Arbitrary and Capricious

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

• Nat'l Foods, Inc. v. Schulem Rubin
  936 F.2d 656· 2d Cir.· 1991-06-12 ·cited 2×
  The Eleventh Amendment does not prohibit a law firm from moving in federal court for additional fees from the State when the State is obligated by statute to provide for the defense of its employee in that court.
• Merlin Downie v. Indep. Drivers Ass'n Pension Plan
  934 F.2d 1168· 10th Cir.· 1991-06-05 ·cited 2×
  The court held that the district court's equitable remedy was proper in principle but required clarification regarding service credits and restitution, and remanded for findings on attorney fees.
• Trich Govindarajan v. FMC Corp.
  932 F.2d 634· 7th Cir.· 1991-05-13 ·cited 2×
  The court held that de novo review was appropriate for the plan administrator's decision because the plan did not grant discretionary authority, and the district court's findings were not clearly erroneous.
• Morales v. Merit Sys. Prot. Bd.
  932 F.2d 800· 9th Cir.· 1991-05-06 ·cited 2×
  The court held that the district court erred in granting summary judgment on the retaliatory discharge claim because a genuine issue of material fact regarding credibility remained, but affirmed summary judgment on the non-discrimination claims.
• ALL Regions Chem. Labs, Inc. v. United States Env't Prot. Agency
  932 F.2d 73· 1st Cir.· 1991-05-06 ·cited 2×
  The court held that the EPA's assessment of a $20,000 penalty against All Regions for failing to immediately notify the National Response Center of a hazardous chemical release was not arbitrary or capricious.
• Lyeth v. Chrysler Corp.
  929 F.2d 891· 2d Cir.· 1991-03-29 ·cited 2×
  The court held that New York's Lemon Law compulsory arbitration mechanism satisfies due process, and that Chrysler waived claims regarding the lack of a record by failing to request one. However, the arbitrator exceeded authority by awarding a new car instead of a comparable one.
• Aeronautical Radio, Inc. v. Fed. Commc'ns Comm'n & United States
  928 F.2d 428· D.C. Cir.· 1991-03-19 ·cited 2×
  The court held that the FCC's dismissal of ARINC's application was proper, but its $5 million cash requirement and consortium licensing for MSS were arbitrary and capricious.
• Bingham v. Nat'l Credit Union Admin. Bd.
  927 F.2d 282· 6th Cir.· 1991-03-06 ·cited 2×
  The court held that the district court properly dismissed the petition challenging the temporary cease and desist order as moot, and that the NCUA's imposition of conservatorship was not arbitrary and capricious, as statutory grounds existed.
• Tenn. GAS Pipeline Co. v. Fed. Energy Regulatory Comm'n
  926 F.2d 1206· D.C. Cir.· 1991-03-05 ·cited 2×
  The court held that while FERC's explanation for deviating from its established rate of return methodology was inadequate, the court would not order FERC to set a specific rate, but would instead remand for FERC to reconsider.
• Arnold v. Arrow Transp. Co. OF Del.
  926 F.2d 782· 9th Cir.· 1991-02-19 ·cited 2×
  The court held that the employer adequately disclosed its limited liability regarding pension benefits in the Summary Plan Description, satisfying ERISA's disclosure requirements.
• First S. Prod. Credit Ass'n v. The Farm Credit Admin.
  926 F.2d 339· 4th Cir.· 1991-02-19 ·cited 2×
  The court held that the Agricultural Credit Act of 1987 does not permit the Farm Credit Administration to require the merger of the Farm Credit Bank of Texas with the Federal Intermediate Credit Bank of Jackson, as the statute's plain language mandates mergers only between specif
• Thomas v. Dick Cheney
  925 F.2d 1407· Fed. Cir.· 1991-02-12 ·cited 2×
  The court held that the district court correctly reversed the board's determination that Major Thomas was administratively AWOL, as there was no statutory or regulatory authority for such a designation and Thomas was not absent from any validly assigned post.
