Arbitrary and Capricious

3,786 Florida cases classified under this topic, plus 448 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Fogarty Bros. Transfer, Inc. v. Boyd
  109 So. 2d 883· Fla.· 1959-02-25 ·cited 48×
  Motor freight carriers challenged an order by the Florida Railroad and Public Utilities Commission regulating household goods carriers' leasing practices, equipment domiciling, and agent activities. The Florida Supreme Court upheld the Commission's authority to promulgate these r
• Mora v. Mejias
  206 F.2d 377· 1st Cir.· 1953-07-24 ·cited 48×
  The court held that the district court did not abuse its discretion in denying a temporary injunction because the plaintiff had not shown with reasonable certainty that he would ultimately prevail.
• Wolpe v. Poretsky
  144 F.2d 505· D.C. Cir.· 1944-06-19 ·cited 48×
  Adjoining property owners have a right to intervene in a suit to enjoin a zoning order if their interests may be inadequately represented by existing parties and their application is timely.
• Moore v. Balkcom
  716 F.2d 1511· 11th Cir.· 1983-09-30 ·cited 47×·via Arbitrary And Capricious Sentencing
  The court held that a federal habeas court should not re-examine a state supreme court's proportionality review, and that a death sentence under the Georgia scheme is not invalid if based partly on non-statutory aggravating factors, provided at least one valid statutory factor su
• Action ON Smoking AND Health v. Civil Aeronautics Bd.
  699 F.2d 1209· D.C. Cir.· 1983-01-28 ·cited 47×
  The Civil Aeronautics Board has the authority to regulate smoking on aircraft under the Federal Aviation Act, but its promulgation of Regulation ER-1245 was partially invalid due to inadequate explanation for rescinding protections and rejecting proposed rules.
• Missouri-Kansas-Texas R.R. Co. v. United States & Interstate Commerce Comm'n
  632 F.2d 392· 5th Cir.· 1980-11-24 ·cited 47×
  The court affirmed the Interstate Commerce Commission's decision to authorize the merger, finding that the Commission properly applied the 'public interest' standard and its 'essential services' policy was a valid re-evaluation.
• Nicholas v. Immigr. & Naturalization Serv.
  590 F.2d 802· 9th Cir.· 1979-02-02 ·cited 47×
  The court held that the denial of non-priority status was not an abuse of discretion because the petitioner failed to establish a norm for comparison, and that relief under 8 U.S.C. § 1182(c) was unavailable due to a drug conviction. The court also found that while the INS violat
• Feeley v. Sampson
  570 F.2d 364· 1st Cir.· 1978-01-18 ·cited 47×
  The dissenting judge argues that the majority's standard for evaluating conditions of confinement for pretrial detainees is too deferential and rejects established case law.
• Merritt v. Peters
  65 So. 2d 861· Fla.· 1953-06-02 ·cited 47×
  Merritt challenges a county zoning regulation limiting commercial signs to 40 square feet as an unconstitutional exercise of police power. The Florida Supreme Court upholds the regulation, holding that aesthetic considerations constitute a valid basis for zoning restrictions affe
• Wis. GAS Co. v. Fed. Energy Regulatory Comm'n
  770 F.2d 1144· D.C. Cir.· 1985-08-20 ·cited 46×
  The court affirmed the Commission's orders eliminating variable cost recovery through minimum bills, finding it was reasoned decisionmaking and did not violate settlement agreements or import authorizations. However, it remanded the issue of whether downstream pipelines can inclu
• Adler v. Lewis
  675 F.2d 1085· 9th Cir.· 1982-04-30 ·cited 46×
  The Secretary complied with the requirements of section 4(f) of the Department of Transportation Act of 1966, as the project included all possible planning to minimize harm to parkland and no feasible or prudent alternative existed.
• Nat'l Fed'n OF Fed. Emps. & Local 1451 v. Fed. Labor Relations Auth.
  652 F.2d 191· D.C. Cir.· 1981-05-29 ·cited 46×
  The court held that the Federal Labor Relations Authority (FLRA) correctly determined that the employer has no duty to bargain over a union proposal mandating the minimum number of representatives the employer may designate for negotiations, as this does not affect 'conditions of
• Iowa Power & Light Co. v. Burlington N., Inc.
