Arbitrary and Capricious

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

• Columbia GAS Transmission Corp. v. Fed. Energy Regulatory Comm'n
  848 F.2d 250· D.C. Cir.· 1988-06-03 ·cited 6×
  The court held that FERC's denial of Columbia Gas's application for an individual section 7(c) certificate to transport natural gas at a selective discount was not arbitrary or capricious.
• Jones v. Illinois Central Gulf Railroad
  846 F.2d 1099· 7th Cir.· 1988-05-06 ·cited 6×
  The court held that the Benefits Review Board's regulation, 20 C.F.R. § 802.205A(e), is a valid procedural rule that correctly renders an appeal premature if a motion for reconsideration is filed after the appeal but before the reconsideration decision. The regulation does not co
• Acumenics Research & Tech. v. United States Dep't OF Just.
  843 F.2d 800· 4th Cir.· 1988-04-05 ·cited 6×
  The court held that Acumenics failed to demonstrate that disclosure of unit pricing information would cause substantial competitive harm, and thus the district court did not err in upholding the DOJ's decision to release the information.
• Shanty Town Assocs. Ltd. P'ship v. Env't Prot. Agency
  843 F.2d 782· 4th Cir.· 1988-04-04 ·cited 6×
  The court held that the EPA had statutory authority to impose grant conditions restricting development to further the FWPCA's water quality goals, and that the plaintiff had standing to challenge these conditions.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  842 F.2d 1296· D.C. Cir.· 1988-03-29 ·cited 6×
  The dissenting judge would have required the FCC to address the issue of whether SNFAs had to be filed pursuant to section 211(a).
• Mead Johnson Pharm. Grp. v. Bowen
  838 F.2d 1332· D.C. Cir.· 1988-02-12 ·cited 6×
  The court held that the FDA's interpretation of 'approved' as the date of the notification letter was permissible and consistent with congressional intent, thus affirming the lower court's decision.
• Coal. Against A Raised Expressway, Inc. v. Dole
  835 F.2d 803· 11th Cir.· 1988-01-13 ·cited 6×
  The court held that the FHWA conducted a good faith study of alternatives and impacts, complied with the cooperative planning process, but must comply with Section 4(f) because the elevated expressway would constructively use protected parkland and historic buildings.
• Errol B. Resnick v. United States Parole Comm'n
  835 F.2d 1297· 10th Cir.· 1987-12-21 ·cited 6×
  The court held that applying the parole statute and guidelines in effect at the time of the parole hearings, rather than at the time of the offenses, did not violate the ex post facto clause or due process rights, as the denial was based on the seriousness of the offenses and had
• Nat'l Eng'g & Contracting Co. v. The United States
  838 F.2d 815· 6th Cir.· 1987-12-01 ·cited 6×
  The court affirmed the Commission's finding that National violated the OSHA standard for unguarded floor openings, holding that the work was construction and compliance was feasible.
• McDONALD v. Bd. OF Miss. Levee Comm'rs
  832 F.2d 901· 5th Cir.· 1987-11-25 ·cited 6×
  The Eleventh Amendment does not bar this suit as the Levee Board is not an arm of the state, and the district court did not err in finding a property interest in grazing rights or in its procedural rulings.
• Am. Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & United States
  832 F.2d 1285· D.C. Cir.· 1987-11-10 ·cited 6×
  The court held that the FCC did not act arbitrarily or capriciously in setting the discount rate for non-premium access, as the rate was based on the value of premium access and supported by the record.
• Goanna M. Drombetta v. Sec'y OF Health & Human Servs.
  845 F.2d 607· 6th Cir.· 1987-10-21 ·cited 6×
  The court held that the Secretary of Health and Human Services' use of the pooled-fund method to determine one-half support was not arbitrary and capricious and comported with the relevant regulations.
• Campbell v. City OF Allen Park & Frank Lada
  829 F.2d 576· 6th Cir.· 1987-09-18 ·cited 6×
  The court held that a federal civil rights action was barred by a prior state court judgment that had already provided reinstatement and back pay, and that the city's denial of a residency waiver was not an unconstitutional arbitrary or capricious act.
• M.M. Winter v. Interstate Commerce Comm'n & United States
  828 F.2d 1320· 8th Cir.· 1987-09-16 ·cited 6×
  The court affirmed the Interstate Commerce Commission's decision granting Dakota Rail an exemption from regulatory requirements for operating an abandoned rail line, and declining to impose employee protective conditions.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  825 F.2d 238· 9th Cir.· 1987-08-18 ·cited 6×
  The court held that the ICC's decision not to impose labor protective conditions on the selling carrier was arbitrary and capricious because it failed to articulate a satisfactory explanation and apply the law to the specific facts of the case.
• Satellite Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  824 F.2d 1· D.C. Cir.· 1987-07-07 ·cited 6×
  The court held that the FCC failed to provide adequate notice of its filing location rules, making the dismissal of SBC's applications arbitrary and capricious.
• United States Naval Ordnance Station v. Fed. Labor Relations Auth.
