Arbitrary and Capricious

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

• City OF Alexandria v. Helms
  719 F.2d 699· 4th Cir.· 1983-10-13 ·cited 2×
  The court granted a stay of the injunction pending appeal, finding it unlikely the plaintiffs would prevail on the merits.
• Ivy A. Thompson v. Asbestos Workers Local NO. 53 Pension Fund
  716 F.2d 340· 5th Cir.· 1983-10-03 ·cited 2×
  An employee who becomes a supervisor in the same industry and trade is considered employed in that trade or craft for purposes of ERISA benefit suspension, and the trustees' reasonable interpretation of the plan and statute is upheld.
• Dresser Indus., Inc. v. Interstate Commerce Comm'n & United States
  714 F.2d 588· 5th Cir.· 1983-09-16 ·cited 2×
  The court held that the Interstate Commerce Commission's decisions were supported by substantial evidence and were neither arbitrary nor capricious, affirming the dismissal of the shippers' claims.
• State OF NEW York v. The United States Env't Prot. Agency & Anne Gorsuch
  716 F.2d 440· 7th Cir.· 1983-08-19 ·cited 2×
  The court held that the EPA's approval of the Illinois SIP revision was not arbitrary or capricious, as the agency complied with Section 110 requirements and was not required to perform impossible analyses.
• Schwartz v. Helms
  712 F.2d 633· D.C. Cir.· 1983-07-08 ·cited 2×
  The FAA's amendment to airman medical certificate rules is authorized by statute and supported by sufficient evidence, and is therefore affirmed.
• Clevepak Corp. v. The United States Env't Prot. Agency & Charles R. Jeter
  708 F.2d 137· 4th Cir.· 1983-06-03 ·cited 2×
  The court held that the EPA Administrator's dismissal of Clevepak's protest was not arbitrary or capricious, as Clevepak failed to present adequate evidence of fraud, bad faith, or violation of specific responsibility standards in the subcontract award.
• NEW York City Health & Hosps. Corp. v. Blum
  708 F.2d 880· 2d Cir.· 1983-05-25 ·cited 2×
  The court held that New York City Health and Hospitals Corporation (HHC) failed to establish a facial conflict between the state's length of stay (LOS) disallowance and the PSRO Act, and that other claims required proof of actual reasonable costs, which HHC declined to provide.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  703 F.2d 459· 10th Cir.· 1983-03-22 ·cited 2×
  The court held that the Interstate Commerce Commission's grant of unrestricted motor carrier authority to a rail affiliate was proper, even if the "special circumstances" doctrine was not explicitly named, as long as the findings supported the public interest and statutory requir
• Oriental RUG Importers, Ltd. v. Employment AND Training Administration
  696 F.2d 47· 6th Cir.· 1982-12-29 ·cited 2×
  The court held that the Department of Labor's denial of alien labor certification was not arbitrary, capricious, or an abuse of discretion.
• Foley-Wismer & Becker & Shurtleff & Andrews Constr. v. Nat'l Labor Relations Bd.
  695 F.2d 424· 9th Cir.· 1982-12-28 ·cited 2×
  The court held that the National Labor Relations Board's order quashing notice of hearing was reviewable and that there was substantial evidence to support the Board's finding that no jurisdictional dispute existed.
• Cowin & Co., Inc. v. Fed. Mine Safety & Health Review Comm'n & Raymond J. Donovan
  694 F.2d 966· 4th Cir.· 1982-12-10 ·cited 2×
  The court held that the contractor's claim of arbitrary agency action was foreclosed by a prior appellate decision allowing amendment of charges.
• Commonwealth OF Mass. v. Hayes
  691 F.2d 57· 1st Cir.· 1982-10-18 ·cited 2×
  The court held that the FDA rationally applied its standards in denying Massachusetts' application for an exemption from federal preemption for its hearing aid sale regulations.
