Arbitrary and Capricious

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

• Clow v. U.S. Dep't OF Hous. & Urban Dev.
  948 F.2d 614· 9th Cir.· 1991-11-05 ·cited 6×
  The court affirmed the district court's judgment for HUD, finding that HUD's denial of the Clows' mortgage assistance application was not arbitrary, capricious, or a clear error of judgment.
• Monongahela Valley Hosp., Inc. v. Louis W. Sullivan, M.D.
  945 F.2d 576· 3d Cir.· 1991-09-20 ·cited 6×
  The court held that it has appellate jurisdiction over the district court's order, which is considered a final decision, and reversed the district court's determination that the hospital was entitled to an exception from the interest offset rule for funded depreciation.
• Dep't OF Labor v. Occupational Safety & Health Review Comm'n
  938 F.2d 1116· 10th Cir.· 1991-07-11 ·cited 6×
  The court held that the petitioner failed to meet its burden of proving Goltra had actual or constructive knowledge of a reasonable probability of injury that could be prevented by face shields.
• DOE v. Fed. Bureau OF Investigation
  936 F.2d 1346· D.C. Cir.· 1991-06-28 ·cited 6×
  The FBI may exempt its Letterhead Memorandum (LHM) from the Privacy Act's amendment requirements under subsections (j) and (k) because the LHM is exemptible as a matter of law and the FBI acted reasonably in exempting it.
• Oldenburger v. Cent. States Se. & Sw. Areas Teamster Pension Fund
  934 F.2d 171· 8th Cir.· 1991-05-30 ·cited 6×
  The court held that the pension fund Trustees' denial of Oldenburger's pension request was not arbitrary or capricious, as they had discretionary authority to construe the plan and based their decision on substantial evidence.
• Info. Providers' Coal. FOR Def. OF THE First Amendment v. Fed. Commc'ns Comm'n & the United States
  928 F.2d 866· 9th Cir.· 1991-03-21 ·cited 6×
  The court held that the FCC's definition of 'indecent' is not unconstitutionally vague and that reverse blocking is a constitutionally permissible method for restricting minors' access to dial-a-porn services.
• Hymel v. Fed. Deposit Ins. Corp.
  925 F.2d 881· 5th Cir.· 1991-03-12 ·cited 6×
  The court held that the FSLIC's deposit insurance determinations are subject to review under the Administrative Procedure Act's arbitrary and capricious standard, not de novo review, and affirmed the agency's interpretation of its regulations.
• Lockhart v. Darral Kenops
  927 F.2d 1028· 8th Cir.· 1991-03-07 ·cited 6×
  The court held that the Forest Service's decision to proceed with the land exchange without preparing an Environmental Impact Statement (EIS) was not arbitrary and capricious and did not violate NEPA, AIRFA, or the First Amendment.
• United States v. Hatcher
  922 F.2d 1402· 9th Cir.· 1991-01-08 ·cited 6×
  The court held that the National Health Service Corps' actions in processing a scholarship recipient's placement were not arbitrary or capricious, and that the recipient's claim of equitable estoppel against the government failed.
• United States v. ONE 1985 Mercedes
  917 F.2d 415· 9th Cir.· 1990-10-25 ·cited 6×
  The court held that the district court did not err in denying discovery concerning the government's civil forfeiture policies, and therefore affirmed the grant of summary judgment.
• Charter Fed. Sav. & Loan Ass'n v. Off. OF Thrift Supervision
  912 F.2d 1569· 11th Cir.· 1990-10-02 ·cited 6×
  The court affirmed the Federal Home Loan Bank Board's denial of Charter Federal Savings and Loan Association's voluntary conversion application, finding the denial was not arbitrary or capricious.
• Int'l Bhd. OF Elec. Workers v. Skinner
  913 F.2d 1454· 9th Cir.· 1990-09-12 ·cited 6×
  The court held that the Research and Special Programs Administration's drug testing rule for pipeline operations was not arbitrary, capricious, or unconstitutional.
• Planned Parenthood Fed'n OF Am. v. Louis Sullivan, M.D.
