Arbitrary and Capricious

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

• Am. Dental Ass'n & Home Health Servs. & Staffing Ass'n v. Martin
  984 F.2d 823· 7th Cir.· 1993-01-28
  The court held that OSHA failed to establish a significant risk of harm to employees in the dental, home health care, and temporary medical services fields, and thus, the bloodborne pathogens standard was improperly applied to these industries.
• Dorsey v. Hous. Auth. OF Baltimore City
  984 F.2d 622· 4th Cir.· 1993-01-26
  The court held that public housing tenants have enforceable rights to challenge procedural violations of HUD utility allowance regulations under the Brooke Amendment, and that genuine issues of fact existed regarding the reasonableness of HABC's allowances.
• Valley Constr. Co. v. Marsh
  984 F.2d 133· 5th Cir.· 1993-01-14
  The court held that the Corps of Engineers' interpretation of the regulation requiring an impact analysis for 8(a) contract designations was reasonable, and thus summary judgment for the Corps was appropriate.
• Whitworth Bros. Storage Co. v. Central States
  982 F.2d 1006· 6th Cir.· 1993-01-11
  The court held that the one-year refund limitation policy for post-ERISA contributions was arbitrary and capricious, and thus reversed the grant of summary judgment on that issue. The court affirmed the denial of the pre-ERISA claim.
• Williams v. Rice
  983 F.2d 177· 10th Cir.· 1993-01-04
  The court held that summary judgment for the employer was proper because the plaintiff failed to exhaust administrative remedies for his discrimination claim and did not establish a prima facie case of retaliation.
• Brush v. Off. OF Pers. Mgmt.
  982 F.2d 1554· Fed. Cir.· 1992-12-31
  The court held that the Merit Systems Protection Board's denial of former spouse survivor annuity benefits was arbitrary and capricious because the Office of Personnel Management failed to provide the statutorily mandated notice of election rights to the annuitant, and this failu
• Fla. Marine Fisheries Comm'n v. Organized Fishermen OF Florida
  610 So. 2d 92· Fla. 1st DCA· 1992-12-15
  The court affirmed the invalidation of three proposed fisheries rules as arbitrary and capricious, but reversed the hearing officer's finding that a fourth rule was valid because it relied on the same flawed data.
• S.J. Amoroso Constr. Co., Inc. v. United States
  981 F.2d 1073· 9th Cir.· 1992-12-15
  The court held that the Federal Acquisition Regulation (FAR) 52.203-8, requiring submission of a Certificate of Procurement Integrity (CPI) with a sealed bid, is a permissible interpretation of 41 U.S.C. § 423(e) and not arbitrary and capricious.
• Flagstaff Broad. Found. v. Fed. Commc'ns Comm'n
  979 F.2d 1566· D.C. Cir.· 1992-12-04
  The FCC must provide a reasoned basis for applying its 'integration' policy when challenged, especially in light of regulatory changes and specific applicant proposals that may further the policy's goals.
• Enron OIL & GAS Co. & Belco Petroleum Corp. v. Lujan
  978 F.2d 212· 5th Cir.· 1992-11-30
  The court held that the Department of Interior's long-standing method of including state severance tax reimbursements in the calculation of "gross proceeds" for royalty purposes is a permissible interpretation of the Mineral Leasing Act and the Natural Gas Policy Act.
• Ass'n OF Am. Railroads v. Interstate Commerce Comm'n & United States
  978 F.2d 737· D.C. Cir.· 1992-11-13
  The court held that the ICC's adoption of acquisition cost valuation for railroad revenue adequacy determinations was rational and lawful, not arbitrary or capricious.
• Moats v. The United Mine Workers of Am. Health & Ret. Funds
  981 F.2d 685· 3d Cir.· 1992-11-12
  The Trustees' denial of a disability pension was not arbitrary and capricious because the beneficiary's car accident in the employer's parking lot was not a 'mine accident' as defined by the plan and its guidelines.
