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543 F.3d 649·
11th Cir.·
2008-09-24
·cited 1×
The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of the government, holding that 31 C.F.R. § 10.7(c)(l)(viii) is a valid and reasonable regulation. The court found that Congress expressly delegated authority to the Secretary of the Treasury to
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574 F. Supp. 2d 1360·
S.D. Fla.·
2008-09-02
·cited 1×
The court held that the plaintiff tribe failed to adequately allege Article III standing because it did not demonstrate a concrete and particularized injury in fact related to the Tamiami Trail Modification Project.
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993 So. 2d 1035·
Fla. 2d DCA·
2008-02-27
·cited 1×
Accela and CRW, competing software vendors, challenged Sarasota County's procurement of Amanda software from CSDC without competitive bidding, arguing the county violated its Procurement Code. The appellate court reversed the trial court's judgment, holding that the county improp
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528 F. Supp. 2d 1317·
S.D. Fla.·
2007-12-21
·cited 1×
The court granted summary judgment for the Federal Defendants, finding the Fish and Wildlife Service's 2006 Biological Opinion did not violate the Endangered Species Act or the Administrative Procedure Act.
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509 F. Supp. 2d 1288·
S.D. Fla.·
2007-07-30
·cited 1×
The court denied the plaintiff's motion to find the Final Supplemental Environmental Impact Statement (FSEIS) inadequate, finding that the Corps had complied with the court's prior order to prepare the SEIS.
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960 So. 2d 879·
Fla. 4th DCA·
2007-07-18
·cited 1×
A former wife sought military survivor benefits promised in her marital settlement agreement but was denied by the Army due to her ex-husband's untimely filing of required forms. The trial court granted summary judgment in favor of the former wife against the second wife on the t
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495 F. Supp. 2d 1188·
S.D. Fla.·
2007-07-13
·cited 1×
The court held that the Army Corps of Engineers and Fish and Wildlife Service violated the APA, ESA, CWA, and NEPA by issuing mining permits without adequate environmental review, and that these permits must be set aside.
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446 F. Supp. 2d 1322·
S.D. Fla.·
2006-08-15
·cited 1×
The court held that the Corps' reinstatement and 120-day extension of the permit constituted final agency action subject to judicial review under the APA, rejecting ACI's jurisdictional challenge.
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363 F. Supp. 2d 1349·
S.D. Fla.·
2005-02-02
·cited 1×
The court held that plaintiff is not entitled to a jury trial under ERISA and that defendant did not abuse its discretion in terminating disability benefits.
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352 F. Supp. 2d 1259·
S.D. Fla.·
2004-08-31
·cited 1×
The court held that Foundation did not wrongfully terminate the contract and Robinson failed to exhaust administrative remedies for claims of coverage denial prior to termination.
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552 F. Supp. 2d 1318·
M.D. Fla.·
2004-08-20
·cited 1×
The court held that the supplemental arbitration award was invalid due to exceeding the arbitrator's authority and violating the doctrine of functus officio, while the interim award's punitive damages were vacated for manifest disregard of the law.
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331 F. Supp. 2d 1376·
M.D. Fla.·
2004-07-09
·cited 1×
The court held that the plan administrator's decision to deny long-term disability benefits was not wrong, and therefore summary judgment for the defendant was granted.
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315 F. Supp. 2d 1277·
S.D. Fla.·
2004-02-24
·cited 1×
The court held that the insurer's interpretation of 'regular occupation' was not reasonable because it failed to consider the specific nature of the insured's actual occupation as practiced, instead relying solely on broad Dictionary of Occupational Titles definitions.
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320 F. Supp. 2d 1240·
M.D. Fla.·
2004-01-13
·cited 1×
The court held that the insurer's denial of long-term disability benefits was not "wrong" under the heightened arbitrary and capricious standard, as the plaintiff's functional capacity evaluation indicated she could perform sedentary work.
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339 F. Supp. 2d 1337·
S.D. Fla.·
2003-09-29
·cited 1×
The court held that the arbitration award denying the Robersons' claims should be confirmed because the arbitrators had a rational basis for their decision, and the Robersons failed to meet their burden of refuting it.