• Ahrens v. Andrus
  690 F.2d 805· 10th Cir.· 1982-10-13 ·cited 2×
  The court held that a single date for multiple facsimile signatures on a lease entry card was not a sufficient reason to invalidate the application, but reversed the order canceling a lease awarded to a non-party second drawee.
• Cole v. The United States
  689 F.2d 1040· Ct. Cl.· 1982-09-22 ·cited 2×
  The court held that while the regulation governing resignation withdrawals is valid, the plaintiff has presented a triable issue of fact regarding whether his resignation withdrawal was denied in retaliation for exercising his First Amendment rights.
• Istivan v. The United States
  689 F.2d 1034· Ct. Cl.· 1982-09-22 ·cited 2×
  The court held that the Army Board for the Correction of Military Records' decision denying an increased disability rating was not supported by substantial evidence and violated applicable regulations. The court denied the defendant's motion for summary judgment.
• Margot Ellen Reiner v. United States
  686 F.2d 1017· D.C. Cir.· 1982-08-27 ·cited 2×
  The court held that the Foreign Service Grievance Board erred in its method of comparing the grievant's career progression to her peers, failing to adequately account for her prior experience and earlier eligibility for promotion.
• Brown & Root Dev., Inc. v. Tenn. Valley Auth.
  681 F.2d 1313· 11th Cir.· 1982-08-02 ·cited 2×
  A TVA regulation requiring contractors to elect to proceed under the Contract Disputes Act in writing at the initial submission of a claim is valid and reasonable.
• Sears v. Dep't OF THE Navy
  680 F.2d 863· 1st Cir.· 1982-06-16 ·cited 2×
  The court held that the Navy's annual notice of the right to union representation was sufficient, even if provided after the employee's investigatory interview, as the employee failed to show substantial harm.
• Dzialo v. The United States
  677 F.2d 873· Ct. Cl.· 1982-05-05 ·cited 2×
  The court held that the Board for Correction of Naval Records' decisions regarding the plaintiff's discharge were not arbitrary or capricious, and that the claim for physical disability retirement pay was premature due to failure to exhaust administrative remedies.
• City OF Naples v. Clam Court Marina Tr.
  413 So. 2d 475· Fla. 2d DCA· 1982-05-05 ·cited 2×
  The court held that the City's determination that the apartment constituted two dwelling units was reasonable and not arbitrary, and that the applicant failed to meet the conditions for a variance.
• Ignatius de Cicco v. The United States
  677 F.2d 66· Ct. Cl.· 1982-03-24 ·cited 2×
  The court held that the Air Force Board for Correction of Military Records' denial of the plaintiff's request for disability retirement pay was not arbitrary, capricious, or unsupported by substantial evidence.
• United States v. Brown
  672 F.2d 808· 10th Cir.· 1982-03-15 ·cited 2×
  The court held that the legal description was sufficient for a quiet title action and that the BLM's decision not to convey title was not arbitrary, capricious, or an abuse of discretion.
• Milford Mem'l Hosp., Inc. v. The United States
  675 F.2d 270· Ct. Cl.· 1982-03-10 ·cited 2×
  The court held that county payments to a hospital for its emergency room were unrestricted grants, not subject to deduction from Medicare reimbursement costs.
• Mandalay Shores Coop. Hous. Ass'n, Inc. v. Pierce
  667 F.2d 1195· 5th Cir.· 1982-02-18 ·cited 2×
  The court held that the Department of Housing and Urban Development (HUD) did not act arbitrarily or capriciously in rejecting the cooperative's purchase offer and that no material issues of fact remained for litigation.
• RAM Petroleums, Inc. v. Andrus
  658 F.2d 1349· 9th Cir.· 1981-10-13 ·cited 2×
  The court held that the district court erred in reversing the Board of Land Appeals' decision, finding that the Board did not abuse its discretion in denying reinstatement of the oil and gas leases.
