Arbitrary and Capricious

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

• THE Fla. BAR re Victor D. Ines
  718 So. 2d 779· Fla.· 1998-09-17
  Victor Ines, a Florida attorney, challenged his denial of board certification in marital and family law after failing the certification examination twice. The Florida Supreme Court upheld the Board of Governors' decision, rejecting his arguments that the examination process was a
• The Fla. Bar re John O. Williams
  718 So. 2d 773· Fla.· 1998-09-17
  John O. Williams challenged the Florida Bar's denial of his certification as a Board Certified Real Estate Lawyer after he failed the 1996 certification examination with a score of 65.08, below the passing score of 69.29. The Florida Supreme Court affirmed the Board of Governors'
• Baker v. United States
  31 F. Supp. 2d 985· S.D. Fla.· 1998-09-09
  The court held that the Department of Labor's decision to prohibit an OSHA inspector from testifying was not arbitrary, capricious, or an abuse of discretion, as the plaintiff's need for the testimony did not outweigh the public policy concerns against it.
• McGrail & Rowley v. Babbitt
  986 F. Supp. 1386· S.D. Fla.· 1997-12-09
  The court held that the FWS's denial of MRI's permit application was not arbitrary or capricious, and that the FWS acted within its authority in regulating commercial use of refuge lands. The court also found that the FWS's actions regarding Pontin's notice of violation were not
• Rodriguez v. United States
  983 F. Supp. 1445· S.D. Fla.· 1997-09-17
  The court found that federal statutes regulating alien eligibility for benefits are subject to rational basis review, not strict scrutiny, due to Congress's plenary power over immigration.
• Lovermi v. Bellsouth Mobility, Inc.
  882 F. Supp. 1386· S.D. Fla.· 1997-04-18
  The court held that the plaintiff failed to state a prima facie case for sex discrimination under Title VII for both her transfer and nonapplication claims, warranting dismissal.
• Hunter ex rel. Estate of Hunter v. United States
  881 F. Supp. 1229· M.D. Fla.· 1997-04-03
• Fla. Coll. of Bus. v. Accrediting Council for Indep. Colleges & Schs.
  954 F. Supp. 256· S.D. Fla.· 1996-12-23
  The court granted a preliminary injunction, remanding the case to the accrediting agency for further findings because the agency's decision to withdraw accreditation was not supported by substantial evidence.
• Associated Home Health Indus. of Fla., Inc. v. Agency for Health Care Admin.
  677 So. 2d 60· Fla. 1st DCA· 1996-07-12
  Florida appellate court affirmed that a home health services rule properly implements the statutory definition limiting regulated home health services to those provided by licensed agency personnel or under agency arrangement, rejecting the challenger's argument that plain statut
• Merritt v. Dep't of Bus. & Prof'l Reg.
  654 So. 2d 1051· Fla. 1st DCA· 1995-05-22
  A Florida chiropractor challenged an administrative rule defining criteria for peer review of chiropractic services. The court held that the rule was an invalid exercise of delegated legislative authority because it failed to elaborate statutory standards and instead vested unbri
• Sarasota Mem'l Hosp. v. Shalala
  741 F. Supp. 1019· M.D. Fla.· 1994-03-25
  The court held that the Secretary's classification of employer-paid employee FICA as a fringe benefit, and subsequent exclusion from wage index calculations, was a reasonable interpretation of existing regulations and not arbitrary or capricious.
• Torres v. State
  627 So. 2d 120· Fla. 1st DCA· 1993-12-03
  Court affirmed probation revocation but remanded for credit for pre-violation prison time on one count, and rejected constitutional challenges to habitual felony offender sentencing statute.
• Pac. GAS Transmission Co. v. Fed. Energy Regulatory Comm'n
  998 F.2d 1303· 5th Cir.· 1993-08-26
  The court held that the Federal Energy Regulatory Commission (FERC) did not act arbitrarily or capriciously in amending pipeline companies' optional certificates to increase initial rates before service commenced, nor did it abuse its discretion in denying rehearing.
• Ordower v. Off. OF Thrift Supervision
  999 F.2d 1183· 7th Cir.· 1993-07-27
  The court held that while courts of appeals have exclusive jurisdiction to review the substance of an administrative agency's approval of a conversion, district courts retain jurisdiction to review the accuracy of proxy materials used to solicit depositor approval.
• GAS Appliance Mfrs. Ass'n, Inc. v. Dep't of Energy
  998 F.2d 1041· D.C. Cir.· 1993-07-27
  The court held that the Department of Energy's standby loss rules for water heaters were not in accord with statutory authority and were arbitrary and capricious because DOE failed to perform adequate cost-benefit analysis and justify its methodologies.
• JAY v. Sec'y OF the Dep't OF Health & Human Servs.
  998 F.2d 979· Fed. Cir.· 1993-07-13
  The court held that the special master erred in granting summary judgment for HHS and denying it for the petitioners, as the undisputed evidence established an encephalopathy and vaccine causation as a matter of law.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  998 F.2d 120· 2d Cir.· 1993-07-13
  The court upholds sanctions against a union negotiator based on a finding of collaboration with organized crime, despite the initial charge being mere association.