  913 F.2d 1492· 10th Cir.· 1990-09-06 ·cited 6×
  The court held that the 1988 amendments to HHS regulations facially violate a pregnant woman's Fifth Amendment right to choose abortion and her physician's First Amendment right to speak about abortion.
• Hickory Neighborhood Def. League v. Skinner
  910 F.2d 159· 4th Cir.· 1990-08-08 ·cited 6×
  The court held that the Secretary of Transportation complied with Section 4(f) by making a determination that alternatives to using historic land were not prudent, and the relevant factors supported this decision.
• Action FOR Child's. Television & Off. of Commc'n of the United Church of Christ v. Fed. Commc'ns Comm'n & United States
  906 F.2d 752· D.C. Cir.· 1990-06-26 ·cited 6×
  The court held that petitioners waived their claim that the FCC failed to address their comments by not raising it in a petition for reconsideration. The court also denied the petition challenging the FCC's failure to require more programming information, deferring to a related c
• United Transp. Union v. United States
  905 F.2d 463· D.C. Cir.· 1990-06-15 ·cited 6×
  The court held that the Interstate Commerce Commission (ICC) did not err in approving a railroad line sale and upholding an arbitrator's decision that employees moving to the acquiring railroad were subject to the acquiring railroad's collective bargaining agreement, not their fo
• PPG Indus. Pension Plan A (CIO) v. Elvin J. Crews
  902 F.2d 1148· 4th Cir.· 1990-05-09 ·cited 6×
  ERISA preempts state laws that relate to employee benefit plans, and the pension plan at issue authorized the company to offset pension benefits previously paid from retroactive workers' compensation awards.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  902 F.2d 51· D.C. Cir.· 1990-04-24 ·cited 6×
  The appeal of a preliminary injunction is moot because subsequent legislation enacted by Congress achieved the same outcome as the injunction, rendering the appellate issue non-justiciable.
• Cosgrove v. Bowen
  898 F.2d 332· 2d Cir.· 1990-03-14 ·cited 6×
  The court held that the Secretary's continued application of 42 C.F.R. § 405.551(e) in conjunction with the Deficit Reduction Act, resulting in significantly lower Medicare reimbursements for physicians who converted to direct billing, was arbitrary, capricious, and an abuse of d
• Sw. Bell Corp. v. Fed. Commc'ns Comm'n & United States
  896 F.2d 1378· D.C. Cir.· 1990-03-02 ·cited 6×
  The FCC's accounting rules for asset transfers between regulated telephone companies and their nonregulated affiliates are a reasonable measure to prevent cost shifting and are consistent with prior precedent.
• Delaney v. Env't Prot. Agency
  898 F.2d 687· 9th Cir.· 1990-03-01 ·cited 6×
  The court held that the EPA's approval of Arizona's Clean Air Act implementation plans for Maricopa and Pima counties was arbitrary and capricious because the plans did not provide for attainment of air quality standards as expeditiously as practicable and lacked sufficient contr
• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv.
  891 F.2d 304· D.C. Cir.· 1989-12-08 ·cited 6×
  The court agrees with the majority opinion that the Postal Service did not adequately justify its rule change permitting international remailing.
• Puerto Rican Cement Co., Inc. v. United States Env't Prot. Agency
  889 F.2d 292· 1st Cir.· 1989-10-31 ·cited 6×
  The court held that the EPA's denial of a non-applicability determination (NAD) was lawful and that the company could not build the new kiln without obtaining a Prevention of Significant Deterioration (PSD) permit.
• Dep't of Health & Human Servs. v. Fed. Labor Relations Auth.
  885 F.2d 911· D.C. Cir.· 1989-09-15 ·cited 6×
  The Federal Labor Relations Authority (FLRA) did not act arbitrarily or capriciously in finding that the Indian Health Service (IHS) committed an unfair labor practice by refusing to bargain over union proposals concerning smoking areas, as these proposals did not improperly inte
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  885 F.2d 962· 1st Cir.· 1989-09-14 ·cited 6×
  The court affirmed the Federal Energy Regulatory Commission's orders setting electricity rates, finding that FERC acted within its legal power and discretion in determining the rate of return and cost recovery.
• Bullion v. Fed. Deposit Ins. Corp.
