Arbitrary and Capricious

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

• Waterways Freight Bureau v. Interstate Commerce Comm'n & United States
  561 F.2d 947· D.C. Cir.· 1977-07-01 ·cited 4×
  The court vacated the ICC's decision granting railroads special relief from long-and-short-haul rate discrimination, finding the decision lacked a rational basis.
• Dart Trucking Co., Inc. v. United States & Interstate Commerce Comm'n
  555 F.2d 555· 6th Cir.· 1977-03-18 ·cited 4×
  The court held that the Interstate Commerce Commission did not act arbitrarily or capriciously in rejecting late-filed letter-notices for gateway elimination, as it has authority to set reasonable time limits.
• Miller v. Associated Pension Trs., Inc.
  541 F.2d 726· 8th Cir.· 1976-09-02 ·cited 4×
  The court held that a former employee's forfeiture of profit sharing benefits was valid despite procedural irregularities in notice and hearing, because the employee knowingly engaged in competitive conduct and suffered no prejudice from the procedural defects.
• Thurman v. Tenn. Valley Auth.
  533 F.2d 180· 5th Cir.· 1976-06-09 ·cited 4×
  The court held that the employee failed to exhaust available grievance procedures under the labor agreement, precluding judicial review of his claims regarding union preference and reassignment.
• Meadville Master Antenna, Inc. v. Fed. Commc'ns Comm'n & United States
  535 F.2d 214· 3d Cir.· 1976-04-12 ·cited 4×
  The court held that the Commission's rejection of subscriber survey evidence regarding signal quality was arbitrary and capricious, failing to adequately consider the public interest in signal quality.
• Sellers v. Ciccone
  530 F.2d 199· 8th Cir.· 1976-02-12 ·cited 4×
  The court held that the prison's policy requiring inmates to be within ten years of their release date to be eligible for the x-ray technician training program was not arbitrary or capricious.
• Nat'l Labor Relations Bd. v. Crockett-Bradley, Inc.
  523 F.2d 449· 5th Cir.· 1975-11-14 ·cited 4×
  The court held that the National Labor Relations Board's designation of truck drivers as an appropriate bargaining unit was supported by substantial evidence and not arbitrary or capricious, and that a bargaining order was a proper remedy for the company's unfair labor practices.
• Hobart A. Baker v. Schlesinger
  523 F.2d 1031· 6th Cir.· 1975-10-03 ·cited 4×
  The court held that the district court had jurisdiction under 28 U.S.C. § 1361 to entertain the mandamus action and that the appellee was not denied effective assistance of counsel. Therefore, the district court erred in granting the writ.
• Sexton v. Kennedy
  523 F.2d 1311· 6th Cir.· 1975-10-02 ·cited 4×
  The court held that the transfer of a government employee without reduction in rank or pay is not an adverse action, and discharge for refusing such a transfer is not arbitrary or capricious, provided proper procedures are followed.
• Houston Bus Hill and Thurman S. Hurst v. Hon. Rogers C. B. Morton
  525 F.2d 327· 10th Cir.· 1975-10-02 ·cited 4×
  A district court reviewing administrative action must inquire into facts and state supporting facts for appellate review.
• Trachsel v. The City OF Tamarac
  311 So. 2d 137· Fla. 4th DCA· 1975-03-14 ·cited 4×
  Property owners challenged a city's rezoning of their commercial land from C-1 to more restrictive B-1 classification under a new comprehensive zoning ordinance, arguing the rezoning was unconstitutional and arbitrary. The court affirmed, holding that changed circumstances are no
• Marca, S.A. v. Dade Cnty.
  304 So. 2d 461· Fla. 3d DCA· 1974-12-17 ·cited 4×
  The appellate court affirmed the trial court's denial of certiorari, holding that the trial court did not err in refusing to supplement the record with subsequent zoning decisions to prove arbitrary conduct.
• Truck Drivers Local Union NO. 807 v. Nat'l Labor Relations Bd.
  506 F.2d 1382· 2d Cir.· 1974-11-06 ·cited 4×
  The court held that the language in the pension fund rules did not constitute a per se violation of the National Labor Relations Act, as there was no evidence of actual discrimination.
• Carr Staley, Inc. v. United States
  496 F.2d 1366· 5th Cir.· 1974-07-05 ·cited 4×
  The court held that 26 U.S.C.A. § 636(b) is constitutional as applied, treating a retained production payment as a purchase money mortgage, thereby taxing the assignee rather than the assignor.
• Indep. Bankers Ass'n OF Am. v. Bd. of Governors of the Fed. Reserve Sys.
  500 F.2d 812· D.C. Cir.· 1974-06-28 ·cited 4×
  The court held that the Board of Governors' adoption of Regulation J was not arbitrary, capricious, or an abuse of discretion.
• Ariz. Pub. Serv. Co. v. Fed. Power Comm'n
  490 F.2d 783· D.C. Cir.· 1974-01-02 ·cited 4×
  The court held that the Commission adequately established that an environmental impact statement was not required and that the petitioner was not deprived of any procedural rights.
