Arbitrary and Capricious

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

• Sims v. United States Dep't OF Agric. Food & Nutrition Serv.
  860 F.2d 858· 8th Cir.· 1988-11-02 ·cited 7×
  The court held that while the agency's actions were not arbitrary and capricious regarding its guidelines, the district court's factual finding that the store did not have a practice of violating the Act was not clearly erroneous. The court also modified the remedy, reducing the
• Aman v. Fed. Aviation Admin.
  856 F.2d 946· 7th Cir.· 1988-09-12 ·cited 7×
  The FAA's denial of exemptions to the age sixty rule is vacated and remanded because the agency failed to adequately address the petitioners' argument that pilot experience offsets age-related risks.
• Wilkett v. Interstate Commerce Comm'n & United States
  857 F.2d 793· D.C. Cir.· 1988-06-30 ·cited 7×
  The court denied rehearing en banc, affirming the panel's decision to award fees under the Equal Access to Justice Act.
• Ross v. Pension Plan FOR Hourly Emps. OF SKF Indus., Inc.
  847 F.2d 329· 6th Cir.· 1988-05-26 ·cited 7×
  The court held that plant shutdown benefits are not protected by ERISA section 204(g) because they are not accrued benefits, early retirement benefits, retirement-type subsidies, or optional forms of benefit.
• AIR Line Pilots Ass'n v. U.S. Dep't OF Transp.
  838 F.2d 563· D.C. Cir.· 1988-02-05 ·cited 7×
  DOT acted arbitrarily by not considering if collective bargaining protections could be lost after acquisitions, thus reversing and remanding the TAC-Eastern acquisition denial of LPPs.
• S. Cent. United Food & Commercial Workers Unions v. C & G Mkts., Inc.
  836 F.2d 221· 5th Cir.· 1988-01-26 ·cited 7×
  The court held that an employer can offset mistakenly overpaid contributions against a delinquency owed to a benefit plan, but the offset must be calculated correctly, and attorney's fees and auditor's costs must be awarded according to established legal standards.
• Agee v. Baack
  834 F.2d 144· 8th Cir.· 1987-11-25 ·cited 7×
  The court held that the employer's interpretation of its personnel manual regarding separation and vacation benefits was reasonable and affirmed the grant of summary judgment.
• Cal. Energy Res. Conservation & Dev. Comm'n v. Bonneville Power Administration
  831 F.2d 1467· 9th Cir.· 1987-11-06 ·cited 7×
  The dissent argues that the BPA's interim access policy unlawfully discriminates against Southwest utilities and consumers by creating a cartel and restricting free market pricing.
• Ctr. FOR Auto Safety v. Dole
  828 F.2d 799· D.C. Cir.· 1987-09-08 ·cited 7×
  Denials of petitions to investigate alleged safety defects under 15 U.S.C. § 1410a are subject to judicial review under the APA to ensure NHTSA acts according to its 'reasonable possibility' standard and that its findings are not arbitrary or capricious.
• State OF Ariz. v. Thomas
  824 F.2d 745· 9th Cir.· 1987-08-10 ·cited 7×
  The court held that Arizona's petition for review of the EPA's disapproval of its carbon monoxide SIP revision is moot, and that the EPA acted within its authority in disapproving the total suspended particulate SIP revision and reimposing a construction ban.
• van Abbema v. Fornell
  807 F.2d 633· 7th Cir.· 1986-12-10 ·cited 7×
  The court held that the Corps adequately considered environmental impacts but failed to adequately evaluate the economics and alternatives to the proposed facility, requiring a remand.
• AIR Line Pilots Ass'n v. Dep't OF Transp.
  791 F.2d 172· D.C. Cir.· 1986-05-16 ·cited 7×
  The court held that the Civil Aeronautics Board reasonably changed its policy regarding labor protective provisions and did not err in denying an evidentiary hearing.
• Balsam v. Dep't OF Health & Rehabilitative Servs.
