Arbitrary and Capricious

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

• Carlo Torimino v. United Food & Commercial Workers Int'l Union
  712 F.2d 882· 8th Cir.· 1983-08-09 ·cited 8×
  The court held that the district court did not err in affirming the Pension Fund's decision to deny disability benefits.
• Iowa Power & Light Co. v. United States & Interstate Commerce Comm'n
  712 F.2d 1292· 8th Cir.· 1983-08-03 ·cited 8×
  The Interstate Commerce Commission has the authority to allow an incorrectly rejected tariff to take effect retroactively to correct its prior error, and this action was not arbitrary or capricious.
• RTC Transp., Inc. v. The Interstate Commerce Comm'n & The United States
  708 F.2d 620· 11th Cir.· 1983-06-27 ·cited 8×
  The court affirmed the ICC's grant of operating authority, finding the applicant demonstrated sufficient fitness and public need, and that the ICC adequately considered protestants' interests and the National Transportation Policy.
• Hough v. United States Dep't OF Agric.
  707 F.2d 866· 5th Cir.· 1983-06-24 ·cited 8×
  The court held that the district court's finding that the store violated the Food Stamp Act was not clearly erroneous, and the three-year suspension was neither arbitrary nor capricious.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & the United States
  707 F.2d 497· 11th Cir.· 1983-06-16 ·cited 8×
  The court held that the Interstate Commerce Commission did not err in granting Cornett Transportation Company authority to transport food and related products, as the Commission properly considered the applicant's fitness and the public need, and its decision was supported by sub
• C & H Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 850· 5th Cir.· 1983-05-13 ·cited 8×
• Johnson Oyster Co. v. Baldridge
  704 F.2d 1060· 9th Cir.· 1983-04-22 ·cited 8×
  The court held that the Secretary's determination of no commercial fishery failure was within his discretion and not subject to judicial review under the APA, and thus mandamus relief was unavailable.
• Nat'l Ass'n OF Recycling Indus., Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 638· D.C. Cir.· 1983-04-05 ·cited 8×
  The court held that the ICC's order permitting Conrail to cancel joint rates was improper because it failed to ensure compliance with the Staggers Act's rate reduction mandate for recyclables.
• Dana Corp. v. Interstate Commerce Comm'n & United States
  703 F.2d 1297· D.C. Cir.· 1983-04-01 ·cited 8×
  The court held that the Interstate Commerce Commission erred in approving storage charges without allowing shippers to demonstrate that idle-car time was attributable to carrier fault.
• City OF Wausau v. United States & Interstate Commerce Comm'n
  703 F.2d 1042· 7th Cir.· 1983-04-01 ·cited 8×
  The court held that the Interstate Commerce Commission's denial of a petition to reopen a railroad abandonment proceeding was not an abuse of discretion, as it was neither arbitrary nor capricious.
• Nat'l Labor Relations Bd. v. DMR Corp. & Harrill Elec. Contractors, Inc.
  699 F.2d 788· 5th Cir.· 1983-03-11 ·cited 8×
  The court held that the record lacked sufficient evidence to determine the appropriateness of the bargaining unit, requiring a remand to the Board for further proceedings.
• Garcia v. Immigr. & Naturalization Serv.
  690 F.2d 349· 3d Cir.· 1982-10-06 ·cited 8×
  A letter notifying a deportee of their departure date is not a final order for purposes of appellate review under the Immigration and Nationality Act.
• Coastal Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  690 F.2d 537· 6th Cir.· 1982-09-08 ·cited 8×
  The court held that while the Commission's finding of public need was supported by substantial evidence, its finding of fitness, willingness, and ability was arbitrary and capricious due to a lack of reasoned explanation.
• J. H. Rose Truck Line, Inc. v. Interstate Commerce Comm'n & United States
  683 F.2d 952· 5th Cir.· 1982-08-27 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) did not err in granting Van Wyk, Inc. a certificate of public convenience and necessity, as its findings were supported by substantial evidence and not arbitrary or capricious.