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286 F. Supp. 2d 1326·
M.D. Fla.·
2003-09-24
·cited 1×
Hoover, a former employee of Citizens Bank and its successors, sought additional pension benefit accrual credit for 8.875 years of service from 1964 to 1973 that was denied by Bank of America's pension plan administrators. The court held that ERISA sections 204(b) and 202(b) over
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205 F. Supp. 2d 1302·
M.D. Fla.·
2002-05-21
·cited 1×
The court held that the denial of long-term disability benefits was not arbitrary and capricious, as the plan granted the administrator discretionary authority and the denial had a rational basis in the facts known at the time.
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175 F. Supp. 2d 1362·
S.D. Fla.·
2001-09-19
·cited 1×
The court dismissed claims against the Federal Defendants and state law claims against Biovail, finding them preempted or lacking a private right of action under the Hatch-Waxman Act. Antitrust claims were allowed to proceed. Claims for infringement/invalidity were dismissed as p
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167 F. Supp. 2d 1340·
M.D. Fla.·
2001-06-29
·cited 1×
The court held that an arbitration award will not be vacated if there is a rational basis for the award, and the grounds for vacatur raised by the defendant were not met.
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147 F. Supp. 2d 1329·
S.D. Fla.·
2001-05-24
·cited 1×
The court held that the plan administrator's decision to terminate disability benefits was not unreasonable and was supported by a reasonable basis in the evidence.
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148 F. Supp. 2d 1316·
S.D. Fla.·
2001-04-11
·cited 1×
The court held that an insurer's denial of long-term disability benefits was unreasonable and unsupported by the evidence, as the physician's clearance to return to work did not address the employee's actual physical limitations and the employer's assessment of the job demands.
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779 So. 2d 658·
Fla. 1st DCA·
2001-03-19
·cited 1×
The proposed rule defining terms related to podiatric practice is a valid exercise of the Board's rulemaking authority and is supported by adequate evidence.
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80 F. Supp. 2d 1331·
M.D. Fla.·
1999-11-05
·cited 1×
The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
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43 F. Supp. 2d 1334·
M.D. Fla.·
1999-03-19
·cited 1×
Tenet HealthSystem Hospitals sought judicial review of the Secretary of Health and Human Services' denial of adjustments to TEFRA rate-of-increase ceilings for fiscal year 1984, when the hospitals incurred costs from the newly imposed Florida Indigent Care Tax that were not prese
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1 F. Supp. 2d 1337·
M.D. Fla.·
1998-03-09
·cited 1×
The court held that the defendant failed to establish any grounds for vacating the arbitration award, and therefore confirmed the award.
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982 F. Supp. 850·
M.D. Fla.·
1997-10-21
·cited 1×
The court confirmed the arbitration award, finding no grounds to vacate or modify it, and denied the plaintiff's motion for attorney's fees.
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921 F. Supp. 726·
M.D. Fla.·
1995-11-17
·cited 1×
The court held that the Trust Agreement and Rules and Regulations grant the Trustees discretionary authority, thus an arbitrary and capricious standard of review applies to their decisions. Healthcare providers have standing to sue under ERISA as assignees.
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905 F. Supp. 1038·
M.D. Fla.·
1995-11-16
·cited 1×
The court held that the arbitrators exceeded their powers by ruling on claims not clearly agreed to be arbitrable, and that insurance claims were ineligible for arbitration under the NASD Code.
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855 F. Supp. 1240·
M.D. Fla.·
1994-04-12
·cited 1×
The court held that MetLife, as a third-party claims administrator, did not have discretionary authority to deny benefits, requiring de novo review, and that Harris Corporation, as the plan administrator, was liable for benefits improperly denied.
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845 F. Supp. 1540·
S.D. Fla.·
1993-12-15
·cited 1×
The court held that the plaintiff's federal takings claims were not ripe for review, and granted summary judgment for the defendant on the arbitrary and capricious due process claims, finding no substantial federal question.
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853 F. Supp. 404·
S.D. Fla.·
1993-11-23
·cited 1×
The court held that plaintiffs failed to establish a substantial likelihood of success on the merits for any of their claims, thus denying their emergency motion for a temporary restraining order.
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995 F.2d 1505·
10th Cir.·
1993-06-22
·cited 1×
The Federal Crop Insurance Corporation (FCIC) has the statutory authority to promulgate regulations preempting state laws that are inconsistent with its insurance policies, including those reinsured by the FCIC.
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993 F.2d 98·
5th Cir.·
1993-06-15
·cited 1×
The court held that the abuse of discretion standard of review applies to a plan administrator's factual determination of cause of death under an ERISA plan, and that the policy exclusion for death contributed to by disease applied even if an accident was the proximate cause.