  818 F.2d 545· 6th Cir.· 1987-05-12 ·cited 6×
  The court held that bargaining proposals requiring personnel assignments based on seniority are non-negotiable because they infringe upon management's statutory right to assign employees.
• Med. Inst. OF Minn. v. Nat'l Ass'n OF Trade & Tech. Schs.
  817 F.2d 1310· 8th Cir.· 1987-05-01 ·cited 6×
  The court held that the decision of a private accrediting association not to reaccredit a school is not state action, and absent constitutional violations, the court will review such decisions for arbitrariness, unreasonableness, or lack of substantial evidence.
• Manatee Cnty. v. Marks
  504 So. 2d 763· Fla.· 1987-04-09 ·cited 6×
  The court held that the Public Service Commission's denial of Manatee County's request to change a telephone service exchange boundary was supported by competent, substantial evidence and was not arbitrary.
• John W. Fitzhugh, M.D. v. Drug Enforcement Administration
  813 F.2d 1248· D.C. Cir.· 1987-03-24 ·cited 6×
  The court affirmed the administrator's order revoking the petitioner's DEA certificate of registration, finding that the petitioner received a full and fair hearing and that the administrator did not abuse his discretion.
• Appleton Mem'l Hosp. v. Bowen
  814 F.2d 408· 7th Cir.· 1987-03-10 ·cited 6×
  The court held that the district court erred in ordering reimbursements under pre-1979 rules and that the case must be remanded for processing under the new 1986 Rule.
• Am. Fed'n of Gov't Emps., Afl-Cio v. Fed. Labor Relations Auth.
  811 F.2d 769· 2d Cir.· 1987-02-10 ·cited 6×
  The court held that the agency was not required to provide the requested personnel records because the union failed to adequately demonstrate the necessity of the information for collective bargaining purposes.
• Cent. Tool Co. v. Int'l Ass'n of MacHinists Nat'l Pension Fund
  811 F.2d 651· D.C. Cir.· 1987-02-10 ·cited 6×
  The termination of past service credits by a pension fund does not violate Section 302(c)(5) of the Labor Management Relations Act if the rule was in place before the employer joined the plan and was implicitly approved through collective bargaining.
• Vineland Chem. Co., Inc. v. United States Env't Prot. Agency
  810 F.2d 402· 3d Cir.· 1987-02-06 ·cited 6×
  The court held that it has jurisdiction to review the EPA's termination of a hazardous waste facility's interim status under RCRA, and that the EPA's interpretation requiring certification of compliance by a specific deadline was reasonable and lawful.
• Health & Med. Policy Research Grp. v. Fed. Commc'ns Comm'n
  807 F.2d 1038· D.C. Cir.· 1986-12-23 ·cited 6×
  The FCC's grant of a temporary waiver from its cross-ownership rules to allow Fox Television Stations, Inc. to acquire television licenses while owning newspapers in the same geographic areas was within the FCC's discretion and supported by adequate findings.
• Charter Peachford Hosp., Inc. v. Bowen
  803 F.2d 1541· 11th Cir.· 1986-11-12 ·cited 6×
  The court held that Charter Peachford's teacher-therapists' salaries for its educational program are allowable costs under Medicare, and these costs should be treated as routine, not ancillary, services.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency & Lee Thomas
  804 F.2d 710· D.C. Cir.· 1986-11-04 ·cited 6×
  The court held that the EPA Administrator has discretion under section 112 of the Clean Air Act to consider economic and technological feasibility when setting emission standards, and the agency's withdrawal of proposed regulations based on these factors was reasonable.
• Mountain States Legal Found. v. Hodel
  799 F.2d 1423· 10th Cir.· 1986-08-22 ·cited 6×
  The court held that the case should be remanded for fact-finding to determine if the government's failure to remove wild horses from private land constitutes a Fifth Amendment taking.
• State OF Alaska v. Lyng
  797 F.2d 1479· 9th Cir.· 1986-08-20 ·cited 6×
  The court held that the Forest Service's 25-mile requirement for land selections is an arbitrary and irrational standard not supported by the Alaska Statehood Act.
• Granville House, Inc. v. The Dep't OF Health
  796 F.2d 1046· 8th Cir.· 1986-07-18 ·cited 6×
  The court held that Granville is entitled to attorneys' fees under the Equal Access to Justice Act because the government's position was not substantially justified, and the common fund theory was inapplicable.
• Heinemann v. the United States
  796 F.2d 451· Fed. Cir.· 1986-07-17 ·cited 6×
  The court held that Executive Order No. 10096 is constitutional and that the Claims Court correctly affirmed the administrative determination that the Government owns the patent on the invention made by a Government employee.
• Dep't of Health & Human Servs. v. Fed. Labor Relations Auth.
  791 F.2d 324· 4th Cir.· 1986-05-22 ·cited 6×
  The court should defer to the FLRA's decision that the union's proposal was negotiable.
• United States v. Gig and Jeannette Eberhardt
  789 F.2d 1354· 9th Cir.· 1986-05-16 ·cited 6×
  The court did not issue a holding in this concurrence, but the author expresses concern that the federal government's disjointed management of the Klamath River anadromous fishery deprives Indian tribes of commercial access.
