Arbitrary and Capricious

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

• Swentek v. The United States
  658 F.2d 791· Ct. Cl.· 1981-08-19 ·cited 6×
  The court held that the Appellate Review Board erred in reversing the Federal Employee Appeals Authority's decision based on scope of review, and that the Federal Personnel Manual allows for limited merit review of past disciplinary actions.
• Bus. Ass'n OF Univ. City v. Landrieu
  660 F.2d 867· 3d Cir.· 1981-08-05 ·cited 6×
  The court held that the agency's decision could not be set aside because it was not arbitrary, capricious, an abuse of discretion, or a clear error of judgment.
• Doubleday Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  655 F.2d 417· D.C. Cir.· 1981-06-26 ·cited 6×
  The court held that the FCC acted arbitrarily and capriciously by denying Doubleday's request for conforming call signs, as the denial was inconsistent with prior FCC decisions in substantially similar cases.
• Miss. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  650 F.2d 551· 5th Cir.· 1981-06-25 ·cited 6×
  The court affirmed the ICC's order allowing abandonment, finding it supported by substantial evidence and not arbitrary or capricious.
• Stewards Found. v. The United States
  654 F.2d 28· Ct. Cl.· 1981-06-17 ·cited 6×
  The court held that the defendant Medicare intermediary could retroactively adjust previously allowed depreciation costs when a hospital was sold for more than its historical cost, even if a portion of the proceeds was subject to a public trust. The court also found the reopening
• Bethlehem Steel Corp. v. United States Env't Prot. Agency
  651 F.2d 861· 3d Cir.· 1981-06-08 ·cited 6×
  The court held that the EPA erred in disapproving the Delayed Compliance Order (DCO) because the DCO met the statutory requirements for interim emission reductions and final compliance, and the canopy hood system qualified as a 'new means' of emission limitation.
• Lt. Col. Jorge M. Pardo v. The United States
  648 F.2d 1330· Ct. Cl.· 1981-05-06 ·cited 6×
  The court held that it lacked jurisdiction to award Variable Incentive Pay (VIP) because its award is discretionary and does not create a clear monetary entitlement. Therefore, the plaintiff's claim was dismissed.
• Jensen v. The Adm'r OF the Fed. Aviation Admin. & the Nat'l Transp. Safety Bd.
  641 F.2d 797· 9th Cir.· 1981-04-09 ·cited 6×
  The court held that the denial of a medical certificate for prior alcohol abuse does not violate 42 U.S.C. § 4561(c)(1) because public safety and medical uncertainty are primary reasons for disqualification, and the position of pilot is a 'sensitive' position exempt under § 4561(
• Am. Meat Inst. v. United States Dep't OF Agric.
  646 F.2d 125· 4th Cir.· 1981-04-07 ·cited 6×
  The court held that the district court erred in enjoining the Secretary's regulation because the agency action had a rational basis in the administrative record and was not arbitrary or capricious.
• Rowland v. Marshall
  650 F.2d 28· 4th Cir.· 1981-03-23 ·cited 6×
  The court held that the Secretary of Labor did not act arbitrarily or capriciously in calculating the adverse effect wage rate (AEWR) and that there is no requirement to consider the prevailing wage rate in an affected area for this calculation.
• Santos v. Miami Region
  642 F.2d 21· 1st Cir.· 1981-03-04 ·cited 6×
  The court held that the employee's speech was not constitutionally protected and that the removal was not arbitrary or capricious, affirming the agency's decision in part.
• Elvin B. Miller v. Langhorne M. Bond
  641 F.2d 997· D.C. Cir.· 1981-02-05 ·cited 6×
  The court held that the FAA's notice of proposed suspension was insufficient because it failed to provide specific and detailed reasons for rejecting the employees' sick leave claims, and that the denial of sick leave was procedurally defective due to the agency's failure to prov
• Action ON Smoking AND Health v. Harris
  655 F.2d 236· D.C. Cir.· 1980-12-19 ·cited 6×
  The court held that the FDA's refusal to assert jurisdiction over cigarettes as drugs was not arbitrary, capricious, or contrary to law, affirming the district court's judgment.