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992 F.2d 977·
9th Cir.·
1993-05-07
·cited 1×
The court held that the Forest Service's decision to reoffer the timber sale without a new administrative appeal and without preparing a site-specific EIS was not arbitrary or capricious.
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992 F.2d 113·
7th Cir.·
1993-04-26
·cited 1×
The court held that the Fund was not estopped from denying benefits, that the Krauts received a full and fair review, and that the denial of coverage was not arbitrary and capricious.
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992 F.2d 763·
8th Cir.·
1993-04-26
·cited 1×
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982 F.2d 1389·
9th Cir.·
1993-01-13
·cited 1×
The court held that Stock West has prudential standing to challenge the timeliness of its administrative appeal and that dismissal for nonjoinder of the Tribe was not warranted. However, Stock West must exhaust administrative remedies before seeking judicial review of the underly
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979 F.2d 1548·
D.C. Cir.·
1992-12-01
·cited 1×
The court held that the trade associations have standing to sue and upheld the Secretary of the Interior's regulations for assessing individual civil penalties under SMCRA, finding them neither arbitrary nor capricious.
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978 F.2d 727·
D.C. Cir.·
1992-11-13
·cited 1×
The court held that it was arbitrary and capricious for the FCC to dismiss AT&T's complaint without deciding the legal issue presented, and that the Fourth Report and Order is invalid under the Communications Act.
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975 F.2d 1315·
7th Cir.·
1992-09-23
·cited 1×
The majority erred by striking down the IHSAA's eligibility ruling on a tenuous state law ground and by leaving the district court's constitutional ruling undisturbed.
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965 F.2d 759·
9th Cir.·
1992-05-27
·cited 1×
The court held that the Environmental Protection Agency's storm water discharge rule, which requires permits for "inactive mining operations," is consistent with the Clean Water Act and is a reasonable interpretation of the statute. The court also found the rule was not unlawfull
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796 F. Supp. 496·
M.D. Fla.·
1992-04-07
·cited 1×
The court denied the plaintiffs' motion to vacate the arbitration award and granted the defendants' motions to confirm the award.
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957 F.2d 664·
9th Cir.·
1992-02-20
·cited 1×
The court held that the Secretary's regulation limiting cumulative allowable return on equity capital attributable to goodwill for Medicare providers was reasonably related to the purposes of the Medicare statute and did not constitute unlawful retroactive rulemaking.
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789 F. Supp. 1579·
S.D. Fla.·
1991-12-20
·cited 1×
The court granted plaintiffs' request for supplemental findings regarding the APA and granted a limited injunction for First Amendment access, while denying other injunctive relief.
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779 F. Supp. 1336·
S.D. Fla.·
1991-12-02
·cited 1×
The court denied the FDIC's motion to dismiss, finding that the plaintiff's complaint sufficiently stated claims for declaratory judgment regarding the timeliness of the lease repudiation, for arbitrary repudiation, for damages, and for a Fifth Amendment taking.
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948 F.2d 338·
7th Cir.·
1991-11-19
·cited 1×
The court held that it lacked jurisdiction to review the ICC's initial revocation order due to untimeliness, affirmed the ICC's denial of reinstatement as not arbitrary or capricious, and dismissed review of the denial of reconsideration as committed to agency discretion.
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947 F.2d 1412·
9th Cir.·
1991-11-04
·cited 1×
The court held that the Investment Committee had discretion to terminate annuity purchases and that the plaintiffs' fiduciary breach claim was invalid as it sought individual recovery rather than recovery for the plan.
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939 F.2d 1·
2d Cir.·
1991-07-22
·cited 1×
The court held that while the district court applied an erroneous standard of review, the record supported its conclusion that the Commissioner's determination of a significant tax reduction purpose was unreasonable.
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933 F.2d 652·
8th Cir.·
1991-05-16
·cited 1×
The court held that severance pay should include years of service with a former employer, Reserve Mining Company, and that the Firestone Tire & Rubber Co. v. Bruch standard applies retroactively. The court also affirmed the district court's finding that two individuals were emplo
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931 F.2d 590·
9th Cir.·
1991-04-26
·cited 1×
The court held that the doctrine of equitable tolling applies to the fifteen-day limitations period for challenging timber sales under Section 318, and that the plaintiffs' challenges to six timber sales should be permitted to proceed.