  486 So. 2d 1341· Fla. 1st DCA· 1986-03-31 ·cited 7×
  The Florida Department of Health and Rehabilitative Services (HRS) denied appellants' Certificate of Need (CON) application for a 100-bed psychiatric hospital based on a mathematical bed-need formula, finding no projected need. The First District Court of Appeal reversed, holding
• Alberico v. The United States
  783 F.2d 1024· Fed. Cir.· 1986-02-10 ·cited 7×
  The court held that while the appellant may have had a protected property interest in continued employment, he was afforded his due process rights through notice and an opportunity to be heard.
• City OF Hollywood v. Hollywood, Inc.
  432 So. 2d 1332· Fla. 4th DCA· 1983-04-27 ·cited 7×
  The City of Hollywood appealed a trial court judgment invalidating its zoning ordinance for a 92-acre beachfront parcel (North Beach), which imposed a 3,000-unit density cap, created single-family zoning in the eastern Control Zone, and offered transfer of development rights. The
• Danks v. Harrison Fields
  696 F.2d 572· 8th Cir.· 1982-12-28 ·cited 7×
  The court held that the Bureau of Indian Affairs (BIA) violated the terms of grazing permits by increasing fees after the mandatory August 1 deadline specified in the permits.
• Pac. Legal Found. v. Andrus
  657 F.2d 829· 6th Cir.· 1981-08-19 ·cited 7×
  The National Environmental Policy Act (NEPA) does not require the U.S. Fish and Wildlife Service (FWS) to file an environmental impact statement before listing a species as endangered under the Endangered Species Act (ESA).
• Smith v. Daws
  614 F.2d 1069· 5th Cir.· 1980-04-04 ·cited 7×
  The court held that a postal employee's suit for wrongful discharge, based on breach of a collective-bargaining agreement, is barred by the final and binding nature of an arbitrator's decision, as governed by the Postal Reorganization Act.
• Pinellas Cnty. v. Nelson
  362 So. 2d 279· Fla.· 1978-08-31 ·cited 7×
  The Florida Supreme Court held that while a county board of commissioners has wide discretion in formulating a county budget, it cannot arbitrarily or capriciously delete budget requests from a constitutional officer like the Supervisor of Elections. The board must have rational,
• Fayetteville Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  570 F.2d 693· 8th Cir.· 1978-01-25 ·cited 7×
  The court held that the Federal Home Loan Bank Board had the statutory authority to grant a branch application, and that the district court correctly disposed of all issues, including those raised by an amended complaint.
• PAN Am. Petroleum Corp. v. Fed. Power Comm'n
  376 F.2d 161· 10th Cir.· 1967-03-09 ·cited 7×
  The court denied petitions for rehearing, clarifying factual errors in its prior opinion regarding Louisiana's tax structure and the Federal Power Commission's tax reimbursement determinations.
• City of Miami Beach v. Benhow Realty, Inc.
  168 F.2d 378· 5th Cir.· 1948-06-04 ·cited 7×
  The court held that the preliminary injunction was properly issued because the allegations presented grave questions regarding the ordinance's arbitrary enforcement and potential violation of constitutional rights, and the injury to appellees would be irreparable if denied.
• Enge v. Clark
  144 F.2d 638· 9th Cir.· 1944-06-30 ·cited 7×
  The court held that a registrant cannot challenge his Selective Service classification via habeas corpus before reporting for induction, as established in Falbo v. United States.
• Ohio v. Env't Prot. Agency
  603 U.S. 279· U.S.· 2024-06-27 ·cited 6×
  The Supreme Court granted a stay of EPA's Federal Implementation Plan (FIP) for ozone pollution, finding that EPA likely violated the Administrative Procedure Act's arbitrary-and-capricious standard by failing to reasonably explain how its cost-effectiveness analysis would remain
• VHV Jewelers, LLC v. Wolf
  17 F.4th 109· 11th Cir.· 2021-11-01 ·cited 6×
  The Eleventh Circuit held that the agency's denial of VHV Jewelers's L-1 visa extension petition was not arbitrary and capricious, as the agency correctly interpreted the statutory definition of 'executive capacity' and reasonably found the evidence insufficient.
• Jallali v. Nova Se. Univ., Inc.