• Lewis v. Babbitt
  998 F.2d 880· 10th Cir.· 1993-07-12
  The court held that the National Park Service's decision to award the firewood concession permit to Firebox Inc. was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• Laclede GAS Co. v. Fed. Energy Regulatory Comm'n
  997 F.2d 936· D.C. Cir.· 1993-07-09
  The court should reject FERC's interpretation of its own regulation (Rule 602(h)) regarding contested settlements as it is plainly erroneous and inconsistent with the rule's language.
• Portland Audubon Soc'y v. Babbitt
  998 F.2d 705· 9th Cir.· 1993-07-08
  The court held that the district court did not err in granting summary judgment and an injunction for environmental groups, finding the BLM's decision not to supplement its Timber Management Plans' Environmental Impact Statements was arbitrary and capricious and violated NEPA.
• NoDAK Bancorporation v. Clarke
  998 F.2d 1416· 8th Cir.· 1993-07-07
  The court held that the acquiring bank could treat minority shareholders differently than majority shareholders in a merger.
• Nat'l Parks & Conservation Ass'n v. Fed. Aviation Admin.
  998 F.2d 1523· 10th Cir.· 1993-07-07
  The court held that the BLM failed to provide adequate notice for a land plan amendment and that the FAA's determination of no significant noise impact on recreational users was arbitrary and capricious.
• Guillen-Garcia v. Immigr. & Naturalization Serv.
  999 F.2d 199· 7th Cir.· 1993-07-02
  The court held that the Board of Immigration Appeals (BIA) abused its discretion by relying exclusively on the petitioner's failure to admit guilt to determine rehabilitation, and remanded the case for reconsideration.
• Kendall v. Army Bd. for Corr. of Mil. Records
  996 F.2d 362· D.C. Cir.· 1993-06-25
  The majority improperly affirmed the Army Board for Correction of Military Records' (ABCMR) decision to deny Mr. Kendall's application as untimely without adequate reasoned explanation.
• Brumm v. Plan
  995 F.2d 1433· 8th Cir.· 1993-06-16
  The court held that the Plan's interpretation of 'a football injury' as requiring a single, identifiable injury was unreasonable and arbitrary, leading to an improper denial of Level 1 benefits.
• Wilkins v. Secretary OF the Interior
  995 F.2d 850· 8th Cir.· 1993-06-15
  The court held that the district court erred by substituting its judgment for the agency's and by making independent findings of fact, rather than reviewing the agency's decision under the arbitrary and capricious standard based on the administrative record.
• Miss. Poultry Ass'n, Inc. v. Madigan
  992 F.2d 1359· 5th Cir.· 1993-05-28
  The court held that the plain language of the Poultry Products Inspection Act requires imported poultry to meet the same inspection standards as domestic poultry, and the agency's interpretation of 'at least equal to' was not entitled to deference.
• Wilson v. United States Dep't OF Agric.
  991 F.2d 1211· 5th Cir.· 1993-05-27
  The court held that summary judgment for the FCIC was inappropriate due to genuine issues of material fact regarding notice requirements, but affirmed the dismissal of claims against the ASCS as their decision was not arbitrary or capricious.
• Mueller v. United States Env't Prot. Agency
  993 F.2d 1354· 8th Cir.· 1993-05-25
  The court held that the EPA's issuance of a hazardous waste incinerator permit was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• Perry v. Dep't OF the Army
  992 F.2d 1575· Fed. Cir.· 1993-05-11
  The court held that the Army failed to demonstrate that its supervisor genuinely considered and evaluated Perry's qualifications for the promotion, thus violating the settlement agreement.
• TEX TIN Corp. v. U.S. Env't Prot. Agency
  992 F.2d 353· D.C. Cir.· 1993-05-11
  The court held that the Environmental Protection Agency failed to provide adequate justification for listing Tex Tin's facility on the National Priorities List, specifically regarding the likelihood of arsenic-laden dust emissions from tin slag.
• M.M. Winter v. Interstate Commerce Comm'n
  992 F.2d 824· 8th Cir.· 1993-05-07
  The court held that the ICC is not required to review each section of the Rail Transport Policy to decide whether to grant or revoke an exemption, and that the ICC's findings regarding employee protective conditions were supported by substantial evidence.
• Sierra Club v. U.S. Env't Prot. Agency
  992 F.2d 337· D.C. Cir.· 1993-05-07
  The court should have ordered the EPA to apply the same numeric limits to co-disposed sludge as to monofilled sludge, as EPA provided no evidence that garbage reduces sludge pollution.
• Mapco Int'l Inc. v. Fed. Energy Regulatory Comm'n
  993 F.2d 235· Temp. Emer. Ct. App.· 1993-04-29
  The court held that the Department of Energy's 'layering rule' was procedurally valid and that its interpretation of the rule was reasonable and supported by substantial evidence, affirming the agency's Remedial Order.
