Arbitrary and Capricious

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

• Zurla v. City OF Daytona Beach & City of Port Orange
  876 So. 2d 34· Fla. 5th DCA· 2004-05-28 ·cited 8×
  The court held that the plaintiff failed to state a cause of action for violation of due process rights and that the regulations were not arbitrary and capricious.
• Bellsouth Telecomms., Inc. v. McImetro Access Transmission Servs., Inc.
  317 F.3d 1270· 11th Cir.· 2003-01-10 ·cited 8×
  The Eleventh Circuit, in a dissenting opinion, argued that federal district courts lacked jurisdiction under 28 U.S.C. § 1331 and 47 U.S.C. § 252(e)(6) to review the Georgia Public Service Commission's (GPSC) order regarding reciprocal compensation for ISP-bound calls. The dissen
• Montalvo v. Univ. OF Miami
  705 So. 2d 1042· Fla. 3d DCA· 1998-02-11 ·cited 8×
  A doctoral candidate who failed a comprehensive oral examination at the University of Miami sought money damages without exhausting available administrative remedies. The court affirmed summary judgment for the university, holding that the student failed to present evidence of bi
• LEE Cnty. v. Sylvan Zemel
  675 So. 2d 1378· Fla. 2d DCA· 1996-04-10 ·cited 8×
  Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
• Dep't of Prof'l Reg. v. Sherman Coll. OF Straight Chiropractic & Sheryll J. Indiaan
  682 So. 2d 559· Fla. 1st DCA· 1995-11-16 ·cited 8×
  The Department of Professional Regulation challenged a hearing officer's decision invalidating rule amendments that required chiropractic college applicants to demonstrate both regional and professional accreditation. The court affirmed, holding that the rule amendments exceeded
• Russo v. Health
  984 F.2d 762· 7th Cir.· 1993-01-12 ·cited 8×
  The court held that the Trustees' denial of early retirement benefits was not arbitrary or capricious, and that the plaintiff's estoppel claim failed due to lack of detriment and ERISA preemption.
• Anne Arundel Cnty. v. U.S. Env't Prot. Agency
  963 F.2d 412· D.C. Cir.· 1992-05-01 ·cited 8×
  The court held that the EPA's use of only unfiltered groundwater samples and its failure to provide notice of a second private well were arbitrary and capricious, violating the APA.
• Grant v. Sec'y OF the Dep't OF Health & Human Servs.
  956 F.2d 1144· Fed. Cir.· 1992-02-25 ·cited 8×
  The appellate court reviews the Claims Court's decisions under the clearly erroneous standard, not the arbitrary and capricious standard.
• Rose Acre Farms, Inc. v. Madigan
  956 F.2d 670· 7th Cir.· 1992-02-10 ·cited 8×
  The court held that the district court erred in invalidating USDA regulations due to a lack of compensation, as the proper remedy for compensation claims lies with the Claims Court, not by enjoining the regulations.
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  955 F.2d 1199· 8th Cir.· 1992-02-05 ·cited 8×
  The court vacated the district court's judgment and remanded the case because subsequent amendments to the relevant statutes provided for a good-faith exemption and graduated sanctions, which required reconsideration by the Secretary of Agriculture.
• Bechtel v. Fed. Commc'ns Comm'n
  957 F.2d 873· D.C. Cir.· 1992-01-31 ·cited 8×
  The court held that while the FCC's award of integration credit to Anchor was supported by substantial evidence, the FCC failed to adequately address Bechtel's challenge to the continued viability of the integration criterion in light of regulatory changes.
• Sabine River Auth. v. U.S. Dep't OF Interior
  951 F.2d 669· 5th Cir.· 1992-01-28 ·cited 8×
  The court held that the plaintiffs had standing to challenge the Fish and Wildlife Service's acquisition of a non-development easement under NEPA, even though the district court had dismissed their claims on the merits.
