Arbitrary and Capricious

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

• Seva Resorts, Inc. v. Hodel
  876 F.2d 1394· 9th Cir.· 1989-06-02 ·cited 2×
  The Secretary of the Interior did not abuse his discretion in refusing to sign concession contracts, as he had the authority to terminate negotiations prior to execution if it was in the best interest of the government.
• McLAUGHLIN v. Lodge 647
  876 F.2d 648· 8th Cir.· 1989-06-01 ·cited 2×
  A district court has equitable discretion to refuse to order a rerun union election supervised by the Secretary of Labor, even if LMRDA violations are found, if an intervening election has remedied those violations.
• Fort Knox Dependent Schs. v. Fed. Labor Relations Auth.
  875 F.2d 1179· 6th Cir.· 1989-05-11 ·cited 2×
  The court should affirm the FLRA's order requiring the Army to bargain with the union over teacher overtime wages, as these wages are a condition of employment not specifically precluded by federal statute.
• Simmons v. Interstate Commerce Comm'n & United States
  871 F.2d 702· 7th Cir.· 1989-04-07 ·cited 2×
  The court affirmed the ICC's decisions, finding that KJ was entitled to broaden its prior exemption and that the car haulage agreement was not subject to mandatory labor protective conditions.
• Falk v. Secretary OF THE Army
  870 F.2d 941· 2d Cir.· 1989-03-30 ·cited 2×
• Wolchuck v. Otis R. Bowen, M.D.
  871 F.2d 869· 9th Cir.· 1989-03-30 ·cited 2×
  The court held that the appellant's 1981 statement, expressing doubt about his intent to file for father's benefits due to anticipated earnings, constituted a 'filing' under the relevant regulations, entitling him to retroactive benefits.
• S. Pac. Transp. Co. v. Interstate Commerce Comm'n
  871 F.2d 838· 9th Cir.· 1989-03-29 ·cited 2×
  The court affirmed the ICC's decision because the agency rationally balanced tangible financial data against intangible community needs, a policy judgment courts are ill-equipped to second-guess.
• Cotton Petroleum Corp. & Shell Oil Co. v. United States Dep't OF the Interior
  870 F.2d 1515· 10th Cir.· 1989-03-20 ·cited 2×
  The dissenting judge believes the majority erred in overturning the Secretary's discretionary decision regarding an Indian land lease, arguing the Secretary acted within his fiduciary duty to the lessors.
• Limerick Ecology Action, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  869 F.2d 719· 3d Cir.· 1989-02-28 ·cited 2×
  The court, in a dissenting opinion, held that the Nuclear Regulatory Commission (NRC) acted arbitrarily and capriciously in excluding the risk of sabotage from its environmental impact assessment for the Limerick nuclear power plant.
• NEW York State Elec. & GAS Corp. v. Fed. Energy Regulatory Comm'n
  875 F.2d 43· 3d Cir.· 1989-02-15 ·cited 2×
  The court held that the Commission's interpretation of an ambiguous settlement agreement, which favored North Penn's calculation of refunds based on gas sales volume, was rational and entitled to deference.
• Hall v. Baker
  867 F.2d 693· D.C. Cir.· 1989-02-14 ·cited 2×
  The court held that the Foreign Service Grievance Board departed from its prior interpretation of its jurisdictional statute without reasoned explanation, thus acting arbitrarily.
• Ridgely v. Marsh
  866 F.2d 1526· D.C. Cir.· 1989-02-07 ·cited 2×
  The court held that the Army Board's decision to dismiss claims based on the statute of limitations was arbitrary and capricious because there was no record evidence that the claimant discovered the alleged errors before the limitations period began.
• State OF Ohio v. Nuclear Regulatory Comm'n & the United States
  868 F.2d 810· 6th Cir.· 1989-01-27 ·cited 2×
  The dissenting judge holds that the Nuclear Regulatory Commission is statutorily required to grant a hearing upon request for a petition concerning emergency plans for a nuclear power station.