• Kagarise v. Cumberland
  661 F.2d 19· 3d Cir.· 1981-10-02 ·cited 2×
  The court held that the Reciprocal Agreement's language regarding partial pension benefit calculation is ambiguous and does not mandate using the retirement date as the unit multiplier.
• Diamond v. The United States
  657 F.2d 1194· Ct. Cl.· 1981-08-19 ·cited 2×
  The court granted summary judgment for the defendant, finding no abuse of discretion or implied-in-fact contract, and thus no jurisdiction over the plaintiffs' claim for damages.
• Lelia Martinez v. Swift & Co. & Esmark, Inc.
  656 F.2d 262· 7th Cir.· 1981-08-06 ·cited 2×
  The court held that the Pension Board's decision denying pension benefits was not arbitrary, fraudulent, or in bad faith, and affirmed the grant of summary judgment.
• Fed. Food Serv., Inc. v. The Honorable Raymond J. Donovan
  658 F.2d 830· D.C. Cir.· 1981-03-20 ·cited 2×
  The court held that the Secretary of Labor's decision to debar appellants was arbitrary because it relied on an unsupported finding of improper management for de minimis underpayments, failing to properly apply the 'unusual circumstances' standard.
• Hudson Stations, Inc. v. United States Env't Prot. Agency
  642 F.2d 261· 8th Cir.· 1981-03-12 ·cited 2×
  The court held that the Regional Administrator did not abuse her discretion in assessing the $3,000 civil penalty by considering the aggregate size of related corporations and using the appropriate definition of gross income.
• Citizens Against the Refinery's Effects, Inc. v. United States Env't Prot. Agency
  643 F.2d 183· 4th Cir.· 1981-03-05 ·cited 2×
  The court held that the EPA Administrator did not act arbitrarily or capriciously in approving Virginia's State Implementation Plan, which utilized an offset program to allow construction of a new refinery.
• Baltimore Contractors, Inc. v. The United States
  643 F.2d 729· Ct. Cl.· 1981-02-25 ·cited 2×
  The court's ultimate legal authority relied upon is objected to, with the proper foundation for the decision being the due process clause of the fifth amendment.
• Spencer v. United States Env't Prot. Agency
  641 F.2d 1061· 2d Cir.· 1981-02-10 ·cited 2×
  The court held that the EPA Regional Administrator did not act arbitrarily or capriciously in finding good cause for Suffolk's rejection of all bids for the sewer project completion contract.
• Mo. Health & Med. Org., Inc. v. The United States
  641 F.2d 870· Ct. Cl.· 1981-01-28 ·cited 2×
  The court held that the 1976 Notice of Grant Award did not create a contractual obligation for the renewal of plaintiff's grant, and therefore, the denial of the renewal application was not a breach of contract.
• Trans World Airlines, Inc. v. Civil Aeronautics Bd.
  637 F.2d 62· 2d Cir.· 1980-11-07 ·cited 2×
  The court held that the Civil Aeronautics Board (CAB) did not sufficiently demonstrate consideration of the UPU rate of return on investment when fixing rates under the Federal Aviation Act.
• Faith Hosp. Ass'n v. The United States
  634 F.2d 526· Ct. Cl.· 1980-09-10 ·cited 2×
  The regulation is valid because the hospital, as the primary participant in a scheme to overcharge Medicare Part B patients, can have those overpayments deducted from its Medicare Part A reimbursement.
• Smith v. Hambrick
  637 F.2d 211· 4th Cir.· 1980-08-04 ·cited 2×
  The court held that the Parole Commission sufficiently identified the factor preventing the inmate's release and did not act arbitrarily or capriciously in denying parole.
• NEW York Shipping Ass'n, Inc. v. Fed. Mar. Comm'n & United States
  628 F.2d 253· D.C. Cir.· 1980-07-30 ·cited 2×
  The court affirmed the FMC's order directing the Association to satisfy certain refund claims, finding the Commission's decision not arbitrary or capricious. However, it reversed the denial of Zim's claim, finding the Commission's disparate treatment of Zim and another carrier ar
• Gorman v. Army & AIR Force Exch. Serv.