• Celcom Commc'ns Corp. of Ga. v. Fed. Commc'ns Comm'n
  787 F.2d 609· D.C. Cir.· 1986-04-04 ·cited 6×
  The court affirmed the FCC's award of a cellular license, holding that the FCC's comparative evaluation of geographic and population coverage using 39 dBu contours was reasonable and supported by substantial evidence, and that procedural rulings regarding amendments and cross-exa
• Grasso v. Internal Revenue Serv.
  785 F.2d 70· 3d Cir.· 1986-03-04 ·cited 6×
  The court held that the Freedom of Information Act (FOIA) controls judicial review of IRS disclosure decisions regarding return information, not the Internal Revenue Code provision § 6103(e)(7).
• Mercy Cmty. Hosp. v. Heckler
  781 F.2d 1552· 11th Cir.· 1986-02-14 ·cited 6×
  The court held that the Secretary's interpretation of Regulation 405.415(f) to recapture depreciation payments based on the excess of sale price over book value, without distinguishing between actual asset consumption and market-driven gains, was not reasonably related to the Med
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• State OF Minn. v. Heckler
  779 F.2d 1335· 8th Cir.· 1985-12-12 ·cited 6×
  The Secretary's disapproval of Minnesota's fifteen-day and waiver policies for its Medicaid plan was proper, as the policies violated federal requirements for uniform resource standards and prompt eligibility redeterminations.
• Mercy Hosp. OF Laredo v. Heckler
  777 F.2d 1028· 5th Cir.· 1985-12-06 ·cited 6×
  The court held that the hospitals failed to exhaust their administrative remedies by not utilizing the available exceptions process, thus precluding judicial review of the Secretary's disallowance of their Medicare reimbursement claims.
• Simmons v. Interstate Commerce Comm'n & United States
  784 F.2d 242· 7th Cir.· 1985-10-22 ·cited 6×
  The court held that the Interstate Commerce Commission (ICC) had the authority to reopen a previously dismissed rail abandonment proceeding when a sale failed, and that its decisions regarding cost calculations and evidentiary burdens were not arbitrary or capricious.
• Herrick K. Lidstone v. Block
  773 F.2d 1135· 10th Cir.· 1985-09-30 ·cited 6×
  The court held that the trial court properly granted summary judgment and denied recusal, affirming the Forest Service's right-of-way grant.
• State OF Me. & Patricia M. Mc-Donough v. United States Dep't OF Labor
  770 F.2d 236· 1st Cir.· 1985-08-09 ·cited 6×
  The court held that it lacked the power to grant meaningful relief regarding a past grant award due to mootness and that there was no reasonable likelihood of unlawful future behavior by the Department of Labor.
• NL Indus., Inc. v. Sec'y OF the Interior OF the United States
  777 F.2d 433· 9th Cir.· 1985-07-25 ·cited 6×
  An intervenor may appeal an adverse judgment even if the primary party does not appeal, and the Secretary's interpretation of the Federal Land Policy and Management Act requiring annual filings after initial recording, even within the initial three-year grace period, is not arbit
• H.D. Fitzpatrick, Jr. v. Fed. Deposit Ins. Corp.
  765 F.2d 569· 6th Cir.· 1985-06-19 ·cited 6×
  A bank director's unperfected security interest in collateral for a loan to an affiliate is insufficient to meet statutory collateral requirements, and reliance on interested parties' representations regarding loan aggregation is not a valid defense against penalties for violatin
• Ventura Broad. Co. v. Fed. Commc'ns Comm'n
  765 F.2d 184· D.C. Cir.· 1985-06-18 ·cited 6×
  The court held that the FCC failed to adequately explain its departure from prior policy regarding spousal attribution in comparative licensing proceedings.
• Shoreham Coop. Apple Producers Ass'n, Inc. v. Donovan
  764 F.2d 135· 2d Cir.· 1985-06-13 ·cited 6×
  The court held that the Department of Labor's adoption of a new methodology for calculating adverse effect wage rates (AERs) using BLS ES-202 data was not arbitrary or capricious, and was a proper exercise of agency discretion.
• Gee v. Boyd
  471 U.S. 1058· U.S.· 1985-04-22 ·cited 6×
• Geib v. NEW York State Teamsters Conf. Pension & Ret. Fund & Al Sgaglione
  758 F.2d 973· 3d Cir.· 1985-04-09 ·cited 6×
  The court held that the trustees did not violate ERISA or act arbitrarily and capriciously by suspending pension benefits for reemployed pensioners who had not reached the normal retirement age of 65.
• United States v. Occi Co.
  758 F.2d 1160· 7th Cir.· 1985-03-28 ·cited 6×
  The court's prior holding that a mortgagor can use the Department's failure to comply with national housing objectives as a defense to foreclosure is questionable.
• Captain Dale M. Hartikka v. United States
  754 F.2d 1516· 9th Cir.· 1985-03-06 ·cited 6×
  The dissenting judge believes the district court should be affirmed because the plaintiff has shown genuinely extraordinary irreparable injury due to the stigma of a general discharge, distinguishing it from ordinary employment termination cases.