• Schirtzinger v. Dunlop
  489 F.2d 1307· Temp. Emer. Ct. App.· 1973-12-10 ·cited 4×
  The court held that subsequent amendments to the Cost of Living Council regulations mooted the plaintiff's claims regarding product cost pass-through and that the remaining alleged discrimination in non-product cost pass-through did not violate due process or the Economic Stabili
• S. Gwinnett Venture v. W. R. (Dudge) Pruitt
  482 F.2d 389· 5th Cir.· 1973-04-04 ·cited 4×
  The court affirmed the dismissal of the plaintiffs' complaint, finding that they were afforded procedural due process and failed to exhaust administrative remedies.
• Schicke v. Romney
  474 F.2d 309· 2d Cir.· 1973-02-20 ·cited 4×
  The court held that the Secretary of HUD's approval of open-space land conversion was invalid because the administrative record did not demonstrate compliance with the statutory requirement to find the conversion was in accord with the applicable comprehensive plan.
• Marcus v. The United States
  473 F.2d 896· Ct. Cl.· 1973-02-16 ·cited 4×
  The court held that the plaintiff, appointed from the Civil Service Register and placed on probationary status, was not entitled to the procedural safeguards of the Veterans' Preference Act upon his dismissal for inefficiency.
• The City OF Burlington v. Turner
  471 F.2d 120· 8th Cir.· 1973-01-02 ·cited 4×
  The court held that the Administrator's interpretation of 'reasonable and just' tolls under the Bridge Act of 1906 was too narrow, and that the trial court erred in not remanding the case for further proceedings.
• Robinson v. Resor
  469 F.2d 944· D.C. Cir.· 1972-10-25 ·cited 4×
  The court held that the Army Discharge Review Board's decision to deny an honorable discharge was arbitrary and capricious, lacking procedural due process and substantive justice.
• Citizens TO Preserve Foster Park v. Volpe
  466 F.2d 991· 7th Cir.· 1972-08-31 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding plaintiffs failed to show probable success on the merits regarding alleged violations of environmental and highway acts.
• Woods v. Elliot Richardson
  465 F.2d 739· 6th Cir.· 1972-08-10 ·cited 4×
  The court held that while it has jurisdiction to review the Secretary's refusal to reopen a disability claim, the Secretary did not abuse his discretion in refusing to reopen based on the evidence presented at that time.
• Winchester TV Cable Co., Inc. v. Fed. Commc'ns Comm'n & United States
  462 F.2d 115· 4th Cir.· 1972-06-02 ·cited 4×
  The court held that the FCC's denial of CATV systems' requests for waivers of the nonduplication rule was not arbitrary or capricious, and affirmed the Commission's orders.
• Haines v. United States
  453 F.2d 233· 3d Cir.· 1971-12-30 ·cited 4×
  The court held that the district court did not err in granting summary judgment, as the administrative record showed no arbitrary or capricious action by the Air Force boards, and the plaintiff's claims of coercion and lack of effective counsel were not substantiated.
• Callan v. The United States
  450 F.2d 1121· Ct. Cl.· 1971-11-12 ·cited 4×
  The court held that the plaintiff failed to meet his burden of proving his disabilities rendered him unfit for full military duty at the time of his retirement, and thus the Correction Board's decision was not arbitrary or capricious.
• VAN Tran Elec. Corp. v. Nat'l Labor Relations Bd.
  449 F.2d 774· 6th Cir.· 1971-10-18 ·cited 4×
  The court held that the Board's refusal to consider untimely objections was justified to promote expeditious processing and was not arbitrary.
• The Beryllium Corp. v. The United States
  449 F.2d 362· Ct. Cl.· 1971-10-15 ·cited 4×
• First Nat'l Bank of Catawba Cnty. v. Wachovia Bank & Tr. Co.
  448 F.2d 637· 4th Cir.· 1971-09-14 ·cited 4×
  The court held that the Comptroller acted arbitrarily and capriciously by approving a branch bank application without making the findings required by North Carolina law.
• The City OF Trenton v. Fed. Commc'ns Comm'n
  441 F.2d 1329· 3d Cir.· 1971-04-30 ·cited 4×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction because the FCC's proposed rules were not final and the FCC had not acted arbitrarily or with dilatory tactics.
• Channel 16 OF R.I., Inc. v. Fed. Commc'ns Comm'n
  440 F.2d 266· D.C. Cir.· 1971-02-19 ·cited 4×
  The court held that the FCC acted arbitrarily in denying Channel 16's application for an extension of its construction permit, as the ongoing uncertainty regarding CATV policy constituted 'other matters sufficient to justify an extension'.
• Nat'l Labor Relations Bd. v. Champa Linen Serv. Co.
  437 F.2d 1259· 10th Cir.· 1971-02-08 ·cited 4×
  The court held that the Board's unit determination was not arbitrary or capricious and that the company had a full hearing in the representation proceedings, thus not requiring relitigation in unfair labor practice proceedings.