• S. Hills Health Sys. v. Bowen
  864 F.2d 1084· 3d Cir.· 1988-12-30 ·cited 2×
  The court held that the district court lacked jurisdiction to consider the hospitals' challenge to the disclosure regulation as arbitrary and capricious because the agency had not yet had an opportunity to create a record in response to the argument that changed market conditions
• Brown v. United States Postal Serv.
  860 F.2d 884· 9th Cir.· 1988-10-26 ·cited 2×
• The W. & S. Life Ins. Co. v. George and Regina Smith
  859 F.2d 407· 6th Cir.· 1988-10-07 ·cited 2×
  The court held that HUD's denial of the Smiths' mortgage assignment request was not arbitrary, capricious, or an abuse of discretion, as the Smiths failed to provide sufficient evidence that their default was caused by circumstances beyond their control.
• United States v. Means
  858 F.2d 404· 8th Cir.· 1988-09-28 ·cited 2×
  The Forest Service's denial of a special use permit for a religious community did not violate the First Amendment's Free Exercise Clause and was not arbitrary and capricious under the APA. The District Court erred in ordering the permit to be issued.
• Nat'l Labor Relations Bd. v. Econ. Lab., Inc.
  857 F.2d 931· 3d Cir.· 1988-09-27 ·cited 2×
  The court held that employees on long-term disability leave remain part of the bargaining unit for purposes of voting in a decertification election, and the Board's Red Arrow standard is a valid exercise of its discretion.
• Cousins v. Sec'y OF the United States Dep't OF Transp.
  857 F.2d 37· 1st Cir.· 1988-09-20 ·cited 2×
  Section 504 of the Rehabilitation Act of 1973 carries with it a private right of action against the federal government acting in its regulatory capacity.
• Dep't OF the Navy v. Fed. Labor Relations Auth.
  854 F.2d 1· 1st Cir.· 1988-08-16 ·cited 2×
  The court held that the FLRA erred in finding the Union's proposal negotiable because it improperly interpreted the term 'layoff' and failed to recognize that the proposal affected the Navy's management right to lay off employees without pay.
• Iowa Terminal R.R. Co. v. Interstate Commerce Comm'n & United States
  853 F.2d 965· D.C. Cir.· 1988-08-09 ·cited 2×
  The court held that the Interstate Commerce Commission's valuations for certain railroad assets were unsupported by evidence or statute, requiring remand for reconsideration.
• Oakland Cnty. Bd. OF Comm'rs v. United States Dep't OF Labor
  853 F.2d 439· 6th Cir.· 1988-08-02 ·cited 2×
  The court, in dissent, would hold that attorney's fees incurred challenging a Grant Officer's disallowance of CETA funds are allowable expenses, even if incurred after the Grant Officer's final determination.
• Richards v. United Mine Workers OF Am. Health & Ret. Funds
  851 F.2d 122· 4th Cir.· 1988-07-11 ·cited 2×
  The court held that the Trustees' decision denying disability pension benefits was supported by substantial evidence and not arbitrary or capricious.
• State OF Cal. v. Bennett
  849 F.2d 1227· 9th Cir.· 1988-06-20 ·cited 2×
  The court held that the Secretary lacked good cause to disallow field trip expenditures and that the disallowance of multi-purpose conference expenses was proper, while remanding for further determination on lodging expenses.
• Elmore Moving & Storage, Inc. v. The United States
  845 F.2d 1001· Fed. Cir.· 1988-05-03 ·cited 2×
  The court held that substantial evidence supported the board's finding that appellant was negligent in stacking wooden packing crates, creating a firestorm hazard that damaged household goods stored in a nearby warehouse.
• Riverside Cement Co. v. Thomas
  843 F.2d 1246· 9th Cir.· 1988-04-08 ·cited 2×
  The court held that the EPA acted arbitrarily and capriciously by approving a state air quality rule without regard to a condition precedent specified in the rule, and by failing to follow statutory procedures.