• Mobil OIL Corp. v. Dep't OF Energy & James B. Edwards, Jr.
  678 F.2d 1083· Temp. Emer. Ct. App.· 1982-04-29 ·cited 8×
  The Department of Energy (DOE) may not retroactively repromulgate a regulation previously invalidated by the court, but it may prospectively enforce subsequent amendments to that regulation.
• WJG Tel. Co., Inc. v. Fed. Commc'ns Comm'n & United States
  675 F.2d 386· D.C. Cir.· 1982-04-09 ·cited 8×
  The court held that the FCC's order establishing an integrated river-wide communications system, including the 60% coverage requirement and decisions on signalling standards, was not arbitrary, capricious, or an abuse of discretion.
• W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  674 F.2d 160· 2d Cir.· 1982-03-12 ·cited 8×
  The Federal Communications Commission's order permitting international record carriers to detariff their terminal equipment offerings was not arbitrary or capricious, as it was a rational decision based on relevant factors and a logical progression of prior regulatory actions.
• Allen v. United States Parole Comm'n
  671 F.2d 322· 9th Cir.· 1982-03-11 ·cited 8×
  The court held that the United States Parole Commission did consider the petitioner's completion of the NARA program, and therefore did not act arbitrarily or capriciously in denying parole.
• Ill. Terminal R.R. Co. v. Interstate Commerce Comm'n & United States
  671 F.2d 1214· 8th Cir.· 1982-03-11 ·cited 8×
  The court affirmed the ICC's decision, holding that the ICC had jurisdiction to interpret the term 'bridge toll' and that its determination that Item 3 was a terminal charge, not a bridge toll, was supported by substantial evidence.
• Cities OF Aitkin v. Fed. Energy Regulatory Comm'n
  704 F.2d 1254· D.C. Cir.· 1982-03-05 ·cited 8×
  The court held that the Commission properly approved rate increases for depreciation and subtransmission costs but erred in rejecting petitioners' working capital study.
• Sarasota Cnty. Pub. Hosp. Bd. v. Mahfouz El Shahawy, M.D.
  408 So. 2d 644· Fla. 2d DCA· 1981-12-23 ·cited 8×
  The Court of Appeals judgment must be reversed. The Court leaves open whether §§ 6011 and 6063 create enforceable private rights.
• Atencio v. Bd. OF Educ. OF Penasco Indep. Sch. Dist. NO. 4
  658 F.2d 774· 10th Cir.· 1981-09-08 ·cited 8×
  A breach of state procedural requirements, even if creating a property interest, does not automatically constitute a federal constitutional violation under the Due Process Clause if adequate state remedies exist.
• Willy's Grocery v. United States
  656 F.2d 24· 2d Cir.· 1981-07-30 ·cited 8×
  The court held that the Secretary of Agriculture's sanction against Willy's Grocery was proper, as the district court misread the agency's guidelines.
• Ohio Ass'n OF Cmty. Action Agencies v. Fed. Energy Regulatory Comm'n
  654 F.2d 811· D.C. Cir.· 1981-06-15 ·cited 8×
  The court held that section 206(d) of the Natural Gas Policy Act of 1978 authorizes the Federal Energy Regulatory Commission to exempt industrial users from the upper surcharge levels of its incremental pricing system. The court affirmed the Commission's order granting such an ex
• van Fossan v. Int'l Bhd. OF Teamsters Union Local NO. 710 Pension Fund
  649 F.2d 1243· 7th Cir.· 1981-06-05 ·cited 8×
  The court held that the Employee Retirement Income Security Act (ERISA) minimum vesting provisions were inapplicable because the plaintiff's break in service occurred before ERISA's effective date. The court also found that the lower court's summary judgment was not supported by
• N. Plains Res. Council v. United States Env't Prot. Agency
  645 F.2d 1349· 9th Cir.· 1981-05-26 ·cited 8×
  The court held that the EPA's conditional PSD permit was proper, as the Colstrip Units would comply with the applicable 1971 NSPS and the BACT determination was rationally based.