• Sisselman v. Smith
  432 F.2d 750· 3d Cir.· 1970-09-22 ·cited 4×
  The court held that the Commandant of the Coast Guard had jurisdiction to issue the bridge permit, and the proceedings did not violate the Administrative Procedure Act.
• Allied Theatre Owners OF Ind., Inc. v. John A. Volpe as Sec'y of Transp.
  426 F.2d 1002· 7th Cir.· 1970-05-22 ·cited 4×
  The court held that the Secretary of Transportation's decision establishing the time zone boundary for Indiana was lawful and not arbitrary or capricious, and that the mandatory observance of daylight saving time was a result of the Uniform Time Act and the Governor's veto, not t
• Trans Int'l Airlines, Inc. v. Civil Aeronautics Bd.
  D.D.C.· 1970-04-27 ·cited 4×
  The court held that the Civil Aeronautics Board's order denying supplemental air carrier charter services to corporate stockholders was not arbitrary or irrational agency action.
• AIR Line Pilots Ass'n v. Nw. Airlines, Inc.
  415 F.2d 493· 8th Cir.· 1969-09-09 ·cited 4×
  The court held that the trial court did not err in upholding the adjustment board's awards for back pay and reinstatement, but erred in awarding attorneys' fees absent statutory or contractual authority.
• Nat'l Labor Relations Bd. v. Int'l Longshoremen's & Warehousemen's Union
  413 F.2d 30· 9th Cir.· 1969-05-28 ·cited 4×
  The court held that the National Labor Relations Board's determination that company employees were entitled to unload alumina from company ships was not arbitrary or capricious and should be enforced, with a modification to the cease and desist order.
• Williams v. The United States
  405 F.2d 890· Ct. Cl.· 1969-01-24 ·cited 4×
  The court held that the Navy's determination regarding disability retirement pay was not arbitrary, capricious, or unsupported by substantial evidence.
• City OF Miami v. Wysong
  217 So. 2d 603· Fla. 3d DCA· 1969-01-14 ·cited 4×
  The City of Miami appealed a trial court decree invalidating a 750-foot distance requirement between gasoline stations as applied to the Wysongs' property. The appellate court affirmed, holding that the city failed to present evidence demonstrating a rational relationship between
• Coral v. Funderberg
  396 F.2d 638· 9th Cir.· 1968-06-11 ·cited 4×
  The court held that the Secretary of the Interior was not required to grant a leasehold interest to an occupant of an unpatented mining claim who did not meet the statutory definition of a "qualified applicant" as a principal place of residence.
• Merge v. Troussi
  394 F.2d 79· 3d Cir.· 1968-05-02 ·cited 4×
  The court held that the district court correctly dismissed the action for lack of jurisdiction because subsequent amendments to the Housing Act withdrew jurisdiction from the courts to review administrative determinations regarding relocation payments.
• Barrington Manor Apts. Corp. v. The United States
  392 F.2d 224· Ct. Cl.· 1968-03-15 ·cited 4×
  The court held that the plaintiff failed to exhaust administrative remedies, and therefore, the court suspended proceedings to allow the plaintiff to seek administrative relief.
• The Borden Co. v. Freeman
  369 F.2d 404· 3d Cir.· 1966-12-29 ·cited 4×
• The Morrison Milling Co. v. Freeman
  365 F.2d 525· D.C. Cir.· 1966-07-18 ·cited 4×
  The court held that the Secretary of Agriculture's regulations requiring processors to acquire marketing certificates based on the amount of wheat 'used' in processing, rather than solely the amount 'contained' in the final product, were a reasonable interpretation of the Agricul
• Pac. Power & Light Co. v. Fed. Power Comm'n
  333 F.2d 689· 9th Cir.· 1964-06-08 ·cited 4×
  The court held that the Federal Power Commission could require Pacific Power & Light to construct a fish hatchery and reimburse the state for 80% of its operating costs, but remanded the issue of costs for the egg-taking facilities.
• Richmond v. The Fla. State Bd. OF Architecture
  163 So. 2d 262· Fla.· 1964-04-03 ·cited 4×
  The court held that the statutory standard using dollar cost to define exemptions for architectural practice is not arbitrary, unreasonable, or capricious.
• Heers v. The United States
  357 F.2d 344· Ct. Cl.· 1964-03-13 ·cited 4×
  The court held that the plaintiff was not entitled to recover the bid deposit or the application fee, affirming the denial of the plaintiff's claims.
• Joint Council ON Educ. Broad. & Rochester Area Educ. Television Ass'n, Inc. v. Fed. Commc'ns Comm'n & United States
  305 F.2d 755· D.C. Cir.· 1962-06-14 ·cited 4×
  The court held that the Federal Communications Commission's decision to add VHF Channel 13 to Rochester without reserving it for educational use was not arbitrary or capricious, and that the Commission's preference for commercial competition was supported by the record.
• Bergen Dress Co., Inc. v. Bouchard
  304 F.2d 145· 3d Cir.· 1962-06-06 ·cited 4×
  The court held that the District Court had jurisdiction to entertain the declaratory judgment action and that the Immigration Service's requirement of five years of journeyman tailor experience after age 21 was a valid exercise of discretion.