• Fed. Deposit Ins. Corp. v. Fed. Labor Relations Auth.
  977 F.2d 1493· D.C. Cir.· 1992-11-06
  The court held that the Federal Labor Relations Authority (FLRA) was justified in finding the FDIC guilty of refusing to bargain and acted within its discretion in issuing a status quo ante remedy.
• Babakitis v. Off. OF Pers. Mgmt.
  978 F.2d 693· Fed. Cir.· 1992-10-28
  The court held that the petitioner's civil service retirement annuity properly included his initial military service credit because his military disability pension was not based on that period of service, thus no overpayment occurred.
• Falcon v. Knowles
  807 F. Supp. 1531· S.D. Fla.· 1992-10-22
  The court held that it lacks jurisdiction to order the transfer of federal prisoners, as prisoner placement is within the sound discretion of the Attorney General.
• Jepson v. U.S. Dep't OF Health & Human Servs.
  977 F.2d 911· 4th Cir.· 1992-10-21
  The court held that the Secretary's 'pooled fund method' for determining income availability for family support is arbitrary and capricious when applied to families with multiple dependents.
• Blackburn v. Martin
  982 F.2d 125· 4th Cir.· 1992-10-15
  The court held that substantial evidence supported the Secretary's decisions regarding back pay and overtime, but not the denial of compensatory damages, remanding for a determination of appropriate damages.
• Audubon Soc'y OF Cent. Ark. v. Dailey
  977 F.2d 428· 8th Cir.· 1992-10-13
  The court held that the Army Corps of Engineers acted arbitrarily and capriciously in determining that the proposed road extension would not significantly affect the human environment, thus requiring an Environmental Impact Statement (EIS).
• Haley v. Dep't OF the Treas.
  977 F.2d 553· Fed. Cir.· 1992-10-13
  The court held that the Administrative Judge's decision dismissing the petitioner's claim for corrective action and finding lack of jurisdiction was supported by substantial evidence and not arbitrary or capricious.
• Fisher v. Combustion Eng'g, Inc.
  976 F.2d 293· 6th Cir.· 1992-09-29
  The court held that the district court lacked subject matter jurisdiction over the plaintiff's claims because they were not preempted by ERISA due to a pre-ERISA act or omission, and diversity jurisdiction was also absent.
• Morgan v. Indep. Drivers Ass'n Pension Plan
  975 F.2d 1467· 10th Cir.· 1992-09-22
  The court held that the trustees did not breach their fiduciary duties by terminating the plan, as they acted prudently and in good faith after seeking expert advice, and that a remand for clarification or attorneys' fees was not necessary as the plaintiffs did not prevail.
• Rocky Mountain Helicopters, Inc. v. Fed. Aviation Admin.
  975 F.2d 736· 10th Cir.· 1992-09-18
  The court held that the FAA acted arbitrarily and capriciously in denying Rocky Mountain's petition for an exemption.
• Mahoney v. Bd. OF Trs.
  973 F.2d 968· 1st Cir.· 1992-08-18
  The court held that the trustees' decision to provide larger pension increases to currently working longshoremen than to already-retired longshoremen was not arbitrary or capricious and thus did not violate ERISA's fiduciary duties.
• Caylos Johnson v. Eaton Corp.
  970 F.2d 1569· 6th Cir.· 1992-08-03
  The court held that the pension plan administrator's interpretation of the offset provision was reasonable and not arbitrary and capricious, allowing the employer to offset disability pension benefits by the full amount of workers' compensation benefits.
• Edison Elec. Inst. v. Interstate Commerce Comm'n
  969 F.2d 1221· D.C. Cir.· 1992-07-24
  The court held that the Interstate Commerce Commission acted within its statutory authority and reasonably in including a productivity adjustment in the Rail Cost Adjustment Factor and in making that adjustment prospective only.