• Shepherd v. Merit Sys. Prot. Bd. & Off. of Pers. Mgmt.
  652 F.2d 1040· D.C. Cir.· 1981-05-20 ·cited 8×
  The court held that the Merit Systems Protection Board and the Office of Personnel Management erred in denying the petitioner's request for a career Senior Executive Service appointment, as the applicable regulations entitled her to request such a conversion.
• RSR Corp. v. Fed. Trade Comm'n
  656 F.2d 718· D.C. Cir.· 1981-04-30 ·cited 8×
  The court affirmed the district court's grant of summary judgment, holding that the FTC's refusal to reopen the antitrust proceeding was not arbitrary and that ex parte communications between the FTC staff and the Commission members regarding the petition to reopen did not violat
• Se. Pa. Transp. Auth. v. Interstate Commerce Comm'n
  644 F.2d 253· 3d Cir.· 1981-03-12 ·cited 8×
  The court affirmed the RSPO's promulgation of a standard requiring interest on late subsidy payments and its refusal to mandate penalties for substandard service, finding these actions were within its statutory authority and not arbitrary or capricious.
• Brousseau v. The United States
  640 F.2d 1235· Ct. Cl.· 1981-01-14 ·cited 8×
  The court held that the Federal Employee Appeals Authority's (FEAA) decision sustaining the charge of conflict of interest or position against the plaintiff was not violative of the First Amendment, not in contravention of Executive Order No. 11491, not arbitrary or capricious, a
• Fred v. Cherry V. the United States
  640 F.2d 1184· Ct. Cl.· 1980-11-19 ·cited 8×
  The court held that the plaintiff has no judicial remedy for the alleged abuse of discretion by the Secretary of the Air Force, as the claim sounds in tort and the court lacks jurisdiction over such claims against the United States.
• Am. Fruit Purveyors, Inc. v. United States & Bob Bergland
  630 F.2d 370· 5th Cir.· 1980-11-13 ·cited 8×
  The court held that the Secretary of Agriculture's decision to suspend AFP's license for forty-four days was not arbitrary, capricious, or unwarranted in law or fact, and that AFP's violations were willful, negating the need for prior notice.
• The Nat'l Wildlife Fed'n v. Brock Adams
  629 F.2d 587· 9th Cir.· 1980-10-02 ·cited 8×
  The court held that the appellees complied with Executive Order 11,990, NEPA, and section 608 of the Military Construction Act, and that the district court did not err in denying a preliminary injunction.
• In re Carter-Mondale Reelection Comm., Inc. v. Fed. Election Comm'n
  642 F.2d 538· D.C. Cir.· 1980-09-12 ·cited 8×
  The Federal Election Commission (FEC) had the authority to examine the face of an administrative complaint challenging a candidate's eligibility for public funding before certifying, but was not obligated to conduct a full investigation if the complaint did not present an extreme
• City OF NEW Smyrna Beach v. Fish
  384 So. 2d 1272· Fla.· 1980-07-17 ·cited 8×
  The Florida Supreme Court reversed the First District Court of Appeal and upheld municipal ordinances establishing garbage and trash collection rates that charge condominium residents the same flat fee as single-family homeowners, despite charging businesses different rates based
• Alers v. The United States
  633 F.2d 559· Ct. Cl.· 1980-07-16 ·cited 8×
  The court held that the plaintiff's removal was proper because she intentionally falsified official government documents, and the Appeals Authority's decision was supported by substantial evidence, not arbitrary or capricious, and free from procedural irregularity.
• York v. Fed. Home Loan Bank Bd. & Fed. Sav. & Loan Ins. Corp.
  624 F.2d 495· 4th Cir.· 1980-07-01 ·cited 8×
  The court held that the Federal Home Loan Bank Board (FHLBB) had the statutory authority to approve conversions of federal mutual savings and loan associations to stock form, and that the approval of First Federal's conversion was not arbitrary or capricious.
• Brick v. Andrus
  628 F.2d 213· D.C. Cir.· 1980-06-06 ·cited 8×
  The court held that the Secretary's decision to disqualify an oil and gas lease offer based on the order of the applicant's name was arbitrary and capricious due to inconsistent application of regulations.