• Glasgow, Inc. v. Federal Highway Administration and Manuel A. Marks
  843 F.2d 130· 3d Cir.· 1988-03-29 ·cited 2×
  The court held that the Federal Highway Administration (FHWA) has discretion in concurring with state highway contract awards and did not abuse that discretion by refusing to concur when the state agency settled a lawsuit with the low bidder by reducing the Disadvantaged Business
• Springfield Indus. Corp. v. The United States
  842 F.2d 1284· Fed. Cir.· 1988-03-29 ·cited 2×
  The court held that the trial court erred in concluding that the ban on importing PC strand was ultra vires, and that the ban was not arbitrary or capricious.
• Ry. Labor Executives' Ass'n v. U.S. R.R. Ret. Bd.
  842 F.2d 466· D.C. Cir.· 1988-03-25 ·cited 2×
  The court held that the Railroad Retirement Board's interpretation of the service exception in the RRA and RUIA, as applied to Canadian law, was reasonable, but vacated the application to elected union officials pending further Board reconsideration.
• Martin Luther King Econ. Dev. Corp. v. Dep't OF Cmty. Affairs
  528 So. 2d 385· Fla. 3d DCA· 1988-02-23 ·cited 2×
  The court's decision to borrow a federal statute of limitations for civil RICO actions, rather than applying state statutes or finding no limitations period, is a legislative judgment improperly usurped by the judiciary.
• Shiflett v. United States Postal Serv.
  839 F.2d 669· Fed. Cir.· 1988-02-08 ·cited 2×
  The court held that the employee is bound by her union representative's knowledge and actions, even if the representative failed to inform her of appeal rights, and that her appeal was untimely.
• Petrochem Servs., Inc. v. The United States
  837 F.2d 1076· Fed. Cir.· 1988-01-26 ·cited 2×
  The government may discharge its duty to disclose superior knowledge through oral representations, but must prove the communication was heard and understood by the contractor.
• Am. Fed'n OF Gov't Emps., Local 1941, AFL-CIO v. Fed. Labor Relations Auth.
  837 F.2d 495· D.C. Cir.· 1988-01-19 ·cited 2×
  The court held that the hospital physician-employee's request for union representation during a formal peer review hearing was not protected under 5 U.S.C. § 7114(a)(2)(B).
• Evans v. Marsh
  835 F.2d 609· 5th Cir.· 1988-01-15 ·cited 2×
  The court held that while federal courts can review decisions of the Army Board for Correction of Military Records, the district court's dismissal is affirmed because the appellant's application was untimely and failed to demonstrate that waiving the timeliness requirement was in
• Asociacion de Compositores Y Editores de Musica Latinoamericana v. Copyright Royalty Tribunal
  835 F.2d 446· 2d Cir.· 1987-12-16 ·cited 2×
  The court held that the Copyright Royalty Tribunal's determination regarding ACEMLA's status and royalty distribution was not arbitrary, capricious, or contrary to law.
• Int'l Union v. Mine Safety AND Health Administration
  830 F.2d 289· D.C. Cir.· 1987-10-02 ·cited 2×
  The court held that the Assistant Secretary's decision to grant a modification of a mandatory safety standard must be vacated because the Assistant Secretary failed to clearly articulate the legal test applied and did not identify the evidence relied upon.
• State OF Ariz. v. Thomas
  829 F.2d 834· 9th Cir.· 1987-10-02 ·cited 2×
  The court held that Arizona's argument that EPA was required to treat it as if it had a fully approved plan was unsustainable, and upheld the EPA Administrator's decision to disapprove Arizona's Clean Air Act implementation plans.
• Mem'l Hospital/Adair Cnty. Health Ctr., Inc. v. Otis R. Bowen, M.D.
  829 F.2d 111· D.C. Cir.· 1987-09-18 ·cited 2×
  The court held that the Provider Reimbursement Review Board's findings disregarded the Secretary's Medicare reimbursement regulations by comparing dissimilar services and costs, thus reversing the district court's grant of summary judgment for the Secretary.