• Guerrero v. Michael P.W. Stone
  970 F.2d 626· 9th Cir.· 1992-07-16
  The court held that the Army Board for Correction of Military Records acted arbitrarily and capriciously in denying Guerrero's application to correct his military records, and that the district court erred in affirming the Board's decision.
• Friends OF THE Ompompanoosuc v. Fed. Energy Regulatory Comm'n
  968 F.2d 1549· 2d Cir.· 1992-07-08
  The court affirmed FERC's decision to grant a hydroelectric license, finding that FERC adequately considered relevant factors under the Federal Power Act and NEPA, and that its factual findings were supported by substantial evidence.
• Lt.Col. Charles F. Wood v. United States & Major Gen. James A. Ryan
  968 F.2d 738· 8th Cir.· 1992-07-06
  The court held that the appellant's claims regarding military personnel decisions are nonjusticiable under the Feres doctrine and related precedents, even for National Guard technicians.
• Cnty. OF LOS Angeles v. Louis W. Sullivan, M.D.
  969 F.2d 735· 9th Cir.· 1992-06-29
  The court held that the 100% limitation on Method B reimbursement contravened statutory requirements to pay reasonable costs and prohibited shifting costs to non-Medicare patients, and also violated regulations requiring accommodation of hospitals' accounting capabilities.
• Monsanto Co. v. Fed. Energy Regulatory Comm'n
  963 F.2d 827· 5th Cir.· 1992-06-26
  The court held that the Federal Energy Regulatory Commission (FERC) had the authority to retain the filing fee because its decision to impose one-year limitations on certificates, after providing a reasoned explanation, was not arbitrary or capricious.
• Bd. OF Trs. OF Knox Cnty. (Indiana) Hosp. v. Sullivan
  965 F.2d 558· 7th Cir.· 1992-06-25
  The court held that the Secretary's regulation defining rural referral centers was consistent with the Medicare statute and not arbitrary or capricious, thus affirming the denial of the hospital's requested reimbursement adjustment.
• Ardell Arfsten v. Frontier Airlines
  967 F.2d 438· 10th Cir.· 1992-06-22
  The court held that the Pension Board's denial of disability retirement benefits was not arbitrary and capricious, reversing the district court's grant of summary judgment for the plaintiff.
• Fed. Election Comm'n v. Nat'l Republican Senatorial Comm.
  966 F.2d 1471· D.C. Cir.· 1992-06-12
  The court held that the National Republican Senatorial Committee's (NRSC) fundraising activities did not constitute 'direction or control' over contributions under 11 C.F.R. § 110.6(d)(2), and therefore the contributions did not count against both the individual donor's and the c
• Voyageurs Region Nat'l Park Ass'n v. Manual Lujan, Jr.
  966 F.2d 424· 8th Cir.· 1992-06-10
  The court held that the Park Service's decision to allow snowmobiling on the Kabetogama Peninsula was not arbitrary or capricious and did not violate the Wilderness Act, given the park's specific enabling legislation authorizing snowmobile use.
• Cheyenne-Arapaho Tribes OF Oklahoma v. The United States
  966 F.2d 583· 10th Cir.· 1992-06-05
  The court held that the Secretary breached his fiduciary duty by failing to consider relevant economic factors when approving communitization agreements, rendering them invalid and causing certain leases to expire.
• Suburban Med. Hosp., Inc. v. Dep't OF Health & Rehabilitative Servs.
  600 So. 2d 1195· Fla. 3d DCA· 1992-05-26
  The court held that the applicant's failure to demonstrate the financial feasibility of its proposed osteopathic hospital was fatal to its application for a Certificate of Need.
• Phillips Petroleum Co. v. Lujan
  963 F.2d 1380· 10th Cir.· 1992-05-13
  The court held that the MMS' notification of audit initiation was sufficient to extend record retention periods and that the Paperwork Reduction Act did not apply to audit-related information collection.
