Arbitrary and Capricious

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

• Celebration Law P.A. v. Adm'r of the United States Small Bus. Admin.
  M.D. Fla.· 2020-08-19
  The court held that Petitioners failed to establish a substantial likelihood of success on the merits for their Administrative Procedure Act claim, and thus denied their motion for a preliminary injunction.
• Gulf Med Pharmacy, Inc. v. Dhillon
  M.D. Fla.· 2020-06-23
  The court denied the petition to dissolve the immediate suspension order, finding the DEA demonstrated a sufficient factual basis for the suspension.
• Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv.
  S.D. Fla.· 2020-05-26
  Deliberative documents are not categorically excluded from the administrative record and may be withheld only upon a substantiated claim of the deliberative process privilege, documented in a privilege log.
• United States v. Schwarzbaum
  S.D. Fla.· 2020-03-20
  The United States sued Isac Schwarzbaum to collect civil penalties assessed by the IRS for failing to timely file complete FBARs (Foreign Bank Account Reports) for tax years 2006-2009, seeking approximately $13.7 million in willful penalties plus interest and late-payment penalti
• Smith v. Blue Cross Blue Shield of South Carolina
  M.D. Fla.· 2020-03-18
  The court held that Blue Cross Blue Shield of South Carolina and Companion Benefit Alternatives, Inc. are not proper defendants in this ERISA action because they do not possess the full and final discretionary authority to administer the plan; Nelson Mullins Riley & Scarborough,
• Appellant v. NEW Castle Cnty. Off. of Fin.
  Del. Super. Ct.· 2020-01-30
  The Court affirmed in part and remanded in part, finding that while the Board did not act arbitrarily or capriciously in rejecting the appellant's arguments regarding estimated actual rent, FOIA violations, and due process violations, it erred by failing to consider the impact of
• Negron v. Nielsen
  S.D. Fla.· 2019-11-26
  The court granted the defendants' motion to dismiss or for summary judgment, finding that the USCIS denial of the visa petition was not arbitrary, capricious, or contrary to law.
• Diamond Miami Corp. v. United States Citizenship & Immigr. Servs.
  S.D. Fla.· 2019-10-08
  The court held that USCIS's denial of the I-140 petition based on the non-disclosure of a familial relationship was not arbitrary or capricious, but its finding of fraud or willful misrepresentation based on employment history inconsistencies was arbitrary and capricious.
• Faisal & a, LLC v. United States
  S.D. Fla.· 2019-09-25
  The court held that the plaintiffs failed to meet their burden to prove that the SNAP violations did not occur or that the sanction imposed was arbitrary and capricious, thus denying their motion for a preliminary injunction.
• United States v. Schwarzbaum
  S.D. Fla.· 2019-09-20
  The court held that testimony from IRS employees regarding their administrative analysis of willfulness is irrelevant to a de novo review, but may be relevant to penalty computations and claims of arbitrary agency action. Lay opinion testimony from a CPA is relevant regarding gen
• Fla. Retail Fed'n, Inc. v. The City of Coral Gables
  Fla. 3d DCA· 2019-08-14
  The appellate court reversed a lower court's decision that found three state statutes unconstitutional and a city ordinance valid. The court held that the state statutes were constitutional and expressly preempted the city's ordinance banning polystyrene containers.
• SOSS2, Inc. v. United States Army Corps of Eng'rs
  M.D. Fla.· 2019-08-09
  The court held that the plaintiff failed to demonstrate a need to supplement the administrative record with extra-record evidence regarding red tide and that the intervenor failed to establish a legally protectable interest for intervention as a matter of right.
• Antietam Wireless Servs., LLC
  Del. Super. Ct.· 2019-06-27
  The New Castle County Board of Adjustment's decision denying a special use permit for a cell tower is reversed because the denial was based on generalized aesthetic concerns and community opposition without substantial evidence of adverse impact on the use or enjoyment of adjacen
• Dep't of Health & The Pub. Health Tr. of Miami-Dade Cnty. v. Shands Jacksonville Med. Ctr., Inc.
  Fla. 1st DCA· 2018-11-13
  The Department of Health's proposed rules interpreting "need" for trauma center allocation as a minimum rather than a maximum are a valid exercise of delegated legislative authority because the term "need" is ambiguous and the Department's interpretation is reasonable and entitle
• Kremps v. Manatee Cnty. Bd. of Cnty. Comm'rs
  233 So. 3d 526· Fla. 2d DCA· 2018-01-05
  A county administrator's decision to uphold an employee's termination following a hearing officer's recommendation is an executive decision not subject to certiorari review.
• Miller v. PNC Fin. Servs. Grp., Inc.
  5 La. 75· S.D. Fla.· 2017-10-02
  The court held that the claims administrator's decision to terminate long-term disability benefits was wrong because it relied on flawed evidence and failed to adequately consider contrary medical opinions.