  619 F.2d 1141· 5th Cir.· 1980-06-27 ·cited 2×
  The court held that the district court possessed subject matter jurisdiction over a wrongful discharge claim against AAFES, even if not explicitly stated in the complaint.
• Ginther v. Fed. Energy Regulatory Comm'n
  618 F.2d 1138· 5th Cir.· 1980-06-12 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's denial of special relief from refund obligations was not arbitrary, capricious, or unduly discriminatory, and affirmed the Commission's order.
• Hall v. Mullins
  621 F.2d 253· 6th Cir.· 1980-05-27 ·cited 2×
  The court held that the district court applied the proper standard of review and did not err in dismissing the plaintiff's complaint for pension benefits.
• Nat'l Ass'n OF Recycling Indus., Inc. v. Interstate Commerce Comm'n & United States
  627 F.2d 1341· D.C. Cir.· 1980-04-25 ·cited 2×
  The court held that the petitions challenging ICC general revenue proceedings were moot because a related decision in NARI II provided an equally or more effective remedy for the issues raised.
• State Bank OF Rensselaer v. Heimann
  619 F.2d 679· 7th Cir.· 1980-04-23 ·cited 2×
  The court held that the Comptroller's decision to authorize a branch bank facility adjacent to Rensselaer, Indiana, was arbitrary, capricious, and not in accordance with law because the site was not located 'in a town' as required by Indiana law.
• Taunton Municipal Lighting Plant v. Dep't OF Energy
  620 F.2d 896· C.C.P.A.· 1980-04-09 ·cited 2×
  The court held that the appeal from the denial of a preliminary injunction must be dismissed because the order was interlocutory and the appellant failed to obtain the necessary certification for appeal.
• Buchanan v. The United States
  621 F.2d 373· Ct. Cl.· 1980-04-02 ·cited 2×
  The court held that the plaintiff, as a TAR officer with tenure, was entitled to notice and an opportunity to be heard before being released from active duty, and that the correction board erred in denying his application without a hearing.
• Hunter v. City OF Tampa
  379 So. 2d 426· Fla. 2d DCA· 1980-01-30 ·cited 2×
  C. C. Hunter, a Tampa police officer, appeals the Board of Trustees' denial of his in-line-of-duty disability pension, contending the evidence was insufficient to support the denial. The court agrees and reverses, finding the Board's decision unsupported by any evidence in the re
• Davis v. Ernst Erdmann
  607 F.2d 917· 10th Cir.· 1979-10-15 ·cited 2×
  The court held that the denial of a permit to import a knife-pistol was arbitrary and capricious, as the evidence showed it was primarily a collector's item not likely to be used as a weapon.
• Nader v. Schlesinger
  609 F.2d 494· Temp. Emer. Ct. App.· 1979-10-04 ·cited 2×
  The court held that the Department of Energy's Environmental Impact Statement (EIS) for the gasoline tilt regulation had a rational basis and complied with the National Environmental Policy Act (NEPA).
• Rhodia, Inc. v. Food & Drug Admin.
  608 F.2d 1376· D.C. Cir.· 1979-09-18 ·cited 2×
  The court held that the FDA's denial of Rhodia's supplemental NADA applications, based on a policy that adding new suppliers would increase the risk of human exposure to drug residues, was arbitrary and capricious.
• Nat'l BUS Traffic Ass'n, Inc. v. Interstate Commerce Comm'n & the United States
  613 F.2d 881· D.C. Cir.· 1979-09-12 ·cited 2×
  The court affirmed the Commission's order finding the proposed tariff rules unjust and unreasonable, holding that the National Bus Traffic Association failed to prove the necessity of value limitations for incidental bus express service or the reasonableness of prohibiting certai