  992 So. 2d 338· Fla. 4th DCA· 2008-10-01 ·cited 6×
  A medical student sued Nova Southeastern University for breach of implied contract after the university dismissed him for failing to meet updated graduation requirements, specifically passing the Comlex Level II exam. The Fourth District Court of Appeal reversed a jury verdict aw
• Amr Salam v. Bd. OF Prof'l Eng'rs
  946 So. 2d 48· Fla. 1st DCA· 2006-12-15 ·cited 6×
  An applicant for professional engineer licensure sought mandamus relief against the Board of Professional Engineers for failing to grant or deny his petition for formal hearing within the statutory 15-day period. The court granted the petition, awarded attorney's fees, and held t
• Smorto v. 3DI Techs., Inc.
  393 F. Supp. 2d 1304· M.D. Fla.· 2005-05-23 ·cited 6×
  The court held that Prudential's denial of long-term disability benefits was not arbitrary and capricious, as it had a reasonable basis in the administrative record.
• Florida Key Deer v. Brown
  364 F. Supp. 2d 1345· S.D. Fla.· 2005-03-29 ·cited 6×
  The court held that the 2003 Biological Opinion failed to adequately consider the effects of FEMA's NFIP after the adoption of the 1997 RPAs, and that the 2003 RPAs illegally relied on voluntary measures and failed to account for cumulative effects of projects.
• Hufford v. Harris Corp.
  322 F. Supp. 2d 1345· M.D. Fla.· 2004-05-18 ·cited 6×
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as requiring objective medical evidence is reasonable even if not explicitly stated in the plan.
• Parness v. Metro. Life Ins.
  291 F. Supp. 2d 1347· S.D. Fla.· 2003-08-13 ·cited 6×
  The court held that the heightened arbitrary and capricious standard of review applies to ERISA benefit denials when the plan grants discretion and the administrator has a conflict of interest, and that review is limited to the administrative record.
• City OF Sweetwater v. Solo Constr. Corp.
  823 So. 2d 798· Fla. 3d DCA· 2002-05-01 ·cited 6×
  The City of Sweetwater violated Florida's competitive bidding statutes by awarding a public works contract to United Engineering Corporation instead of Solo Construction Corporation, the lowest responsive and responsible bidder. The trial court issued a writ of mandamus and injun
• MCI Telecomms. Corp. v. BellSouth Telecomms., Inc.
  112 F. Supp. 2d 1286· N.D. Fla.· 2000-06-06 ·cited 6×
  The court held that the Florida Public Service Commission's pricing methodology was inconsistent with FCC regulations and that dark fiber should be considered a network element, but remanded the issue of a compensation mechanism for further consideration.
• Luton v. Prudential Ins. Co. of Am.
  88 F. Supp. 2d 1364· S.D. Fla.· 2000-03-23 ·cited 6×
  The court held that the term 'mental, psychoneurotic or personality disorder' in the disability plan is ambiguous, and construing it against the insurer, plaintiff's interpretation that his depression is physically based is reasonable, entitling him to benefits.
• Marine Indus. Ass'n OF S. Fla., Inc. v. Fla. Dep't OF Env't Prot. & Save the Manatee Club, Inc.
  672 So. 2d 878· Fla. 4th DCA· 1996-05-01 ·cited 6×
  The Marine Industries Association challenged the constitutionality of Florida's Manatee Sanctuary Act and a Department of Environmental Protection rule establishing slow-speed boating zones in Broward County intracoastal waters. The Fourth District Court of Appeal affirmed the st
• D.A.B. Constructors, Inc. v. State
  656 So. 2d 940· Fla. 1st DCA· 1995-05-17 ·cited 6×
  D.A.B. Constructors sought a writ of mandamus to compel the Florida Department of Transportation to reject White Construction's bid as nonresponsible and award the contract to D.A.B. The court held that contractor responsibility determinations based on delinquency must be resolve
• Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm'n & the United States
  988 F.2d 146· D.C. Cir.· 1993-03-16 ·cited 6×
  The court held that the NRC's denial of exemptions for UF6 converters based on pass-through inability and its intra-class allocation of low-level radioactive waste disposal costs were not adequately reasoned, requiring remand. However, the court affirmed the general fee allocatio
• Bernards v. United OF Omaha Life Ins. Co.