• Smallwood v. Off. OF Thrift Supervision
  925 F.2d 894· 6th Cir.· 1991-02-07 ·cited 2×
  The Director's order waiving state law requirements for a savings association's conversion to a federal stock-owned association was within his statutory authority and not arbitrary or capricious.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  924 F.2d 961· 9th Cir.· 1991-02-01 ·cited 2×
  The court held that UTU has standing to petition for review, but IAM does not. It further held that 49 U.S.C. § 11347 does not mandate labor protection for employees in this case, but remanded for the ICC to consider its discretionary authority under 49 U.S.C. § 11344(c).
• Wash. Crab Producers, Inc. v. Mosbacher
  924 F.2d 1438· 9th Cir.· 1991-01-25 ·cited 2×
  The court held that the Magnuson Act does not require the Secretary of Commerce to analyze or consider the allocation of fish between treaty and non-treaty fishers in inside fisheries before issuing ocean harvest plans.
• Franklin Sav. Ass'n & Franklin Sav. Corp. v. Ryan
  922 F.2d 209· 4th Cir.· 1991-01-07 ·cited 2×
  The court held that a government decision-maker cannot be compelled to testify about their mental processes in reaching a decision absent extraordinary circumstances or a showing of misconduct.
• Allegheny Elec. Coop., Inc. v. Fed. Energy Regulatory Comm'n
  922 F.2d 73· 2d Cir.· 1990-12-17 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's (FERC) interpretation of 'public body' under the Niagara Redevelopment Act (NRA), requiring direct retail distribution and active management control, was a reasonable and permissible construction of the statute.
• Reed Franklin v. Pitney Bowes, Inc.
  919 F.2d 45· 6th Cir.· 1990-11-13 ·cited 2×
  The court held that plaintiffs were not entitled to severance pay because they continued employment with the successor company, and their subjective beliefs about the plan's terms were insufficient to create a genuine issue of material fact.
• Am. Horse Prot. Ass'n, Inc. v. Yeutter
  917 F.2d 594· D.C. Cir.· 1990-10-30 ·cited 2×
  The court held that the Secretary of Agriculture's regulations permitting six-ounce action devices under the Horse Protection Act were not arbitrary and capricious, and the district court improperly substituted its judgment for the agency's.
• Advance Bronze, Inc. v. Dole
  917 F.2d 944· 6th Cir.· 1990-10-26 ·cited 2×
  The court held that Advance Bronze, Inc. violated various Occupational Safety and Health Act standards related to lead exposure, including requirements for personal protective equipment, permissible exposure limits, air monitoring, medical surveillance, and respirator fit-testing
• Great W. Bank v. Off. OF Thrift Supervision
  916 F.2d 1421· 9th Cir.· 1990-10-18 ·cited 2×
  The Bank Board's decision denying the merger application was not arbitrary and capricious because the appellants' prior memorandum of understanding did not pertain to the specific transaction that would result in their exit from the FSLIC fund, thus they were not grandfathered fr
• Vierra v. Winona E. Rubin, Esq.
  915 F.2d 1372· 9th Cir.· 1990-10-03 ·cited 2×
  The Secretary's delegation to states to define 'good cause' for income reporting is permissible under the AFDC statute and regulations, and Hawaii's narrow definition does not contravene federal policy.
• Thriftway Co. v. U.S. Dep't OF Energy
  920 F.2d 23· Temp. Emer. Ct. App.· 1990-09-26 ·cited 2×
  The court affirmed the district court's decision, upholding the Department of Energy's Remedial Order that directed Thriftway to repay illegally acquired small refiner bias entitlements.
• State OF S.D. v. Colonel Donald E. Hazen
  914 F.2d 147· 8th Cir.· 1990-09-12 ·cited 2×
  The court held that the case is moot because the underlying dispute regarding water releases and fish spawning has passed, and the 'capable of repetition, yet evading review' exception does not apply. Therefore, the court vacates its prior order and remands for dismissal.
• State OF N.D. ex rel. Bd. OF Univ. & Sch. Lands v. Yeutter
  914 F.2d 1031· 8th Cir.· 1990-09-12 ·cited 2×
  The court lacks jurisdiction to review the agency's adjudicatory action regarding the Conservation Reserve Program.
• Vince Coleman v. R.E. Honsted
  908 F.2d 906· 11th Cir.· 1990-08-13 ·cited 2×
  The Parole Commission may rely on controverted portions of a presentence investigation report if it finds them accurate, and the Sentencing Reform Act did not mandate release within a specific guideline range.