  881 F.2d 1368· 5th Cir.· 1989-09-05 ·cited 6×
  The court held that the FDIC Board correctly found violations of Regulation O's overline and risk of repayment provisions, but reversed and remanded the penalty assessment for Dr. Dazzio.
• Frederic D. Sylvester v. U.S. Army Corps OF Eng'rs
  882 F.2d 407· 9th Cir.· 1989-08-11 ·cited 6×
  The court held that the Corps' evaluation of practicable alternatives and public interest under the CWA and NEPA was not arbitrary or capricious, and thus denied the motion for a preliminary injunction.
• British Motor CAR Distribs., Ltd. v. SAN Francisco Auto. Indus. Welf. Fund
  882 F.2d 371· 9th Cir.· 1989-08-09 ·cited 6×
  The court held that actuarial projections by plan fiduciaries do not constitute a 'mistake of fact' under ERISA section 403(c)(2)(A)(ii), and a transfer of trust funds to successor trusts does not violate LMRA section 302.
• Acadian GAS Pipeline Sys. v. Fed. Energy Regulatory Comm'n
  878 F.2d 865· 5th Cir.· 1989-08-03 ·cited 6×
  The court held that the Commission's interpretation requiring separate rate approval petitions for each new service, despite a previously approved systemwide rate, was arbitrary and capricious because it deviated from past practice without adequate justification.
• Dep't of Agric. v. Fed. Labor Relations Auth.
  879 F.2d 655· 9th Cir.· 1989-07-11 ·cited 6×
  An agency that agrees to binding interest arbitration, even after the Impasses Panel recommends it, forfeits its right to agency head review of the arbitration award under 5 U.S.C. § 7114(c).
• Commonwealth OF Mass. v. United States Nuclear Regulatory Comm'n & United States
  878 F.2d 1516· 1st Cir.· 1989-06-29 ·cited 6×
  The court held that the NRC's decision to allow Pilgrim Nuclear Power Station to restart, its denial of the Commonwealth's petition, and its grant of an exemption from emergency drills were final orders subject to judicial review, but that the Commonwealth was not entitled to a h
• Davis Enters. v. United States Env't Prot. Agency & Bruce Diamond
  877 F.2d 1181· 3d Cir.· 1989-06-27 ·cited 6×
  The EPA's refusal to allow its employee to testify was arbitrary and capricious, violating the fundamental principle that the public has a right to every man's evidence.
• Fla. GAS Transmission Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 42· 5th Cir.· 1989-06-27 ·cited 6×
  The majority erred in finding FERC's imposition of a one-year condition on certificates of public convenience and necessity to be arbitrary and capricious.
• John F. Robinson For the Francis E. Heydt Co. v. Cheney
  876 F.2d 152· D.C. Cir.· 1989-05-23 ·cited 6×
  The court held that the DLA's debarment of FHC was not arbitrary, capricious, or an abuse of discretion, and the regulation was not unconstitutionally vague.
• Platte River Whooping Crane Critical Habitat Maint. Tr. v. Fed. Energy Regulatory Comm'n
  876 F.2d 109· D.C. Cir.· 1989-05-19 ·cited 6×
  The court held that FERC abused its discretion by refusing to assess the need for wildlife protective conditions in the interim annual licenses.
• Lake Hefner Open Space Alliance v. Dole
  871 F.2d 943· 10th Cir.· 1989-03-28 ·cited 6×
  The court held that the district court did not err in granting summary judgment for the defendants, as the agency substantially complied with relevant statutes and regulations, and the plaintiff failed to demonstrate a genuine issue of material fact.
• Hernandez-Luis v. Immigr. & Naturalization Serv.
  869 F.2d 496· 9th Cir.· 1989-03-06 ·cited 6×
  The court affirmed the Board of Immigration Appeals' denial of suspension of deportation and voluntary departure, finding the petitioner did not meet the continuous presence requirement and the BIA did not abuse its discretion in denying voluntary departure.
• Miranda v. Nat'l Transp. Safety Bd. & T. Allen McArtor
  866 F.2d 805· 5th Cir.· 1989-03-02 ·cited 6×
  The court held that the NTSB's decisions affirming the FAA's rulings were not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence, and therefore denied the petitions for review.