  987 F.2d 486· 8th Cir.· 1993-02-25 ·cited 6×
  The court held that the record was insufficient to determine if the insurer's denial of benefits was arbitrary and capricious, requiring further development of the record.
• Ass'n of Accredited Cosmetology Schs. v. Alexander
  979 F.2d 859· D.C. Cir.· 1992-11-24 ·cited 6×
  The court held that the Student Loan Default Prevention Initiative Act and its implementing regulations are constitutional, not retroactive, and do not violate due process or contract rights.
• Johnson v. Nat'l Transp. Safety Bd.
  979 F.2d 618· 7th Cir.· 1992-11-13 ·cited 6×
  The court held that the National Transportation Safety Board's findings of fact were supported by substantial evidence and that the penalty imposed was not arbitrary or capricious.
• W.H. Nimon v. Resolution Tr. Corp.
  975 F.2d 240· 5th Cir.· 1992-10-21 ·cited 6×
  The court held that the Resolution Trust Corporation's denial of federal deposit insurance coverage was not arbitrary and capricious, and the procedures followed provided due process. Jurisdiction for review lies with the court of appeals.
• Winchester v. Prudential Life Ins. Co. OF Am.
  975 F.2d 1479· 10th Cir.· 1992-09-24 ·cited 6×
  The court held that heart failure alone does not constitute 'bodily injury' under an accidental death policy under Utah law, and that the insurer's interpretation was not arbitrary and capricious.
• Martinez v. Immigr. & Naturalization Serv.
  970 F.2d 973· 1st Cir.· 1992-07-28 ·cited 6×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying a waiver of deportation, as its decision was rational and based on the petitioner's significant criminal history.
• Aronson v. Internal Revenue Serv.
  973 F.2d 962· 1st Cir.· 1992-07-10 ·cited 6×
  The court held that the IRS is not required to disclose taxpayer street addresses under FOIA because a specific tax statute exempts such information, and the requester does not qualify as 'press or other media' to whom disclosure is permitted. The court also affirmed the denial o
• Nat'l Gypsum Co. v. United States Env't Prot. Agency
  968 F.2d 40· D.C. Cir.· 1992-06-19 ·cited 6×
  The EPA's decision to list the Salford Quarry on the National Priorities List was arbitrary and capricious due to inadequate scientific basis for toxicity and persistence scores.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency
  966 F.2d 1292· 9th Cir.· 1992-06-04 ·cited 6×
  The court held that EPA's definition of 'discharge associated with industrial activity' was a permissible construction of the statute, and that NRDC's claims regarding permit deadlines and substantive controls were premature.
• Citizens FOR Clean AIR & Council for Land Care & Planning v. United States Env't Prot. Agency
  959 F.2d 839· 9th Cir.· 1992-03-26 ·cited 6×
  The court held that the EPA's denial of Citizens' petitions for administrative review was not arbitrary or capricious, as Citizens failed to provide sufficient evidence to demonstrate that recycling should be considered a Best Available Control Technology (BACT) for the Spokane i
• Cascade Natural GAS Corp. v. Fed. Energy Regulatory Comm'n
  955 F.2d 1412· 10th Cir.· 1992-02-07 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) has jurisdiction under the Natural Gas Act (NGA) to authorize the construction of a pipeline tap and meter facility for direct delivery of natural gas to industrial consumers, as this constitutes interstate trans
• Phillips Petroleum Co. v. Manual Lujan
  951 F.2d 257· 10th Cir.· 1991-12-02 ·cited 6×
  The court held that the Secretary of the Interior has the authority to order a lessee to provide records for an audit, even if those records pertain to a period outside the general statute of limitations for collecting royalties.
• Lewis v. Art Beeler
  949 F.2d 325· 10th Cir.· 1991-11-13 ·cited 6×
  The court held that the Parole Commission could reopen a prisoner's case based on new information, consider evidence from a sentencing transcript even if the judge declined to consider it, and make its own findings regarding uncharged conduct, even if the sentencing judge made a