Arbitrary and Capricious

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

• Nat'l Labor Relations Bd. v. Aerovox Corp. of Myrtle Beach
  390 F.2d 653· 4th Cir.· 1968-01-29 ·cited 10×
  The court held that the National Labor Relations Board's determination of an appropriate bargaining unit and its order to bargain were not arbitrary or capricious and were entitled to enforcement.
• Diedrich v. Zoning Comm'n OF the Dist. OF Columbia
  393 F.2d 666· D.C. Cir.· 1968-01-24 ·cited 10×
  The court held that the Commission's denial of a zoning map amendment was not arbitrary or capricious, and thus affirmed the lower court's judgment.
• Phillips Constr. Co., Inc. v. The United States
  374 F.2d 538· Ct. Cl.· 1967-03-17 ·cited 10×
  The court held that if the Armed Services Board of Contract Appeals' finding of a 'Changed Condition' was not arbitrary, capricious, or unsupported by substantial evidence, the plaintiff is entitled to recover additional interest costs incurred due to contract extensions.
• Peoples Bank OF Trenton v. Saxon
  373 F.2d 185· 6th Cir.· 1967-01-19 ·cited 10×
  The court held that the district court correctly conducted a de novo review and properly determined that the Comptroller's decision to authorize a branch bank was not supported by substantial evidence and constituted an abuse of discretion.
• Chapman v. Pub. Util. Dist. NO. 1 OF Douglas Cnty.
  367 F.2d 163· 9th Cir.· 1966-10-07 ·cited 10×
  A federal licensee's determination of necessity for condemning fee title to land for a hydroelectric project is subject to judicial review only for arbitrariness, capriciousness, or bad faith, and the court found the appellee's decision to take the fee was not arbitrary or capric
• United States v. Kushmer
  365 F.2d 153· 7th Cir.· 1966-07-28 ·cited 10×
  The court held that the defendant failed to make a prima facie showing of eligibility for a ministerial exemption because he did not establish that the ministry was his customary vocation or that the Watchtower Bible and Tract Society recognized him as a regular minister.
• Farrar v. The United States
  358 F.2d 965· Ct. Cl.· 1965-12-17 ·cited 10×
  The court held that the plaintiff is entitled to recover disability retirement benefits because the Board for the Correction of Military Records acted arbitrarily in denying his claim.
• W. AIR Lines, Inc. v. Civil Aeronautics Bd.
  351 F.2d 778· D.C. Cir.· 1965-06-03 ·cited 10×
  The court held that the Board's termination of the domestic phase of air service proceedings without adequate findings or justification was arbitrary and contrary to law, requiring remand.
• Merge v. Sharott
  341 F.2d 989· 3d Cir.· 1965-02-16 ·cited 10×
  The court held that displaced businesses have no right of action against the federal Administrator for relocation payments, but may have a right of action against the local agency, and a prior state court judgment on the issue bars collateral attack.
• Nat'l Labor Relations Bd. v. Jas. H. Matthews & Co.
  342 F.2d 129· 3d Cir.· 1965-02-11 ·cited 10×
  The court held that the Regional Director's decision regarding election objections was not arbitrary or capricious, and the employer's refusal to bargain constituted an unfair labor practice.
• The Diversey Corp. v. Nat'l Labor Relations Bd.
  325 F.2d 489· 7th Cir.· 1963-12-04 ·cited 10×
  The court held that Diversey failed to demonstrate the Regional Director acted arbitrarily or capriciously in denying a hearing, thus upholding the Board's order.
• Garelick MFG. Co. v. Dillon
  313 F.2d 899· D.C. Cir.· 1963-01-17 ·cited 10×
  The court held that the Coast Guard regulation was interpretive and not arbitrary or capricious, thus affirming the district court's grant of summary judgment.