• TD Rehoboth LLC v. Sussex Cnty. Council
  Del. Ch.· 2017-07-12
  The Court granted summary judgment for the plaintiffs, finding that two members of the Sussex County Council cast votes on a rezoning application that were either inadequately supported by the record or arbitrary and capricious. Consequently, the rezoning application must be re-s
• Frame v. Hartford Life & Accident Ins. Co.
  M.D. Fla.· 2017-06-27
  The court held that the insurer had a reasonable basis to rely on the intoxication exclusion, and therefore its denial of benefits was not arbitrary and capricious.
• Vill. OF Palmetto BAY v. Alexander Sch., Inc.
  223 So. 3d 1037· Fla. 3d DCA· 2017-03-15
  The court held that Section 10.1 of the Village Charter is not unconstitutional as it is neither arbitrary nor ambiguous, and the school failed to meet the high burden of proof required to demonstrate its unconstitutionality.
• Doe v. Lynn Univ., Inc.
  S.D. Fla.· 2017-01-19
  The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
• CDX Holdings, Inc.
  Del.· 2016-06-06
  The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that Caris breached its Stock Incentive Plan by failing to properly determine the Fair Market Value (FMV) of stock options and adjust them for a spin-off transaction. The Court found that the Board of D
• Street v. Aetna Life Ins. Co.
  M.D. Fla.· 2016-05-23
  The court granted summary judgment for the defendants, finding that the denial of long-term disability benefits was not wrong under a de novo standard of review.
• FOX
  Del. Ch.· 2015-07-28
  The Delaware Court of Chancery held that Caris Life Sciences, Inc. breached its Stock Incentive Plan by failing to have its Board of Directors determine the fair market value of the company's stock and adjust stock options to account for a spinoff transaction. The court found tha
• In & for New Castle Cnty. Genesis Healthcare v. C.A. No. N13A-11-007 MJB Del. Health Res. Bd.
  Del. Super. Ct.· 2015-03-31
  The Delaware Supreme Court affirmed the Superior Court's decision, upholding the Delaware Health Resources Board's approval of a new skilled nursing facility. The Court found that the Board did not misinterpret or misapply the statutory or regulatory guidelines and that its decis
• Jones v. Fed. Express Corp.
  1992 WL 162346· M.D. Fla.· 2013-11-14
  The court held that the denial of long-term disability benefits was not wrong and affirmed the administrator's decision, but granted summary judgment for the plaintiff on the counterclaim for overpayment because the funds were dissipated and equitable relief was unavailable.
• K.G. ex rel. Garrido v. Dudek
  1992 WL 78053· S.D. Fla.· 2013-11-05
  The court held that Florida's exclusion of Applied Behavioral Analysis (ABA) for Medicaid-eligible minors with autism or Autism Spectrum Disorder violates the federal Medicaid Act's Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) mandate, and that the agency's det
• Martinez v. Miami-Dade Cnty.
  15 Employee Benefits Cas. (BNA) 2218· S.D. Fla.· 2013-09-30
  The court held that Miami-Dade County adequately pleaded claims for contribution and indemnification, but dismissed the bad faith claim as Florida does not recognize such a cause of action.
• Deutsche Bank Nat'l Tr. Co. v. Foxx
  832 F. Supp. 2d 1138· M.D. Fla.· 2013-09-19
  The court held that most of the defendant's counterclaims and third-party claims were properly dismissed for failure to state a claim or due to res judicata and statute of limitations.
• Apotex, Inc. v. UCB, Inc.
  831 F. Supp. 2d 1109· S.D. Fla.· 2013-09-09
  The court held that the patent was invalid and unenforceable due to misrepresentations made during prosecution and that the defendant did not infringe the patent.
• Wi-Lan Inc. v. HTC Corp.
  804 F. Supp. 2d 1171· M.D. Fla.· 2013-06-17
• Fed. Commc'ns Comm'n v. CBS Corp.
  567 U.S. 953· U.S.· 2012-06-29
• Gjondrekaj v. Napolitano
  801 F. Supp. 2d 1344· M.D. Fla.· 2011-08-02
  The court held that the agency's denial of EAD applications was not arbitrary or capricious, and thus granted the motion to dismiss.
• Walker-Hall v. Am. Int'l Life
  788 F. Supp. 2d 1355· M.D. Fla.· 2011-04-26
  The court held that the administrator's decision to deny continuing long-term disability benefits was not de novo wrong, and therefore affirmed the denial.
• Westchester Gen. Hosp., Inc. v. Dep't of Health & Human Servs.
  770 F. Supp. 2d 1286· S.D. Fla.· 2011-03-18
  The court held that the Department of Health and Human Services' denial of a request to depose an employee was not arbitrary and capricious, as the request failed to meet the requirements of the agency's Touhy regulations.
• Nebesny-Fender v. Am. Airlines, Inc.