• Curto v. City OF Harper Woods
  954 F.2d 1237· 6th Cir.· 1992-01-28 ·cited 8×
  The court held that the district court erred in granting summary judgment on the plaintiff's claim that the ordinance was an unreasonable means of advancing a legitimate governmental interest, as the record was insufficient to determine if the 'three cars per bay' limit was arbit
• Brookwood-Jackson Cnty. Convalescent Ctr. & Brookwood-Walton Cnty. Convalescent Ctr. v. Dep't OF Health & Rehabilitative Servs.
  591 So. 2d 1085· Fla. 1st DCA· 1992-01-02 ·cited 8×
  The court held that the Department of Health & Rehabilitative Services (HRS) reasonably interpreted statutes and rules to require that the license holder of an existing facility must apply for a Certificate of Need (CON) to add beds, and that the applicants' certification that th
• Brewer v. Madigan
  945 F.2d 449· 1st Cir.· 1991-09-26 ·cited 8×
  The court held that the Farmers Home Administration (FmHA) regulation allowing judicial eviction processes for tenants in FmHA-subsidized housing is consistent with the enabling statute and the Administrative Procedure Act.
• R.I. Higher Educ. Assistance Auth. v. Sec'y, U.S. Dep't OF Educ.
  929 F.2d 844· 1st Cir.· 1991-04-05 ·cited 8×
  The court held that the 1987 amendments to the Higher Education Act could be constitutionally applied to preexisting contractual rights, and that the Secretary did not act arbitrarily in denying RIHEAA's waiver request.
• Coy U. Spawn, Jr. v. W. Bank-Westheimer & Fed. Deposit Ins. Corp.
  925 F.2d 885· 5th Cir.· 1991-03-12 ·cited 8×
  The court held that the FDIC's interpretation of its regulations, which limited deposit insurance coverage based solely on bank records without considering actual ownership for certificates of deposit, was erroneous.
• Foster McGAW Hosp. OF Loyola Univ. OF Chicago v. Bldg. Material Chauffeurs
  925 F.2d 1023· 7th Cir.· 1991-02-12 ·cited 8×
  The court held that the welfare fund's denial of coverage was not arbitrary or capricious, and thus entitled to deferential review, requiring the court to uphold the trustees' decision.
• The City OF Kan. City v. Dep't of Hous. & Urban Dev.
  923 F.2d 188· D.C. Cir.· 1991-01-18 ·cited 8×
• Dep't of Bus. Reg. v. Martin Cnty. Liquors, Inc.
  574 So. 2d 170· Fla. 1st DCA· 1991-01-15 ·cited 8×
  The Department of Business Regulation's Division of Alcoholic Beverages and Tobacco appealed a hearing officer's ruling that application forms DBR 700L and policy Section 302 were invalid exercises of delegated legislative authority because they were not properly promulgated as r
• Union OF Concerned Scientists v. United States Nuclear Regulatory Comm'n & the United States
  920 F.2d 50· D.C. Cir.· 1990-11-30 ·cited 8×
  The court held that the Nuclear Regulatory Commission's rule heightening specificity requirements for intervention pleadings does not facially violate the Atomic Energy Act, NEPA, or the APA.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n & United States
  914 F.2d 276· D.C. Cir.· 1990-09-14 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) reasonably interpreted and applied the relevant statutes in denying labor protection for employees of a non-applicant carrier and in treating a subsidiary's acquisition of rail lines as a transaction subject to discreti
• Anderson v. Blue Cross/Blue Shield OF Alabama
  907 F.2d 1072· 11th Cir.· 1990-08-01 ·cited 8×
  The court held that the health insurer's denial of benefits for rehabilitative services was not arbitrary or capricious, as the plan clearly excluded such admissions and the insured's stay was primarily for rehabilitation.
• Hutto Stockyard, Inc. v. United States Dep't OF Agric.
  903 F.2d 299· 4th Cir.· 1990-05-09 ·cited 8×
  The court held that the 90-day suspension was improper due to lack of notice under the APA, and the monetary penalty was vacated because the agency failed to consider all statutory factors and improperly counted violations. The finding of a violation under section 221 was reverse
• Central Freight Lines (Substituted in place of Steere Tank Lines v. Interstate Commerce Comm'n & United States
  899 F.2d 413· 5th Cir.· 1990-05-01 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) had jurisdiction to issue a declaratory order determining that certain transportation of fertilizer within Texas was part of a continuous interstate movement, and that this order was reviewable by the court.