• Carl v. Udall
  309 F.2d 653· D.C. Cir.· 1962-10-18 ·cited 10×
  The court held that the Secretary of the Interior has discretion to classify lands and refuse lieu selections if retention in public ownership serves the public interest, and that summary judgment was appropriate.
• Morgan v. Udall
  306 F.2d 799· D.C. Cir.· 1962-07-05 ·cited 10×
  The court held that the Secretary's decision awarding a public land oil and gas lease was not arbitrary or unreasonable and was supported by the administrative record.
• Montgomery v. Ffrench
  299 F.2d 730· 8th Cir.· 1962-02-09 ·cited 10×
  The court held that the Attorney General's denial of a petition to admit an alien orphan was within his administrative discretion and not subject to judicial review, as alien admission is a privilege, not a right.
• Dyer v. Sec. & Exch. Comm'n
  287 F.2d 773· 8th Cir.· 1961-02-27 ·cited 10×
  The court affirmed the SEC's order, holding that the Commission acted within its discretion and statutory authority in approving management's proxy materials and rejecting certain proposals.
• United AIR Lines, Inc. v. Civil Aeronautics Bd.
  281 F.2d 53· D.C. Cir.· 1960-05-19 ·cited 10×
  The court held that the Civil Aeronautics Board was required to conduct a hearing to determine the extent of alleged violations of its rules regarding ex parte communications and pressure tactics, as the Department of Justice's position was well taken. The court did not intimate
• Tampa Times Co. v. Fed. Commc'ns Comm'n
  230 F.2d 224· D.C. Cir.· 1956-02-09 ·cited 10×
  The court held that the Federal Communications Commission's award of a television construction permit was not arbitrary or capricious, as the Commission had wide discretion in evaluating comparative applicant claims.
• United States ex rel. Fong FOO v. Shaughnessy
  234 F.2d 715· 2d Cir.· 1955-07-11 ·cited 10×
  A stay of deportation pending appeal should be granted if there is a substantial legal question, and administrative findings contrary to judicially noticed facts are arbitrary.
• de Moss v. United States
  218 F.2d 119· 8th Cir.· 1954-12-29 ·cited 10×
  The court held that the amended Selective Service Regulations, which eliminated the requirement for a Department of Justice investigation when a conscientious objector claim was granted by the local board, did not conflict with the statute and were therefore valid. The court also
• Nat'l Labor Relations Bd. v. Stanolind OIL & GAS Co.
  208 F.2d 239· 10th Cir.· 1953-11-11 ·cited 10×
  The court held that the National Labor Relations Board acted within its broad discretionary power in designating Stanolind's plant employees as an appropriate bargaining unit.
• Minkoff v. Payne
  210 F.2d 689· D.C. Cir.· 1953-11-05 ·cited 10×
  The court held that the District Court properly granted summary judgment because the Alcoholic Beverage Control Board's denial of the license renewal was not arbitrary or capricious and was supported by substantial evidence, and the appellant failed to raise a genuine issue of ma
• Wilson & Co., Inc. v. Reconstr. Fin. Corp.
  194 F.2d 1016· Emer. Ct. App.· 1952-03-11 ·cited 10×
  The court held that the respondent's recapture of subsidy payments and assessment of interest were not arbitrary or capricious, and were legally sound.
• United States v. Pub. Utils. Comm'n of Dist. of Columbia
  158 F.2d 533· D.C. Cir.· 1946-07-16 ·cited 10×
  The court held that the District Court erred in dismissing the appeal of the United States, as the Commission's order fixing rates was arbitrary and an error of law.
• Fla. Keys Citizens Coal., Inc. v. United States Army Corps of Eng'rs
  374 F. Supp. 2d 1116· S.D. Fla.· 2005-04-11 ·cited 9×
  The court found that the plaintiffs were not entitled to the requested declaratory and injunctive relief against the federal agencies regarding the highway improvement project.
• Torres v. Pittston Co.