• Cal. Energy Comm'n v. Bonneville Power Administration
  909 F.2d 1298· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that the Bonneville Power Administration's Long-Term Intertie Access Policy (LTIAP) reasonably balances statutory directives and is not arbitrary, capricious, or in excess of statutory authority.
• A.J. Taft Coal, Inc. v. Connors
  906 F.2d 539· 11th Cir.· 1990-07-19 ·cited 2×
  The court held that the term 'coal' in the National Bituminous Coal Wage Agreement does not include extraneous moisture, allowing producers to deduct its weight when calculating contributions.
• Tafoya v. W. Conf. OF Teamsters Pension Tr. Fund
  909 F.2d 344· 9th Cir.· 1990-07-13 ·cited 2×
  The court held that the pension fund's break in service rule was not arbitrary and capricious as applied to Tafoya, who had not vested under the plan in effect at the time of his break in service.
• Amoco Corp. v. U.S. Dep't OF Energy & James V. Watkins
  912 F.2d 472· Temp. Emer. Ct. App.· 1990-07-06 ·cited 2×
  The court held that the Office of Hearings and Appeals (OHA) did not err in dismissing Amoco's late application for restitution, as publication in the Federal Register satisfied the Department of Energy's (DOE) duty to provide notice, and Amoco's claim of ignorance was not credib
• Donlan v. Off. OF Pers. Mgmt.
  907 F.2d 1132· Fed. Cir.· 1990-07-06 ·cited 2×
  The court held that the state court divorce decree was a qualifying order under 5 U.S.C. § 8345(j)(1) and that the retiree was ineligible for a lump-sum election under 5 U.S.C. § 8343a(d)(2).
• Town OF RYE v. Skinner
  907 F.2d 23· 2d Cir.· 1990-06-25 ·cited 2×
  The court held that the FAA's orders approving airport projects and its layout plan were ripe for review and that the FAA complied with NEPA requirements.
• Am. Mining Cong. v. United States Nuclear Regulatory Comm'n & the United States
  902 F.2d 781· 10th Cir.· 1990-04-25 ·cited 2×
  The court held that the NRC's 1987 amendments to the Appendix A Criteria were permissible, affirming the agency's reliance on EPA's cost-benefit analysis and its conformity with existing regulatory regimes.
• Detsel v. Louis Sullivan, M.D.
  895 F.2d 58· 2d Cir.· 1990-02-01 ·cited 2×
  The court held that the Secretary's interpretation of 42 C.F.R. § 440.80, which denied Medicaid reimbursement for private duty nursing services provided to a handicapped child while attending school, was unreasonable and an arbitrary application of the regulation.
• Richards v. United Mine Workers OF Am. Health & Ret. Fund
  895 F.2d 133· 4th Cir.· 1990-01-30 ·cited 2×
  The dissenting judge argues that the majority improperly engaged in fact-finding, reweighing evidence that the Trustees had already considered and resolved. The dissent believes the Trustees' decision was supported by substantial evidence and should have been upheld.
• Tino Fiumara v. O'Brien
  889 F.2d 254· 10th Cir.· 1989-11-06 ·cited 2×
  The Parole Commission did not abuse its discretion in using unconvicted murders to increase the appellant's offense severity rating, as there was sufficient evidence to establish a nexus between the murders and his racketeering and extortion offenses.
• Enserch Exploration, Inc. v. Fed. Energy Regulatory Comm'n
  887 F.2d 81· 5th Cir.· 1989-10-30 ·cited 2×
  The court affirmed the Commission's remand of the Travis Peak Field tight formation designation, finding it was not arbitrary or capricious. The court dismissed the petition for review of the Commission's order reopening individual well determinations for lack of jurisdiction.
• Wash. Urban League v. Fed. Energy Regulatory Comm'n
  886 F.2d 1381· 3d Cir.· 1989-09-25 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) reasonably interpreted a settlement agreement, allowing Columbia Gas Transmission Corp. to retain certain refunds, and that FERC did not act arbitrarily or capriciously in upholding the settlement's terms over co
• Pub. Util. Comm'n OF Tex. v. Fed. Commc'ns Comm'n & United States
  886 F.2d 1325· D.C. Cir.· 1989-09-22 ·cited 2×
  The FCC permissibly preempted the Texas PUC's order, and the Commission was neither arbitrary nor capricious in its decision.