• Lincoln Gen. Hosp. v. Blue Cross/Blue Shield OF Nebraska
  963 F.2d 1136· 8th Cir.· 1992-05-12
  The court held that Blue Cross did not violate COBRA, fiduciary duties, or act arbitrarily and capriciously in administering the health plan, and affirmed the grant of summary judgment.
• Fallini v. Hodel
  963 F.2d 275· 9th Cir.· 1992-05-01
  The court held that wild horses should be considered 'wildlife' under the Taylor Grazing Act, as intended by Congress, despite potential hardship to permit holders.
• United States v. Louis Anthony Gary, M.D.
  963 F.2d 180· 8th Cir.· 1992-04-29
  The court held that the Secretary's denial of the physician's request to serve in St. Louis was an unreviewable agency action committed to discretion, and that defaulting physicians have no statutory right to credit for time served in private practice.
• Healy v. Indep. Sch. Dist. NO. 625
  962 F.2d 1304· 8th Cir.· 1992-04-28
  The court held that the school district's decision to terminate transportation benefits did not violate the parents' substantive due process, equal protection, or free exercise rights. The court affirmed the district court's grant of summary judgment.
• Mann v. Prudential Ins. Co. of Am.
  790 F. Supp. 1145· S.D. Fla.· 1992-04-23
  The court granted summary judgment for Prudential on both counts and for Stewart Benefit Trust on count I, finding the denials of benefits were not arbitrary or capricious and that no promise was made for promissory estoppel.
• Bldg. & Constr. Trades Dep't, AFL-CIO v. Martin
  961 F.2d 269· D.C. Cir.· 1992-04-21
  The court held that the appropriations rider did not permanently bar the Secretary of Labor from implementing helper regulations, and that the revised tests for 'prevailing' use and the conformance provision were valid. However, the 2:3 ratio of helpers to journeymen was found to
• Hiram B. Webb v. Lujan
  960 F.2d 89· 9th Cir.· 1992-03-30
  The court held that the Federal Land Policy and Management Act (FLPMA) § 314 recording requirements apply to placer mining claims made pursuant to 30 U.S.C. § 38, and that the appellant failed to comply with these requirements.
• FSK Drug Corp. v. Perales
  960 F.2d 6· 2d Cir.· 1992-03-19
  The court held that the denial of a Medicaid provider's re-enrollment application without a prior hearing does not violate the Equal Protection Clause, as it does not carry the same collateral consequences as a termination for cause. The court also affirmed that claims of arbitra
• Newport News Shipbuilding & DRY Dock Co. v. Gen. Dynamics Corp.
  960 F.2d 386· 4th Cir.· 1992-03-16
  The court held that the Navy's award of the Seawolf submarine contract to Electric Boat was lawful, as the Navy rationally considered industrial mobilization and complied with the solicitation's terms.
• Einar R. Petersen v. Dole
  956 F.2d 1219· D.C. Cir.· 1992-02-28
  The court held that the Secretary of Labor properly dismissed the complaint because the union member failed to exhaust internal remedies for the election of national union officers.
• Aquino v. Michael P.W. Stone
  957 F.2d 139· 4th Cir.· 1992-02-26
  The court held that criminal investigation records are exempt from the Privacy Act's amendment provisions when properly exempted by agency regulation, and that the Army's decision to title and refuse to amend the report was not arbitrary or capricious.
• Ctr. FOR Auto Safety v. The Fed. Hwy. Admin.
  956 F.2d 309· D.C. Cir.· 1992-02-19
  The court held that the FHWA's regulation allowing exemptions from the two-year bridge inspection rule without establishing a new maximum interval violates 23 U.S.C. § 151(b)(2), but the five-year rule for underwater inspections was not arbitrary and capricious.
• Hampton Tree Farms, Inc. v. Yeutter
  956 F.2d 869· 9th Cir.· 1992-02-14
  The court held that rights granted under an injunction that is later invalidated cannot be enforced, and a district court cannot rewrite agency policy to accommodate parties who failed to meet deadlines.