  346 F.3d 1324· 11th Cir.· 2003-09-30 ·cited 9×
  Perry Torres applied for permanent total disability benefits under an ERISA-governed Personal Accident Plan after a 1998 motor vehicle accident, but the plan administrator and insurer LINA denied his claim based on factual determinations that he was not permanently disabled and c
• Sandoval v. AETNA Life & Cas. Ins. Co. & Metro. Life Ins. Co.
  967 F.2d 377· 10th Cir.· 1992-06-16 ·cited 9×
  The court held that an ERISA plan administrator's decision to terminate disability benefits is not arbitrary and capricious if based on the evidence before the administrator, even if later evidence suggests a different disability.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  964 F.2d 1308· 2d Cir.· 1992-05-27 ·cited 9×
  Internal union disciplinary sanctions imposed for knowing association with organized crime figures, based on reliable hearsay, are upheld.
• Off. & Prof'l Emps. Int'l Union v. Fed. Deposit Ins. Corp.
  962 F.2d 63· D.C. Cir.· 1992-04-24 ·cited 9×
  A union has standing to file claims for employee benefits against a failed bank's assets under FIRREA, even without individual powers of attorney, as long as the claims arise from a collective bargaining agreement.
• United States v. Akzo Coatings OF Am., Inc.
  949 F.2d 1409· 6th Cir.· 1991-12-05 ·cited 9×
  The court held that the district court did not err in refusing to consider an affidavit offered outside the administrative record, and that Michigan's anti-degradation law was not an ARAR under CERCLA.
• Weaver v. Reagen
  886 F.2d 194· 8th Cir.· 1989-09-25 ·cited 9×
  Missouri Medicaid may not deny coverage of AZT to eligible AIDS patients whose physicians certify it as medically necessary, even if the patient does not meet the restrictive criteria in the state regulation based on FDA approval.
• Vieux Carre Prop. Owners v. Colonel Lloyd Kent Brown
  875 F.2d 453· 5th Cir.· 1989-06-14 ·cited 9×
  The court held that a private plaintiff lacks a right of action against non-federal entities for alleged violations of the Rivers and Harbors Act and that the National Historic Preservation Act does not grant such a right against non-agency defendants. However, the plaintiff has
• W. Neb. Res. Council v. Env't Prot. Agency
  793 F.2d 194· 8th Cir.· 1986-06-06 ·cited 9×
  The court held that the petition challenging the EPA's approval of the Nebraska UIC program was untimely filed and thus dismissed for lack of jurisdiction. The challenge to the 6.7 acre aquifer exemption was also rejected as the agency's action was not arbitrary or capricious.
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  773 F.2d 1056· 9th Cir.· 1985-10-10 ·cited 9×
  The court affirmed the FERC's decisions regarding rate-making adjustments for a utility's sale of tax benefits and normalization of investment tax credits, deferring to the agency's expertise.
• City OF Alexandria v. Federal Highway Administration
  756 F.2d 1014· 4th Cir.· 1985-03-11 ·cited 9×
  The Federal Highway Administration (FHWA) did not act arbitrarily or capriciously in concluding that the Shirley Highway Traffic Management System was categorically excluded from the National Environmental Policy Act's requirements.
• Cent. Vt. Ry., Inc. v. Interstate Commerce Comm'n & United States
  711 F.2d 331· D.C. Cir.· 1983-06-28 ·cited 9×
  The court affirmed the ICC's approval of the railroad merger and denial of protective conditions regarding north-south service, finding truck competition sufficient to mitigate anticompetitive effects and the service not essential.
• S. Ga. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  699 F.2d 1088· 11th Cir.· 1983-03-07 ·cited 9×
  The court held that the Federal Energy Regulatory Commission's (FERC) interpretation of its regulation, which determined the 36-month period for filing a new base tariff began on August 1, 1977, was reasonable and entitled to deference.