• Monsanto Co. v. Hodel
  827 F.2d 483· 9th Cir.· 1987-09-03 ·cited 2×
  The court held that the Secretary of the Interior could retroactively assess increased royalties based on a new valuation formula for phosphate ore, and that the award of prejudgment interest was within the trial court's discretion.
• Conax v. United States
  824 F.2d 1124· D.C. Cir.· 1987-07-24 ·cited 2×
  The court held that the contracting officer reasonably determined the government had unlimited rights in the disputed drawings, and that Conax's arguments regarding de novo review, separability, and estoppel were without merit.
• Burns v. Marsh
  820 F.2d 1108· 9th Cir.· 1987-06-30 ·cited 2×
  The court held that the Army Board for Correction of Military Records (ABCMR) did not act arbitrarily or capriciously in refusing to alter the plaintiff's service record without a hearing, and its decision was supported by substantial evidence.
• Corey v. Nat'l Transp. Safety Bd.
  822 F.2d 9· 2d Cir.· 1987-06-26 ·cited 2×
  The court held that it lacked jurisdiction to review nonfinal orders and denied the petition for review of the final orders before it.
• Coos-Curry Elec. Coop., Inc. v. Jura
  821 F.2d 1341· 9th Cir.· 1987-06-26 ·cited 2×
  The court held that the Bonneville Power Administration (BPA) did not err in denying mitigation relief to Coos-Curry Electric Cooperative, Inc. (CCEC) because the primary reason for CCEC's system upgrade was to improve its deteriorated transmission system, not to avoid the transf
• Union OIL Co. OF Cal. & Beacon Oil Co. v. U.S. Env't Prot. Agency & Lee M. Thomas
  821 F.2d 678· D.C. Cir.· 1987-06-19 ·cited 2×
  The court held that while the EPA committed a procedural error by failing to timely docket a relevant memorandum, this error was harmless and did not warrant reversal of the lead banking regulation. The court also found the regulation's substantive provisions to be rational and c
• Barnett v. Caspar Weinberger
  818 F.2d 953· D.C. Cir.· 1987-05-15 ·cited 2×
  The court held that the Department of Defense's regulations defining 'custodial care' were invalid as applied to Rachael Barnett, because her hospitalization was medically necessary to sustain her life and thus fell outside the statutory exclusion.
• Granville House, Inc. v. The Dep't OF Health
  813 F.2d 881· 8th Cir.· 1987-03-06 ·cited 2×
  The court held that Granville House, Inc. is entitled to attorneys' fees under the Equal Access to Justice Act because the government's position was not substantially justified, and reversed the district court's denial of fees.
• Alam Ganem v. Bowen
  811 F.2d 1575· D.C. Cir.· 1987-02-20 ·cited 2×
  The court held that the Secretary's determination that Iran has a social insurance system of general application was not arbitrary and capricious, and therefore affirmed the district court's decision.
• Radio-Television News Directors Ass'n v. Fed. Commc'ns Comm'n & United States
  809 F.2d 860· D.C. Cir.· 1987-01-16 ·cited 2×
  The court held that the FCC's 1985 Fairness Report conclusions on the fairness doctrine's constitutionality are not agency action subject to review, but the claim that the FCC's failure to institute rulemaking was arbitrary and capricious is reviewable.
• Stanek v. Dep't OF Transp.
  805 F.2d 1572· Fed. Cir.· 1986-12-03 ·cited 2×
  The court agrees that removal is justified for soliciting a loan from someone who could benefit from research, and that such solicitation is not protected activity.
• Yousef v. United States
  647 F. Supp. 127· M.D. Fla.· 1986-11-14 ·cited 2×
  The court held that summary judgment for the defendants was appropriate because there were no genuine issues of material fact regarding the plaintiffs' trafficking in food stamps and the resulting permanent disqualification from the program.