• Citizens FOR Mass Transit, Inc. v. Brock Adams
  630 F.2d 309· 5th Cir.· 1980-11-10 ·cited 6×
  The court held that the Final Environmental Impact Statement (FEIS) prepared by the Coast Guard for the New Orleans Downstream Parallel Bridge project was adequate and complied with the National Environmental Policy Act (NEPA).
• Democratic Senatorial Campaign Comm. v. Fed. Election Comm'n
  660 F.2d 773· D.C. Cir.· 1980-10-09 ·cited 6×
  The court held that agency agreements allowing the National Republican Senatorial Committee (NRSC) to spend funds on behalf of state party committees violate the plain language of the Federal Election Campaign Act (FECA).
• Columbus & S. Ohio Elec. Co. v. Costle
  638 F.2d 910· 6th Cir.· 1980-09-30 ·cited 6×
  The court held that EPA's nonattainment designation for Coshocton County was based on flawed modeling and lacked a timely rationale, requiring remand. However, EPA's designation for Pickaway County was not arbitrary or capricious.
• Usery v. Franklin R. Lacy (Aqua View Apartments)
  628 F.2d 1226· 9th Cir.· 1980-09-24 ·cited 6×
  An employer constructing a medium-sized apartment building is covered by the Occupational Safety and Health Act (OSHA) because its activities, in the aggregate, affect commerce.
• Nat'l Pork Producers Council v. Bergland
  631 F.2d 1353· 8th Cir.· 1980-09-23 ·cited 6×
  The court held that the USDA's regulations permitting nitrate and nitrite-free meat products to be sold under traditional names, with specific labeling, were a proper exercise of authority and not arbitrary, capricious, or unlawful.
• Murray R. Sorensen v. Skinner
  627 F.2d 136· 8th Cir.· 1980-08-01 ·cited 6×
  The court held that the district court properly dismissed the first cause of action for lack of jurisdiction due to arbitration and affirmed the dismissal of the second cause of action as the arbitration award was not arbitrary or capricious.
• Randolph-Sheppard Vendors OF Am., Inc. v. Harris
  628 F.2d 1364· D.C. Cir.· 1980-07-11 ·cited 6×
  The court held that the agency's regulations implementing the Randolph-Sheppard Act Amendments were not arbitrary, capricious, or contrary to law, and that detailed findings of fact were unnecessary for a summary judgment decision.
• Georgia-Florida-Alabama Transp. Co. v. Interstate Commerce Comm'n & United States
  614 F.2d 1078· 5th Cir.· 1980-04-04 ·cited 6×
  The court held that the Interstate Commerce Commission's decision to grant temporary motor carrier authority was not arbitrary, capricious, or an abuse of discretion, and was supported by evidence in the record.
• Sacred Heart Hosp. v. The United States
  616 F.2d 477· Ct. Cl.· 1980-02-20 ·cited 6×
  The court held that it had jurisdiction over the 1973 cost period and that the defendant's disallowance of the plaintiff hospital's administrative costs for its inhalation therapy department was arbitrary, capricious, and contrary to law.
• Wine Indus. OF Fla., Inc. v. Miller
  609 F.2d 1167· 5th Cir.· 1980-01-15 ·cited 6×
  ATF Rule 77-4 is unconstitutional because it conflicts with Florida law, and the federal interest is insufficient to override state regulation under the Twenty-first Amendment.
• Belenke v. Sec. & Exch. Comm'n
  606 F.2d 193· 7th Cir.· 1979-09-27 ·cited 6×
  The court held that the SEC properly approved the CBOE's rule amendment replacing board brokers with OBOs, finding no procedural or substantive defects under the Securities Exchange Act.