• The Grp. Against Smog & Pollution, Inc. v. United States Env't Prot. Agency
  665 F.2d 1284· D.C. Cir.· 1981-09-23 ·cited 9×
  The court held that a challenge to EPA's exclusion of fugitive emissions from air pollution standards was timely because it was based on new information regarding technological advancements. The court also found that EPA's decision to address fugitive emissions in a separate rule
• Rosenthal & Co. v. Commodity Futures Trading Comm'n
  614 F.2d 1121· 7th Cir.· 1980-02-05 ·cited 9×
  The court held that the Commodity Futures Trading Commission's order reversing an Administrative Law Judge's dismissal was not a final order and therefore not immediately reviewable by the court of appeals.
• Proietti v. Civiletti
  603 F.2d 88· 9th Cir.· 1979-08-23 ·cited 9×
  The Attorney General abused his discretion in refusing to certify that Sergeant Proietti was acting within the scope of his employment, entitling him to government representation.
• Chevron OIL Co. v. Andrus
  588 F.2d 1383· 5th Cir.· 1979-02-09 ·cited 9×
  The Department of the Interior's regulations do not bind the Secretary to abide by a regional manager's unreviewed decision to accept oil and gas lease bids, and the Secretary's rejection of bids is subject to judicial review.
• Auto. Club OF NEW York, Inc. v. COX
  592 F.2d 658· 2d Cir.· 1979-01-12 ·cited 9×
  The court affirmed the Administrator's decision to increase tolls, holding that it was not arbitrary or capricious to consider the combined operations of various Port Authority facilities, including those running at a deficit like PATH, when setting bridge tolls under the General
• Dade Cnty. v. Fla. Mining & Materials Corp.
  364 So. 2d 31· Fla. 3d DCA· 1978-10-17 ·cited 9×
  The appellate court affirmed the trial court's grant of certiorari, finding the county's denial of a mining variance was discriminatory and unreasonable, despite rejecting claims that the zoning itself was confiscatory.
• Kelly v. State
  362 So. 2d 945· Fla.· 1978-09-14 ·cited 9×
  The Florida Supreme Court upheld the constitutionality of a statute and court rule prohibiting bail pending appeal for defendants convicted of felonies when other felony charges are pending against them and probable cause has been found. The court rejected the appellant's argumen
• Stickelman v. United States
  563 F.2d 413· 9th Cir.· 1977-10-21 ·cited 9×
  The court held that the denial of an extension under 43 U.S.C. § 334 is subject to judicial review, and that the applicant was entitled to certain procedural due process rights.
• Nat'l Labor Relations Bd. v. Harrah's Club
  362 F.2d 425· 9th Cir.· 1966-06-14 ·cited 9×
  The court held that the National Labor Relations Board did not abuse its discretion in asserting jurisdiction over Harrah's Club, and that substantial evidence supported the Board's findings of unfair labor practices.
• The Milk Comm'n v. Dade Cnty. Dairies, Inc.
  145 Fla. 579· Fla.· 1940-12-20 ·cited 9×
  The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
• Snedigar v. Yocum
  131 Fla. 191· Fla.· 1938-02-21 ·cited 9×
  This case involves an appeal from a decree enjoining city officials from enforcing a zoning ordinance that restricted property use. The court affirmed the lower court's decision, finding the ordinance unreasonable and confiscatory as applied to the property.
• Melech v. Life Ins. Co. OF N. Am.
  739 F.3d 663· 11th Cir.· 2014-01-06 ·cited 8×
  The Eleventh Circuit vacated the district court's grant of summary judgment for LINA, holding that LINA, as an ERISA plan administrator, had an obligation to consider evidence generated by the Social Security Administration (SSA) process when evaluating the plaintiff's disability
• Howard v. Hartford Life & Accident Ins.
  769 F. Supp. 2d 1366· M.D. Fla.· 2011-03-14 ·cited 8×
  The court held that summary judgment was premature because the plaintiff had not had an adequate opportunity for discovery, and granted the plaintiff's motion to defer adjudication of the summary judgment motion.