  647 F.2d 796· 8th Cir.· 1981-04-27 ·cited 46×
  The court held that the Staggers Rail Act of 1980 did not apply to this case due to its timing and the manifest injustice of retroactive application, and that the ICC properly considered the parties' agreed rate as evidence of a reasonable maximum.
• OLD Dominion Dairy Prods., Inc. v. Secretary OF Defense
  631 F.2d 953· D.C. Cir.· 1980-07-29 ·cited 46×
  When the government effectively bars a contractor from virtually all government work due to charges of lacking honesty or integrity, due process requires that the contractor be given notice of those charges and an opportunity to respond before adverse action is taken.
• Ithaca Coll. v. Nat'l Labor Relations Bd.
  623 F.2d 224· 2d Cir.· 1980-05-19 ·cited 46×
  The Board's refusal to conduct a hearing on whether Ithaca College's faculty were managerial or supervisory employees, in light of the Second Circuit's decision in NLRB v. Yeshiva University, was arbitrary, capricious, and unlawful.
• Coriolan v. Immigr. & Naturalization Serv.
  559 F.2d 993· 5th Cir.· 1977-09-22 ·cited 46×·via Arbitrary And Capricious Standard Of Review
  The majority opinion erred by disregarding controlling precedent and relying on an unauthenticated report presented for the first time on appeal.
• Alianza Federal de Mercedes v. Fed. Commc'ns Comm'n
  539 F.2d 732· D.C. Cir.· 1976-04-27 ·cited 46×
  Disclosure of licensee financial information is not required as a matter of law, and no substantial and material issues of fact were raised that would require an evidentiary hearing on the Petition to Deny the Renewal Application.
• Nucleus OF Chicago Homeowners Ass'n v. Lynn
  524 F.2d 225· 7th Cir.· 1975-10-06 ·cited 46×
  The court held that HUD's determination not to file an environmental impact statement for scattered-site public housing was not arbitrary, capricious, or contrary to law.
• Nat'l Courier Ass'n & Purolator Courier Corp. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  516 F.2d 1229· D.C. Cir.· 1975-08-04 ·cited 46×
  The court held that courier services for banking materials and financially related data processing materials are 'closely related' to banking, but general courier services for non-financially related material are not permissible as 'incidental' activities under the Act.
• Wilwording v. Swenson
  502 F.2d 844· 8th Cir.· 1974-09-10 ·cited 46×
  The court held that the petitioner's claim of punishment without any evidence is cognizable in habeas corpus and not barred by res judicata, collateral estoppel, controlling weight, or waiver, and is not foreclosed by the nonretroactivity of Wolff v. McDonnell.
• Haynes v. The United States
  418 F.2d 1380· Ct. Cl.· 1969-12-12 ·cited 46×
  The court held that the plaintiff failed to exhaust administrative remedies for most procedural claims and that other alleged procedural errors were harmless. The court also found the administrative decision regarding the charges of inefficiency and failure to meet deadlines was
• Nat'l Ass'n OF Theatre Owners & Joint Comm. Against Toll TV v. Fed. Commc'ns Comm'n & United States
  420 F.2d 194· D.C. Cir.· 1969-09-30 ·cited 46×·via Arbitrary And Capricious Standard Of Review
  The Federal Communications Commission has the statutory authority under the Communications Act of 1934 to authorize nationwide over-the-air subscription television and acted properly in prescribing rules for its development.
• W. Mich. Telecasters, Inc. v. Fed. Commc'ns Comm'n
  396 F.2d 688· D.C. Cir.· 1968-05-31 ·cited 46×
  The court held that the FCC failed to provide specific findings of fact to support its decision to grant BCU-TV's broadcast application without a hearing.
• Trans World Airlines, Inc. v. Civil Aeronautics Bd.
  385 F.2d 648· D.C. Cir.· 1967-09-12 ·cited 46×
  The court held that the Civil Aeronautics Board (CAB) did not err in disallowing certain strike losses and selling expenses, nor in denying accruals for termination indemnities, as these did not meet the statutory "need" criterion for subsidy mail pay under honest, economical, an
• Tomlinson v. United States
  216 F.2d 12· 9th Cir.· 1954-09-15 ·cited 46×·via Arbitrary And Capricious Action
  The court held that the registrant's claims of arbitrary classification and denial of a full and fair hearing were without merit, and that the appeal board's classification had a basis in fact.