• Celestine Pierre v. Conn. Gen. Life Ins. Company/Life Ins. Co. of N. Am.
  866 F.2d 141· 5th Cir.· 1989-02-23 ·cited 6×
  The court held that the denial of insurance benefits was not arbitrary and capricious, as it was based on substantial evidence, and affirmed the lower court's decision.
• Madsen v. Dep't OF Agric.
  866 F.2d 1035· 8th Cir.· 1989-01-30 ·cited 6×
  The court held that while the plaintiff's claims were subject to judicial review under the APA, his failure to exhaust available administrative remedies precluded such review.
• Gilbert v. Fed. Mine Safety & Health Review Comm'n & Sandy Fork Mining Co., Inc.
  866 F.2d 1433· D.C. Cir.· 1989-01-27 ·cited 6×
  The court held that the Commission erred in dismissing the miner's individual complaint due to retroactive application of a new rule and that the Commission's finding that the miner acted in bad faith was not supported by substantial evidence.
• Foltz v. U.S. News & World Report, Inc.
  865 F.2d 364· D.C. Cir.· 1989-01-13 ·cited 6×
  The court held that the valuation of stock for employee retirement benefits, using a minority interest discount rather than a control premium, was permissible under ERISA and the plan documents, as it aligned with the company's goal of perpetuating employee ownership.
• Conservation LAW Found. OF NEW England, Inc. v. Secretary OF THE Interior
  864 F.2d 954· 1st Cir.· 1989-01-05 ·cited 6×
  The court held that the National Park Service's 1985 Management Plan allowing restricted off-road vehicle use on Cape Cod National Seashore was not arbitrary, capricious, or an abuse of discretion.
• Fla. Parole & Prob. Comm'n v. Dornau
  534 So. 2d 789· Fla. 1st DCA· 1988-11-18 ·cited 6×
  The Florida Parole and Probation Commission appealed a mandamus order directing it to reinstate Frederick Dornau's presumptive parole release date (PPRD) without regard to a sentencing judge's objection to his release. The appellate court reversed, finding no statutory violation
• Anchor Pointe Boat-A-Minium Ass'n, Inc. v. Vern Meinke
  860 F.2d 215· 6th Cir.· 1988-10-28 ·cited 6×
  The court held that the district court lacked jurisdiction over Anchor Pointe's Fifth Amendment taking claim because equitable relief is not available for an authorized taking, and claims exceeding $10,000 must be brought in the U.S. Claims Court under the Tucker Act.
• United States Dep't of Health & Human Servs. v. Fed. Labor Relations Auth.
  858 F.2d 1278· 7th Cir.· 1988-10-06 ·cited 6×
  The court held that a proposal to allow nonpreference excepted service employees to challenge adverse employment actions through binding arbitration is not negotiable because it would undermine the exclusive remedial scheme established by the Civil Service Reform Act.
• Astroline Commc'ns Co. Ltd. P'ship v. Fed. Commc'ns Comm'n
  857 F.2d 1556· D.C. Cir.· 1988-09-27 ·cited 6×
  The court held that the Commission erred in denying an evidentiary hearing without properly applying the statutory two-step analysis for petitions to deny, particularly concerning allegations of de facto control.
• Castillo v. Army & AIR Force Exch. Serv.
  849 F.2d 199· 5th Cir.· 1988-07-15 ·cited 6×
  The court held that the employee's separation from service was supported by substantial evidence and followed required procedures, and that the penalty was not an abuse of discretion.
• Flowers Indus. v. Fed. Trade Comm'n
  849 F.2d 551· 11th Cir.· 1988-07-13 ·cited 6×
  The court held that Flowers failed to demonstrate irreparable harm and that the case was not ripe for judicial review because the FTC had not yet initiated enforcement proceedings.
• Horizon AIR Indus., Inc. v. United States Dep't OF Transp.
  850 F.2d 775· D.C. Cir.· 1988-06-28 ·cited 6×
  The court held that the Department of Transportation did not err in awarding a commuter air service route to San Juan Airlines over Horizon Air, considering various factors and procedural aspects.