• Va. Appalachian Lumber Corp. v. Interstate Commerce Comm'n & the United States
  606 F.2d 1385· D.C. Cir.· 1979-09-26 ·cited 6×
  The court held that the Interstate Commerce Commission's fitness flagging procedures, as previously applied, violated the Administrative Procedure Act, but affirmed the Commission's finding that VALCO was unfit to operate due to numerous and persistent violations of the Interstat
• Abbruzzese v. Berzak
  601 F.2d 107· 3d Cir.· 1979-07-06 ·cited 6×
  The court held that an employee who fails to file a timely appeal, even if relying on erroneous advice, forfeits their appeal rights and does not have a constitutional claim for a hearing.
• BEN Ruegsegger Trucking Serv., Inc. v. Interstate Commerce Comm'n & United States
  600 F.2d 591· 6th Cir.· 1979-06-29 ·cited 6×
  The court affirmed the Interstate Commerce Commission's order granting McCurdy Trucking Company an extension of its common carrier authority.
• NCNB Corp. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  599 F.2d 609· 4th Cir.· 1979-06-15 ·cited 6×
  The court held that the Board of Governors' order denying NCNB permission to retain ownership of its insurance subsidiaries was not arbitrary or capricious and that the application was not deemed granted due to the Board's timely action.
• Nat'l Labor Relations Bd. v. Meyer Label Co., Inc.
  597 F.2d 18· 2d Cir.· 1979-04-06 ·cited 6×
  The court held that the Board's determination of a separate bargaining unit for lithographic production employees was not supported by substantial evidence and was arbitrary, thus denying enforcement of the Board's order.
• Pre-Fab Transit Co. v. United States & Interstate Commerce Comm'n
  595 F.2d 384· 7th Cir.· 1979-03-30 ·cited 6×
  The court held that the ICC's denial of Pre-Fab's application was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion, even if it arguably departed from prior precedent.
• State Bank OF Fargo v. The Merchs. Nat'l Bank & Tr. Co. OF Fargo
  593 F.2d 341· 8th Cir.· 1979-02-28 ·cited 6×
  The court held that under North Dakota law, state banks can operate customer electronic funds transfer centers (CBCTs) if federal financial institutions are permitted to use similar machines, thus allowing national banks to operate CBCTs under federal law.
• Dairy Sales Corp. v. The United States
  593 F.2d 1002· Ct. Cl.· 1979-02-21 ·cited 6×
  Anticipated profits are not recoverable under a contract terminated for the convenience of the government when no work has been performed on the terminated portion. Claims for costs must be supported by sufficient evidence of value and necessity.
• Charles v. Hallenbeck, Jr.
  590 F.2d 852· 10th Cir.· 1979-01-18 ·cited 6×
  The court held that the administrative findings of invalidity of the mining claims were supported by substantial evidence and were not arbitrary, capricious, or contrary to law.
• Karlen v. Harris
  590 F.2d 39· 2d Cir.· 1978-12-14 ·cited 6×
  Delay is an impermissible factor when considering the social environmental impact of concentrating low-income housing, and HUD cannot override Congress's purpose of integration.
• Ligon Specialized Hauler, Inc. v. Interstate Commerce Comm'n & United States
  587 F.2d 304· 6th Cir.· 1978-11-14 ·cited 6×
  The Court holds that it has jurisdiction to review the ICC's flagging orders because they have legal consequences and are sufficiently final. The Court also finds that the ICC's procedures must comply with the Administrative Procedure Act.
• Seymour Baratt v. The United States
  585 F.2d 1041· Ct. Cl.· 1978-10-18 ·cited 6×
  The court held that the Department of Treasury did not abuse its administrative discretion in approving the Bureau of Engraving and Printing's prospective correction to the pay formula for Currency Overprinting Section supervisors, and that a hearing was not constitutionally requ
• Stenographic Machs., Inc. v. Reg'l Adm'r FOR Emp. & Training of the United States Dep't of Labor
  577 F.2d 521· 7th Cir.· 1978-08-10 ·cited 6×
  The court held that an employer's refusal to use the job bank system, coupled with corroborating information from a union and the State Employment Service, can support the denial of an alien employment certification, even if the employer challenges the reliability of the ISES dat
• Martin v. Harrah Indep. Sch. Dist.