• Motel 6 v. Dep't of Bus. Reg.
  560 So. 2d 1322· Fla. 1st DCA· 1990-05-01 ·cited 8×
  Motel 6 challenged the Department of Business Regulation's determination that two proposed highway signs advertising room rates violated Florida's lodging establishment sign requirements. The court affirmed the Department's decision, holding that signs advertising even a single r
• State OF NEW York v. Louis R. Sullivan, M.D.
  894 F.2d 20· 2d Cir.· 1990-01-05 ·cited 8×
  The Secretary's decision to exclude the prorated costs of excess medical malpractice insurance for attending physicians from inpatient hospital service rates was within his authority and not arbitrary or capricious.
• Geo-Tech Reclamation Indus., Inc. v. Hamrick
  886 F.2d 662· 4th Cir.· 1989-09-25 ·cited 8×
  The court held that the "significantly adverse to the public sentiment" clause of West Virginia's Solid Waste Management Act bears no substantial or rational relationship to the state's interest in promoting the general public welfare and is therefore unconstitutional.
• Murray A. Winslow v. Nat'l Transp. Safety Bd.
  885 F.2d 615· 9th Cir.· 1989-09-14 ·cited 8×
  The National Transportation Safety Board (NTSB) did not act arbitrarily or capriciously in reinstating a 90-day suspension of a pilot's certificate, as the suspension was within the range of sanctions historically imposed for similar violations.
• Shoals Am. Indus., Inc. v. The United States
  877 F.2d 883· 11th Cir.· 1989-07-17 ·cited 8×
  The court held that the district court erred by failing to accord sufficient deference to the GAO's reasonable interpretation of procurement statutes and regulations when reviewing the agency's decision.
• Pacific Northwest Newspaper Guild v. Nat'l Labor Relations Bd.
  877 F.2d 998· D.C. Cir.· 1989-06-16 ·cited 8×
  The court held that the National Labor Relations Board failed to adequately explain its distinction between periodic dues and assessments in the context of a variable dues structure, requiring remand for further clarification.
• Barney J. Tearney v. Nat'l Transp. Safety Bd.
  868 F.2d 1451· 5th Cir.· 1989-04-04 ·cited 8×
  The court held that the FAA did not violate the APA by adopting the taxiing rule through adjudication, and the 'public interest' standard for certificate suspension is constitutional.
• Armco, Inc. v. United States Env't Prot. Agency
  869 F.2d 975· 6th Cir.· 1989-03-15 ·cited 8×
• Lockert v. United States Dep't OF Labor
  867 F.2d 513· 9th Cir.· 1989-01-30 ·cited 8×
  The court affirmed the Secretary of Labor's decision, holding that the employee's termination was not in violation of the Energy Reorganization Act's whistleblower protections.
• The Util. Reform Project v. Bonneville Power Administration and Peter Johnson
  869 F.2d 437· 9th Cir.· 1989-01-27 ·cited 8×
  The court held that the settlement agreement between BPA and the IOUs regarding the WNP-3 nuclear plant was lawful and did not violate statutory restrictions on BPA's authority.
• Pilon v. Ret. Plan FOR Salaried Emps. OF Great N. Nekoosa Corp. & Emp. Benefit Plan
  861 F.2d 217· 9th Cir.· 1988-11-07 ·cited 8×
• Tribal Vill. OF Akutan v. Hodel
  869 F.2d 1185· 9th Cir.· 1988-10-05 ·cited 8×
  The court held that the Secretary's rejection of the Governor's recommendations was not arbitrary or capricious, the environmental impact statement adequately complied with NEPA, and the Secretary satisfied ESA requirements by taking reasonably adequate steps to protect endangere
• Dep't of the Treas. v. Fed. Labor Relations Auth.
  857 F.2d 819· D.C. Cir.· 1988-09-23 ·cited 8×
  The court held that the union's proposal, requiring agency employees to be ranked and considered before outside applicants, directly interferes with the Bureau's statutory right to select employees from any appropriate source and is therefore not a negotiable procedure.