• Nursing Ctr. OF Buckingham & Hampden, Inc. v. Shalala
  990 F.2d 645· D.C. Cir.· 1993-04-23
  The court held that the Secretary reasonably applied her guidelines in determining that the Agreement of Merger was not an "enforceable agreement" by the DEFRA cut-off date due to significant unfulfilled contingencies.
• Virgin Islands Tel. Corp. v. Fed. Commc'ns Comm'n & United States
  989 F.2d 1231· D.C. Cir.· 1993-04-16
  The court should have upheld the Commission's order requiring Vitelco to refund overcharges collected under interim rate increases.
• Christianson v. Hauptman
  991 F.2d 59· 2d Cir.· 1993-04-14
  The court held that the National Park Service's decision to rescind the seaplane exemption for Robbins Rest was not arbitrary and capricious, and that judicial review was available.
• Consumer Fed'n OF Am. & United States Pub. Interest Research Grp. v. Consumer Prod. Safety Comm'n
  990 F.2d 1298· D.C. Cir.· 1993-04-09
  The court's opinion included dicta on a peripheral issue not properly before it, potentially misinterpreting cost-benefit analysis requirements.
• Anderson v. Operative Plasterers' & Cement Masons' Int'l Ass'n Local NO. 12 Pension & Welf. Plans
  991 F.2d 356· 7th Cir.· 1993-04-06
  The court held that the Pension Fund trustees had discretionary authority to determine disability benefits and that their denial of benefits was not unreasonable or arbitrary and capricious.
• S. Miami Hosp., Inc. v. Dep't of Health & Rehabilitative Servs.
  623 So. 2d 510· Fla. 3d DCA· 1993-04-06
  South Miami Hospital appealed the Department of Health and Rehabilitative Services' denial of a Medicaid reimbursement claim based on an omitted Medicaid number. The court held that the hospital's claim was "clean" under Florida Administrative Code because the Medicaid number was
• Ill. Bell Tel. Co. v. Fed. Commc'ns Comm'n & United States
  988 F.2d 1254· D.C. Cir.· 1993-04-02
  The court held that the FCC's methodology for determining the rate of return for interstate telephone services, using a classic Discounted Cash Flow (DCF) model applied to an original cost rate base, was not arbitrary, capricious, or confiscatory.
• Conservation LAW Found. OF NEW England, Inc. v. Franklin
  989 F.2d 54· 1st Cir.· 1993-03-30
  The court held that the consent decree was validly entered because the appellants failed to show a demonstrable injury, the decree was within the scope of the original complaint and the court's jurisdiction, and the Secretary acted within her statutory discretion.
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  988 F.2d 1229· D.C. Cir.· 1993-03-26
  The court held that ANR Pipeline Co. failed to file a timely petition for rehearing of FERC Order No. 500-1, which sufficiently clarified the issue of take-or-pay credit application, thus barring judicial review of subsequent orders.
• Friends OF THE Payette v. Horseshoe Bend Hydroelectric Co.
  988 F.2d 989· 9th Cir.· 1993-03-19
  The court held that the Army Corps of Engineers' decision not to prepare an Environmental Impact Statement was not arbitrary and capricious, and affirmed the district court's dismissal of the action, reversing only on the issue of mootness regarding canal wetlands jurisdiction.
• Dodson v. United States Gov't
  988 F.2d 1199· Fed. Cir.· 1993-03-19
  The court held that the Army Board for Correction of Military Records erred in failing to correct clear legal errors and procedural violations that occurred during the process of barring the soldier from reenlistment and discharging him.
• Atlanta Coll. OF Med. & Dental Careers, Inc. v. Riley
  987 F.2d 821· D.C. Cir.· 1993-03-12
  The court affirmed the district court's judgment because the Department of Education's interpretation of the Higher Education Act was not unambiguously expressed and was inconsistent with prior agency practice.
• Rodriguez-Abreu v. The Chase Manhattan Bank, N.A.
  986 F.2d 580· 1st Cir.· 1993-02-25
  The court held that the plaintiff voluntarily and knowingly waived his right to long-term disability benefits by participating in the Voluntary Separation Plan, and that the district court did not abuse its discretion in denying penalties for delayed provision of plan documents.
• Moore v. Harris Corp.
  813 F. Supp. 1556· M.D. Fla.· 1993-02-23
  The court held that the plaintiff was totally disabled and entitled to long-term disability benefits from the date of termination until the date of final judgment, as the defendant's decision to terminate benefits was not supported by competent substantial evidence.
• Cmty. Hosp. v. Sullivan
  986 F.2d 357· 10th Cir.· 1993-02-16
  The court held that the district court erred in relying on a prior decision and that under the current statutory and regulatory scheme, Community Hospital does not qualify for Sole Community Hospital (SCH) status because it is located within 35 miles of another short-term, acute
• Weyburn Broad. Ltd. P'ship v. Fed. Commc'ns Comm'n
  984 F.2d 1220· D.C. Cir.· 1993-02-12
  The court held that the FCC erred in granting summary judgment without a hearing on financial qualification issues, as substantial and material questions of fact remained.