  579 F.2d 1192· 10th Cir.· 1978-06-30 ·cited 6×
  The court held that the school board's decision to non-renew the plaintiff's contract, based on a shortened compliance period for continuing education credits due to her prior lawful choices, violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.
• Cosmopolitan Broad. Corp. v. Fed. Commc'ns Comm'n
  581 F.2d 917· D.C. Cir.· 1978-05-31 ·cited 6×
  The court affirmed the FCC's decision to deny Cosmopolitan's license renewal, finding that the station's extensive time brokering constituted an abdication of licensee responsibility for programming and operations.
• Schwartz v. Fed. Energy Regulatory Comm'n
  578 F.2d 417· D.C. Cir.· 1978-05-09 ·cited 6×
  The court held that the Federal Power Commission's denial of an employee's request for leave without pay and the subsequent grievance procedures were not improper or unconstitutional.
• D. C. Fed'n OF Civic Ass'ns v. Brock Adams
  571 F.2d 1310· 4th Cir.· 1978-03-14 ·cited 6×
  The court affirmed the district court's decision, holding that the Secretary of Transportation complied with applicable environmental protection statutes in approving the Interstate-66 proposal.
• Smith v. United States AIR Force
  566 F.2d 957· 5th Cir.· 1978-01-27 ·cited 6×
  The court held that the lower court properly dismissed the action because the appellant failed to establish subject matter jurisdiction under the cited statutes and, even if jurisdiction existed, the administrative action was not arbitrary, capricious, or lacking due process.
• Walgreen Co. v. Nat'l Labor Relations Bd.
  564 F.2d 751· 7th Cir.· 1977-09-27 ·cited 6×
  The court held that the National Labor Relations Board's decision certifying a single Walgreen's store as an appropriate unit for collective bargaining was not arbitrary or capricious.
• Whiteside & Co. v. Sec. & Exch. Comm'n
  557 F.2d 1118· 5th Cir.· 1977-08-18 ·cited 6×
  The court affirmed the SEC's decision, finding that the petitioners violated SEC Rule 15c3-3 and that the sanctions imposed by the NASD were not excessive.
• Commodity Futures Trading Comm'n v. British Am. Commodity Options Corp.
  434 U.S. 1316· U.S.· 1977-08-08 ·cited 6×
  The Circuit Justice denied the application to vacate stays of mandate, finding no abuse of discretion by the Court of Appeals in granting the stays.
• Marlboro Corp. v. The Ass'n OF Indep. Colleges & Schs., Inc.
  556 F.2d 78· 1st Cir.· 1977-05-26 ·cited 6×
  The court held that the denial of a preliminary injunction was not an abuse of discretion, as the appellant failed to demonstrate a probability of success on the merits regarding procedural due process claims.
• CBS Television Network Affiliates Ass'n v. Fed. Commc'ns Comm'n & United States
  555 F.2d 985· D.C. Cir.· 1977-03-31 ·cited 6×
  The court held that the FCC's modifications to network nonduplication rules were not arbitrary or capricious, as the Commission provided reasoned justifications for the changes and addressed petitioners' concerns.
• Nelson v. Pinellas Cnty.
  343 So. 2d 65· Fla. 2d DCA· 1977-02-25 ·cited 6×
  The Supervisor of Elections for Pinellas County challenged the County's budget board's deletion of $77,500 from her requested budget for automation systems in voter registration processing. The court reversed summary judgment for the county, holding that while the board has budge
• James E. Appelwick, M.D. v. Hoffman
  540 F.2d 404· 8th Cir.· 1976-08-20 ·cited 6×
  The court held that the Army's denial of a community hardship exemption was a reasonable interpretation of its regulations and not arbitrary or unconstitutional, thus affirming the denial of habeas corpus relief.
• Amoco OIL Co. v. Env't Prot. Agency
  543 F.2d 270· D.C. Cir.· 1976-07-06 ·cited 6×
  The court held that the EPA regulation imposing strict vicarious liability on lessors for the negligent acts of their lessee retailers is an unlawful overreach of the Administrator's statutory authority.