• United States ex rel. Berman v. Craig
  207 F.2d 888· 3d Cir.· 1953-11-27 ·cited 46×·via Arbitrary And Capricious Action
  The court held that the local board's failure to consider the registrant's change in status and its premature issuance of an induction order violated his procedural rights under Selective Service Regulations.
• Lakemore Co. v. Brown
  137 F.2d 355· Emer. Ct. App.· 1943-07-15 ·cited 46×·via Arbitrary And Capricious Standard Of Review
  The court held that the Emergency Price Control Act does not require rent adjustments for individual property tax increases not of general applicability, and the Administrator's denial of such an adjustment was not arbitrary or capricious.
• Sergeant Perry Watkins v. United States Army
  875 F.2d 699· 9th Cir.· 1989-05-03 ·cited 45×
  The Army's regulations discriminating against individuals based on homosexual orientation violate the Equal Protection Clause of the Fifth Amendment. Such regulations are not necessary to promote a compelling governmental interest and are therefore constitutionally void. The cour
• Baeder v. Heckler
  768 F.2d 547· 3d Cir.· 1985-07-24 ·cited 45×
  The court held that the "severe impairment" regulation (20 C.F.R. § 404.1520(c)) is inconsistent with the Social Security Act and therefore invalid because it allows denial of benefits without considering vocational factors. However, the court reversed the district court's nation
• Deukmejian v. Nuclear Regulatory Comm'n & United States
  751 F.2d 1287· D.C. Cir.· 1984-12-31 ·cited 45×
  The court held that the agency's decision to exclude consideration of earthquakes in emergency planning lacked a rational basis and sufficient record support, warranting remand.
• Kenai OIL & GAS, Inc. v. The Dep't OF the Interior OF the United States
  671 F.2d 383· 10th Cir.· 1982-02-17 ·cited 45×
  The Superintendent cannot refuse approval of communitization agreements solely because he believes Indian lands would fare better economically outside the proposed unit.
• United States v. Nova Scotia Food Prods. Corp.
  568 F.2d 240· 2d Cir.· 1977-12-15 ·cited 45×
  The court held that the FDA regulation was invalid as applied to appellants because the agency failed to disclose the scientific data and methodology it relied upon, and failed to adequately address the commercial feasibility concerns raised by the industry.
• Usery v. Local Union NO. 639 Int'l Bhd. OF Teamsters
  543 F.2d 369· D.C. Cir.· 1976-08-27 ·cited 45×
  The court held that intervenors have standing to contest the Secretary's certification of a supervised union election and that the District Court erred in denying attorney's fees to intervenors under the common benefit rationale.
• Amsden v. Moran
  904 F.2d 748· 1st Cir.· 1990-05-29 ·cited 44×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
• River Rd. Alliance, Inc. v. Corps OF Eng'rs OF United States Army
  764 F.2d 445· 7th Cir.· 1985-05-17 ·cited 44×
  The majority opinion, which is being dissented from, appears to have reversed or overturned a lower court's finding that the Corps failed to adequately consider environmental impacts. The dissenting judge argues the Corps did not take a 'hard look' and failed to study alternative
• Moore v. Reynolds Metals Co. Ret. Program FOR Salaried Emps.
  740 F.2d 454· 6th Cir.· 1984-08-10 ·cited 44×
  Federal courts cannot review the substantive provisions of an ERISA retirement plan for reasonableness, even if the plan was unilaterally established by the employer.
• Watkins Motor Lines, Inc. v. Interstate Commerce Comm'n & United States
  641 F.2d 1183· 5th Cir.· 1981-04-09 ·cited 44×
  The court held that the ICC's order granting authority from Los Angeles to the Southeast and from five specific southeastern port cities to Los Angeles was supported by substantial evidence under the old law, but the grant of authority from other points in the Southeast to Los An
• Skinner v. The United States
  594 F.2d 824· Ct. Cl.· 1979-02-21 ·cited 44×
  The court held that the Air Force violated its own regulations and statutes in rating the plaintiff, leading to his illegal separation, and that the Correction Board's denial of relief was arbitrary and capricious.