• Ashland Exploration, Inc. v. Fed. Energy Regulatory Comm'n
  631 F.2d 817· D.C. Cir.· 1980-05-29 ·cited 8×
  The court held that the Commission's carrying charge credit policy applied to advance payments 'earned' before Opinion 770-A if they were not actually received by that date, as the Commission opted for certainty in terminating the program.
• Humana OF Va., Inc. v. Blue Cross OF Virginia
  622 F.2d 76· 4th Cir.· 1980-05-09 ·cited 8×
  The court held that the regulation authorizing public disclosure of Medicare cost reports has the force of law and is not arbitrary or capricious, thus allowing disclosure.
• Ctr. FOR Auto Safety & John Hubbard v. Joan Claybrook Nat'l Hwy. Traffic Safety Admin.
  627 F.2d 346· D.C. Cir.· 1980-04-07 ·cited 8×
• Consol. Rail Corp. v. United States & Interstate Commerce Comm'n
  619 F.2d 988· 3d Cir.· 1980-03-28 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) lacked the statutory authority to implement only one factor of a revised car service rate formula while leaving other statutorily mandated factors unaddressed. The court ordered a stay of the effective date of new basic
• Johnson v. Reed
  609 F.2d 784· 5th Cir.· 1980-01-10 ·cited 8×
  The court held that the Air Force acted arbitrarily and capriciously in refusing to correct the training report's closing date and in denying reconsideration of the promotion pass-over after partially correcting the record.
• Am. Petroleum Inst. v. Knecht
  609 F.2d 1306· 9th Cir.· 1979-12-19 ·cited 8×
  The court affirmed the district court's decision, holding that the federal defendants' approval of the California Coastal Management Program complied with the Coastal Zone Management Act and that the district court's findings were reasonable and not arbitrary or capricious.
• Mass. Dep't OF Corr. v. LAW Enf't Assistance Admin.
  605 F.2d 21· 1st Cir.· 1979-09-13 ·cited 8×
  The court held that the Law Enforcement Assistance Administration's (LEAA) denial of a discretionary grant to the Massachusetts Department of Correction (MDOC) was supported by substantial evidence and not arbitrary or capricious, despite some procedural irregularities in the rev
• Seatrain Int'l, S.A. v. Fed. Mar. Comm'n & United States
  598 F.2d 289· D.C. Cir.· 1979-04-12 ·cited 8×
  The court held that the Federal Maritime Commission's order on remand was inadequate because it failed to consider intervening events and incorrectly gauged the public benefits and transportation needs of extending the shipping conference's intermodal authority.
• Barnum v. Nat'l Transp. Safety Bd.
  595 F.2d 869· D.C. Cir.· 1979-03-14 ·cited 8×
  The court held that the National Transportation Safety Board's 150-day suspension of a commercial pilot's certificate was not an abuse of discretion and was in accordance with law.
• Purolator Courier Corp. v. Interstate Commerce Comm'n & United States
  598 F.2d 225· D.C. Cir.· 1979-02-01 ·cited 8×
  The court held that the Interstate Commerce Act does not prohibit bus operators from using vehicles without passengers for picking up and delivering express shipments within a terminal area, nor does it require the same terminal area definition for express as for passengers.
• Nat'l Motor Freight Traffic Ass'n, Inc. v. The Interstate Commerce Comm'n & United States
  590 F.2d 1180· D.C. Cir.· 1978-12-20 ·cited 8×
  The court held that the Interstate Commerce Commission's interpretation of a motor carrier's liability limitation provision was neither arbitrary nor capricious, and thus affirmed the ICC's decision.
• Morris v. Andrus
  593 F.2d 851· 9th Cir.· 1978-11-16 ·cited 8×
  The court held that the district court exceeded its authority by ordering the Secretary of the Interior to issue patents, as the entrymen's arrangements violated federal land statutes and the elements for equitable estoppel against the government were not met.