance pendin
• First Girl, Inc. v. Reg'l Manpower Adm'r OF the United States Dep't OF Labor
  499 F.2d 122· 7th Cir.· 1974-07-02 ·cited 10×
  The court held that the district court's finding of abuse of discretion was proper because the administrative record contained no evidence supporting the denial of alien employment certification.
• Frazier v. The Curators OF the Univ. OF Mo.
  495 F.2d 1149· 8th Cir.· 1974-05-02 ·cited 10×
  A nontenured university professor has no constitutional right to tenure, a statement of reasons for non-reappointment, or a hearing, unless the dismissal is based on constitutionally impermissible grounds. The plaintiff failed to prove her termination was retaliatory or arbitrary
• Libbey-Owens-Ford Co. v. Nat'l Labor Relations Bd.
  495 F.2d 1195· 3d Cir.· 1974-03-08 ·cited 10×
  The dissenting judge believes the Board's finding that the Brackenridge plant's inclusion in a multi-plant bargaining unit was appropriate was arbitrary and unsupported by substantial evidence.
• Metro. Dade Cnty. v. McGEARY
  291 So. 2d 28· Fla. 3d DCA· 1974-02-26 ·cited 10×
  The court held that while the trial court correctly found the single-family residential zoning arbitrary, it improperly exercised legislative power by rezoning the property itself.
• Bd. OF Cnty. Comm'rs v. Ralston
  284 So. 2d 456· Fla. 2d DCA· 1973-09-28 ·cited 10×
  The court held that the trial court erred in ordering rezoning to R-3 because the plaintiffs failed to demonstrate the unconstitutionality of the existing R-1 classification and did not exhaust administrative remedies like community unit zoning.
• Albert v. Hon. John H. Chafee
  465 F.2d 367· 9th Cir.· 1972-08-17 ·cited 10×
  The court held that jurisdiction exists under the Administrative Procedure Act to review the dismissal of a civilian employee of the Department of the Navy.
• The Twp. OF Hopewell v. Volpe
  446 F.2d 167· 3d Cir.· 1971-07-13 ·cited 10×
  The court held that the Township of Hopewell was barred by res judicata and collateral estoppel from pursuing its suit against the state and federal defendants, respectively.
• Whittaker Corp. v. The United States
  443 F.2d 1373· Ct. Cl.· 1971-06-11 ·cited 10×
  The court held that the Board of Contract Appeals' findings regarding the plaintiff's delay claim due to late or unsuitable Government-Furnished Property drawings were arbitrary and unsupported by substantial evidence, thus not entitled to finality.
• Albert v. The United States
  437 F.2d 976· Ct. Cl.· 1971-02-19 ·cited 10×
  The court held that the civilian employees' reclassifications were valid, as the notices were sufficiently specific, the actions were not arbitrary, and the authority to implement them was properly delegated.
• Theriault v. Olin G. Blackwell
  437 F.2d 76· 5th Cir.· 1971-01-28 ·cited 10×
  The court held that the district court correctly denied the prisoner's petition for habeas corpus and other relief.
• Citizens TO Preserve Overton Park, Inc. v. Volpe
  432 F.2d 1307· 6th Cir.· 1970-09-29 ·cited 10×
  The court held that an affidavit based on information and belief, omitting crucial qualifying phrases, does not constitute competent evidence to contradict a positive statement of facts in an opposing affidavit for summary judgment purposes. The court also held that the district
• Clinton v. The United States
  423 F.2d 1367· Ct. Cl.· 1970-04-17 ·cited 10×
  The court held that it cannot award back pay based on a speculative promotion that might have occurred.
• Ashland OIL & Ref. Co. v. Fed. Power Comm'n
  421 F.2d 17· 6th Cir.· 1970-01-15 ·cited 10×
  The court held that the Federal Power Commission's interpretation of its regulations, requiring sellers to file rate increase notices for gas sales, was not arbitrary or capricious and that the Commission was not obligated to withhold its declaratory order pending resolution of a
• Cmty. Serv., Inc. v. United States & Fed. Commc'ns Comm'n
  418 F.2d 709· 6th Cir.· 1969-11-12 ·cited 10×
  The FCC's denial of waiver requests and subsequent reconsideration was inadequate for judicial review due to insufficient articulation of grounds, violating statutory duties.
• Armstrong v. The United States
  405 F.2d 1275· Ct. Cl.· 1969-01-24 ·cited 10×
  The court held that the plaintiff's removal from his position with the Veterans Administration was proper, as the agency complied with its own regulations and the Veterans' Preference Act, and the Civil Service Commission's findings were not arbitrary or capricious.
• Buncher v. Nat'l Labor Relations Bd.
  405 F.2d 787· 3d Cir.· 1968-06-27 ·cited 10×
  The court held that the National Labor Relations Board reasonably adopted a seniority-based formula to calculate backpay for discriminatorily discharged employees when the employer failed to provide credible evidence of alternative layoff criteria.