• Phillips v. Bergland
  586 F.2d 1007· 4th Cir.· 1978-11-17 ·cited 44×
  The court held that the Civil Service Commission Appeals Review Board's dismissal sanction was within its discretion.
• Asphalt Roofing Mfrs. Ass'n v. Interstate Commerce Comm'n & United States
  567 F.2d 994· D.C. Cir.· 1977-10-17 ·cited 44×
  The court held that ICC orders allowing rate increases without suspension or investigation are generally unreviewable, and that challenges to specific commodity hold-downs must be pursued through administrative proceedings. However, the court remanded cases concerning environment
• Overlook Nursing Home, Inc. v. The United States
  556 F.2d 500· Ct. Cl.· 1977-05-18 ·cited 44×
  The court held that the intermediary's auditor lacked authority to bind the government to a settlement amount and that the composition of the administrative board did not violate due process. However, start-up costs are reimbursable and remanded for calculation.
• Laymon Wesley Alsbury v. The United States Postal Serv.
  530 F.2d 852· 9th Cir.· 1976-03-01 ·cited 44×
  The court held that the Postal Service's procedures for suspension and discharge, even with a reduced notice period for criminal suspicion, complied with due process and were not arbitrary or capricious, and that an acquittal in criminal proceedings did not preclude administrativ
• Am. Bible Soc'y v. Winton M. Blount
  446 F.2d 588· 3d Cir.· 1971-07-12 ·cited 44×
  The court held that the suits were not moot because the existence of injunction bonds created a likelihood of future litigation on the same issues, and that the Postmaster General's actions are subject to judicial review for arbitrariness, capriciousness, or unconstitutionality.
• Nat'l Labor Relations Bd. v. Weyerhaeuser Co.
  276 F.2d 865· 7th Cir.· 1960-04-06 ·cited 44×
  The court held that the Board did not err in determining the appropriateness of the craft bargaining unit, conducting the election, or refusing to consider the disaffiliation and no-raiding agreement defenses.
• Sierra Club, Inc. v. Leavitt
  488 F.3d 904· 11th Cir.· 2007-06-08 ·cited 43×·via Arbitrary And Capricious Standard Of Review
  Sierra Club challenged the EPA's approval of Florida's 2002 impaired waters list under the Clean Water Act section 303(d), alleging the EPA violated its oversight responsibility by approving Florida's failure to identify certain impaired waterbodies and by approving improper deli
• Scott v. Prudential Sec., Inc.
  141 F.3d 1007· 11th Cir.· 1998-05-18 ·cited 43×
  Scott, a CFTC-registered associated person and NFA associate member, structured futures trading accounts through corporate entities to avoid personal liability. After the accounts lost money, PSI demanded arbitration before the NFA against Scott personally. The court held that wh
• Young v. Standard OIL (Indiana) & Amoco Oil Co.
  849 F.2d 1039· 7th Cir.· 1988-06-23 ·cited 43×
  An employer does not owe a fiduciary duty to employees when unilaterally amending or abolishing a non-vested severance benefit plan, and denials of benefits are reviewed under the arbitrary and capricious standard, even if procedural violations occurred.
• Naartex Consulting Corp. v. Watt
  722 F.2d 779· D.C. Cir.· 1983-11-29 ·cited 43×
  The court held that the district court properly dismissed the action for lack of personal jurisdiction over indispensable private defendants and for substantive defects in the claims against the government.
• Marek v. State
  8 So. 3d 1123· Fla.· 2009-05-08 ·cited 42×·via Arbitrary And Capricious Sentencing
  John Richard Marek, a death row inmate convicted of first-degree murder in 1983, appeals the postconviction court's denial of his second successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting Marek's claims regarding arbitrary senten
• Lowry v. Bankers Life & Cas. Ret. Plan
  871 F.2d 522· 5th Cir.· 1989-04-28 ·cited 42×
  The court held that because the plan instruments grant the plan committee discretionary authority to interpret the plan and determine eligibility, an abuse of discretion standard of review applies, not de novo review.