• Minn. Power & Light Co. v. Fed. Energy Regulatory Comm'n
  852 F.2d 1070· 8th Cir.· 1988-08-01 ·cited 8×
  The court held that the Federal Energy Regulatory Commission (FERC) properly interpreted its regulation regarding expenses includable in a fuel adjustment clause, but erred in denying a waiver without sufficient consideration of the circumstances.
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  852 F.2d 1332· D.C. Cir.· 1988-07-29 ·cited 8×
  The court upheld the FCC's generic definition of indecency but vacated its new channeling approach, finding it inadequately justified and potentially violative of the First Amendment.
• Cleary v. Graphic Commc'ns Int'l Union Supplemental Ret. & Disability Fund
  841 F.2d 444· 1st Cir.· 1988-03-15 ·cited 8×
  The court held that the Fund was not estopped from denying supplemental benefits based on informal representations or mistaken payments, and that the Trustees' decisions regarding benefit eligibility and rule liberalization were not arbitrary or capricious.
• J.E. Davidson v. United States Dep't OF Energy
  838 F.2d 850· 6th Cir.· 1988-02-03 ·cited 8×
  The court held that the Department of Energy's promulgation of medical and physical fitness standards for security personnel was not arbitrary, capricious, or otherwise unlawful under the APA, and that claims of discriminatory impact should be brought under relevant anti-discrimi
• O.W. Shull v. State Mach. Co.
  836 F.2d 306· 7th Cir.· 1987-12-18 ·cited 8×
  The court held that the trustees' interpretation of the loan agreement and their refusal to accept substitute collateral were reasonable under the arbitrary and capricious standard, and the participant forfeited review of the fund management issue.
• Fla. Mining & Materials Corp. v. City OF Port Orange
  518 So. 2d 311· Fla. 5th DCA· 1987-12-03 ·cited 8×
  Florida Mining & Materials Corporation sought certiorari review of a city council decision denying its application for a special exception to construct a cement batch plant in a light industrial district. The court held that the city's denial was arbitrary and unsupported by comp
• Fischer & Porter Co., Inc. v. United States Int'l Trade Comm'n
  831 F.2d 1574· Fed. Cir.· 1987-10-28 ·cited 8×
  The court affirmed the International Trade Commission's determination that the importation of certain flowmeters did not violate section 337 because the appellant failed to establish substantial injury to the domestic industry, vacating the patent infringement issues as moot.
• Sw. Bell Tel. Co. v. Ark. Pub. Serv. Comm'n
  824 F.2d 672· 8th Cir.· 1987-07-29 ·cited 8×
  A state regulatory commission's adjustment of a public utility's wage expenses for ratemaking purposes, based on reasonableness compared to similar companies, is not preempted by the National Labor Relations Act.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency & United States
  824 F.2d 1258· 1st Cir.· 1987-07-17 ·cited 8×
  The court held that the EPA's standards for high-level radioactive waste disposal were not arbitrary or capricious and did not violate the Safe Drinking Water Act, as the standards were promulgated within the EPA's statutory authority and adequately explained.
• Doyle v. Brock
  821 F.2d 778· D.C. Cir.· 1987-06-26 ·cited 8×
  The majority opinion improperly exceeds judicial review boundaries by deciding whether a case should be brought and its outcome, rather than reviewing the Secretary's discretionary decision under the arbitrary and capricious standard.
• Groves-Watkins Constructors v. State
  511 So. 2d 323· Fla. 1st DCA· 1987-06-11 ·cited 8×
  A highway construction contractor challenged the Florida Department of Transportation's rejection of its low bid on a complex highway interchange project and demand for rebidding. The court held that the DOT violated administrative procedure by rejecting the hearing officer's fac
• Atl. Richfield Co. v. Bonneville Power Administration
  818 F.2d 701· 9th Cir.· 1987-06-03 ·cited 8×
  The court held that petitions challenging rates before final FERC approval are dismissed for lack of jurisdiction, and that the customer charge was a valid rate, not a breach of contract or arbitrary agency action.