• Cernuda v. Heavey
  720 F. Supp. 1544· S.D. Fla.· 1989-09-18 ·cited 2×
  The court held that original works of art constitute 'informational materials' exempt from the Trading With the Enemy Act (TWEA) under the 1988 amendment, and that this amendment applies retroactively.
• Amarillo Prod. Credit Ass'n v. Farm Credit Admin.
  887 F.2d 507· 5th Cir.· 1989-09-11 ·cited 2×
  The Farm Credit Administration acted within its statutory authority in prohibiting Amarillo Production Credit Association's withdrawal from the Farm Credit System through reorganization, as the plan constituted a liquidation under the Act.
• Consumer Fed'n OF Am. v. United States Consumer Prod. Safety Comm'n
  883 F.2d 1073· D.C. Cir.· 1989-08-29 ·cited 2×
  The court held that the Consumer Product Safety Commission's interpretation of "reasonable grounds" for initiating rulemaking was permissible, and its denial of the petition to ban methylene chloride was reasonable.
• Montgomery Nat'l Bank v. Clarke
  882 F.2d 87· 3d Cir.· 1989-08-16 ·cited 2×
  The court held that the "public interest" standard in N.J.S.A. § 17:9A-19(K) is not unconstitutionally vague and that the Comptroller's decision to approve a national bank's branch application was not arbitrary or capricious.
• Ingram Barge Co. v. United States
  884 F.2d 1400· D.C. Cir.· 1989-08-15 ·cited 2×
  The court held that the Bowaters Act does not require the Coast Guard to conduct a pre-issuance investigation into an applicant's compliance with its criteria, and that the Coast Guard's issuance of certificates without such an investigation was not arbitrary and capricious, even
• Carlson v. United States
  879 F.2d 261· 7th Cir.· 1989-07-07 ·cited 2×
  The court held that the Department of Agriculture's five-year disqualification of the plaintiff's store from the Food Stamp Program was not arbitrary or capricious, despite the owner's limited direct involvement, because the store engaged in a firm practice of selling conspicuous
• S. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  877 F.2d 1066· D.C. Cir.· 1989-06-30 ·cited 2×
  The court held that Southern Natural Gas Company was not aggrieved by FERC's rejection of its alternative minimum bill tariff because it received its primary tariff filing, but that FERC's rejection of the Alagasco transportation tariff was arbitrary and remanded for further proc
• The Bd. OF Trs. OF THE Watsonville Frozen Food Welf. Tr. Fund & The Watsonville Frozen Food Welf. Tr. Fund v. Cal. Coop. Creamery
  877 F.2d 1415· 9th Cir.· 1989-06-21 ·cited 2×
  The court held that a termination premium assessed by a trust fund was authorized by the trust agreement and that an employer could not raise a breach of fiduciary duty defense, but could raise a conflict of interest defense related to the premium's imposition.
• Darrell Bedoni and his parents v. Navajo-Hopi Indian Relocation Comm'n
  878 F.2d 1119· 9th Cir.· 1989-06-20 ·cited 2×
  The court held that the Navajo and Hopi Indian Relocation Amendments of 1988 clarified existing law, allowing jurisdiction over the case, and that the NHIRC breached its fiduciary duty to the Bedonis by encouraging their children to apply for benefits independently, leading to a
• Garrett v. Lyng
  877 F.2d 472· 6th Cir.· 1989-06-12 ·cited 2×
  The court held that the Secretary of Agriculture's 1986 amendment to food stamp regulations, categorizing 'workfare' benefits as unearned income, was not arbitrary or capricious. The court also dismissed the state's cross-appeal for lack of a justiciable case or controversy.
• Yokum v. United States Postal Serv.
  877 F.2d 276· 4th Cir.· 1989-06-08 ·cited 2×
  Nonpreference eligible postal workers are precluded by the Civil Service Reform Act from seeking judicial review of adverse personnel actions.