  818 F. Supp. 2d 1319· S.D. Fla.· 2011-01-11
  The court held that the administrator's decision denying re-enrollment was wrong under a de novo standard because the employer failed to provide adequate notice of plan modifications.
• Raymond v. Life Ins. Co. of N. Am.
  732 F. Supp. 2d 347· S.D. Fla.· 2010-10-20
  The court held that the accidental death benefits were properly denied because the decedent's death resulted from the medical treatment of a sickness (insomnia), which was excluded under the policy terms.
• Vero Tech. Support, Inc. v. U.S. Dep't of Def.
  733 F. Supp. 2d 1336· S.D. Fla.· 2010-08-18
  The district court lacks subject matter jurisdiction over the plaintiff's challenge to the defendant's insourcing decision, as exclusive jurisdiction lies with the U.S. Court of Federal Claims.
• Citizens for Smart Growth v. Peters
  716 F. Supp. 2d 1215· S.D. Fla.· 2010-05-03
  The court held that the Federal Highway Administration and Florida Department of Transportation did not violate NEPA or the APA in approving the Indian Street Bridge Project, finding their environmental review and decision-making processes were not arbitrary or capricious.
• Hunley v. Hartford Life & Accident Ins. Co.
  712 F. Supp. 2d 1271· M.D. Fla.· 2010-04-26
  Deborah Hunley sought long-term disability (LTD) benefits under an ERISA employee benefit plan administered by Hartford Life and Accident Insurance Company, claiming she was disabled due to lumbar degenerative disc disease and osteoarthritis. Hartford denied her benefits after Ap
• Doctors Pathology Servs. P.A.
  Del. Ch.· 2009-11-20
  The Court granted the defendant agency's motion to dismiss. Claims related to a prior, terminated Request for Proposal (RFP) were dismissed as moot. The court found that the agency's procurement process for professional services, including its decision to bundle anatomical and cl
• Nova Se. Univ. OF the Health Scis., Inc. v. Sharick
  21 So. 3d 41· Fla. 3d DCA· 2009-08-26
  Nova Southeastern University appeals the denial of its motions for directed verdict and new trial, and challenges awards of prejudgment interest and costs in a case involving the wrongful dismissal of a student two months before graduation. The court affirms the jury's finding of
• Fisher v. Salazar
  656 F. Supp. 2d 1357· N.D. Fla.· 2009-08-04
  The court held that the plaintiffs lacked standing to challenge the critical habitat designation for the Perdido Key beach mouse and, even if they had standing, they failed to demonstrate that the FWS's designation was arbitrary and capricious.
• Lelu v. Hartford Life & Accident Ins.
  626 F. Supp. 2d 1229· M.D. Fla.· 2009-05-19
  The court held that discovery from a non-party employee regarding short-term benefits is not permitted when the employee had no involvement in the long-term disability claim decision and the plaintiff failed to show the administrator was aware of information it should have consid
• Hert v. Prudential Ins. Co. of Am.
  650 F. Supp. 2d 1180· M.D. Fla.· 2009-04-28
  The court held that the plan administrator's decision to terminate long-term disability benefits was not arbitrary and capricious, as the aggregate evidence did not support a rational determination that the administrator acted wrongly.
• Sierra Club v. Van Antwerp
  709 F. Supp. 2d 1254· S.D. Fla.· 2009-01-30
  The Corps' determination that limestone mining in wetlands was water-dependent and that no practicable alternatives existed was arbitrary and capricious, violating the Clean Water Act and NEPA.
• Scippio v. Fla. Combined Life Ins.
  585 F. Supp. 2d 1317· N.D. Fla.· 2008-11-06
  The court granted Scippio's motion for summary judgment and denied FCL's, finding that FCL's denial of long-term disability benefits was wrongful.
• Miller v. Prudential Ins. Co. of Am.
  625 F. Supp. 2d 1256· S.D. Fla.· 2008-10-09
  The court held that Prudential did not abuse its discretion in terminating long-term disability benefits under the 24-month mental illness limitation because the claimant failed to provide substantial objective evidence that her depression was entirely organically based or that h
• Miller v. Liberty Life Assur. Co. of Boston
  622 F. Supp. 2d 1284· M.D. Fla.· 2008-10-08
  The court held that Liberty Life's decisions to treat the plaintiff's injuries as separate and to terminate his LTD benefits were not demonstrably wrong and were reasonable under the arbitrary and capricious standard of review.
• Danvir Corp.
  Del. Ch.· 2008-10-06
  The court held that the City of Wilmington's bidding process for a towing and impounding contract was lawful and not arbitrary or capricious. The court found that the City acted within its discretion by excluding the Standby Charge from the bid evaluation because it was immateria
• Dunn v. Cox
  560 F. Supp. 2d 1247· M.D. Fla.· 2008-06-06
  The court held that the unsigned beneficiary designation form was invalid because it lacked the required signature, and the doctrine of substantial compliance did not apply.