Arbitrary and Capricious

3,786 Florida cases classified under this topic, plus 448 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dino Bello v. Walker
  840 F.2d 1124· 3d Cir.· 1988-03-01 ·cited 42×
  Municipal officials' deliberate and arbitrary abuse of power to deny a building permit can violate substantive due process, but mere delays in issuing permits do not constitute an unconstitutional taking of property.
• State Farm Mut. Auto. Ins. Co. v. Dole
  802 F.2d 474· D.C. Cir.· 1986-09-18 ·cited 42×
  The court held that the challenge to the rescission provision of the passive restraint regulation is not ripe for review, but New York's challenge to the Secretary's decision on alternative standards is ripe and fails on the merits.
• Cardoza v. Commodity Futures Trading Comm'n & Bd. of Trade of the City of Chicago, Inc.
  768 F.2d 1542· 7th Cir.· 1985-07-23 ·cited 42×
  The court held that the notice of appeal, though defective, would be construed to appeal the entire judgment, and that CFTC decisions not to review exchange disciplinary actions are judicially reviewable under the arbitrary and capricious standard, but the CFTC's decision in this
• Airmark Corp. v. Fed. Aviation Admin.
  758 F.2d 685· D.C. Cir.· 1985-03-29 ·cited 42×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The FAA has the authority to grant exemptions from noise regulations, but its application of exemption criteria was arbitrary and capricious due to inconsistency. The court vacates the agency's actions and remands for consistent proceedings.
• Malhiot v. S. Cal. Retail Clerks Union & Drug Emp'r Pension & Tr. Fund
  735 F.2d 1133· 9th Cir.· 1984-06-19 ·cited 42×
  Attorneys are entitled to notice and an opportunity for a hearing before sanctions are imposed under 28 U.S.C. § 1927.
• Morse v. Stanley
  732 F.2d 1139· 2d Cir.· 1984-04-23 ·cited 42×
  The court held that the Trustees did not breach their fiduciary duties under ERISA by denying accelerated distributions to employees joining competitors, nor did they violate ERISA's disclosure requirements.
• Alamo Express, Inc. v. Interstate Commerce Comm'n & United States
  673 F.2d 852· 5th Cir.· 1982-04-22 ·cited 42×
  The court held that the ICC properly granted Yellow Freight System nationwide contract carrier authority, finding its decision lawful, rational, and supported by substantial evidence under the Motor Carrier Act of 1980.
• Nasser v. The City OF Homewood
  671 F.2d 432· 11th Cir.· 1982-03-22 ·cited 42×
  The court held that plaintiffs lacked standing under the Fair Housing Act and that the district court erred in abstaining on the arbitrary and capricious claim, remanding for further consideration.
• del Casal v. E. Airlines, Inc.
  634 F.2d 295· 5th Cir.· 1981-01-16 ·cited 42×·via Arbitrary And Capricious Action
  The court held that a union's refusal to provide a staff attorney to a non-member within the bargaining unit, when it provides such services to members, constitutes a breach of the duty of fair representation, and that the System Board's decision was not invalidated by the union'
• Nev. Airlines, Inc. v. Langhorne M. Bond
  622 F.2d 1017· 9th Cir.· 1980-07-08 ·cited 42×
  The court held that it has jurisdiction to review the Administrator's emergency determination to revoke an air carrier's operating certificate, but the district court correctly dismissed the action for injunctive relief due to exclusive appellate jurisdiction. The court denied th
• Dilley v. Alexander
  603 F.2d 914· D.C. Cir.· 1979-02-26 ·cited 42×
  The court held that the Army's violation of 10 U.S.C. § 266 was not rendered meaningless by subsequent 'relook boards' and that a new argument raised in a second petition for rehearing would not be considered.
• Pub. Sys. v. Fed. Energy Regulatory Comm'n
  606 F.2d 973· D.C. Cir.· 1979-02-16 ·cited 42×
  The court held that the Federal Power Commission (FPC) failed to provide a reasoned basis for its rule permitting comprehensive interperiod tax allocation (CITA) and improperly neglected anticompetitive consequences.
• Major Adolph H. Knehans, Jr. v. Alexander
  566 F.2d 312· D.C. Cir.· 1977-10-03 ·cited 42×
  The court held that an officer discharged after being twice passed over for promotion, despite minor errors in his personnel file, was not entitled to a new review or due process hearing, and had failed to exhaust administrative remedies.
• City OF Rochester & Genessee-Finger Lakes Reg'l Planning Bd. v. United States Postal Serv. & Benjamin F. Bailar
  541 F.2d 967· 2d Cir.· 1976-09-03 ·cited 42×
  The Postal Service must comply with NEPA and ICA requirements for its facility relocation project, but laches bars enjoining further construction due to significant progress.
• Wathen v. The United States
  527 F.2d 1191· Ct. Cl.· 1975-12-17 ·cited 42×
• Consol. GAS Supply Corp. v. Fed. Power Comm'n
  520 F.2d 1176· D.C. Cir.· 1975-10-09 ·cited 42×
  The Federal Power Commission's revised rate structure, shifting more fixed costs to the commodity component, is affirmed as a reasonable departure from prior policy, justified by current gas supply shortages and pipeline capacity issues.
• Kugel v. City OF Miami Beach
  206 So. 2d 282· Fla. 3d DCA· 1968-01-23 ·cited 42×
  Property owners challenged a zoning ordinance that restricted their corner lot to residential use despite surrounding commercial and institutional development. The court reversed the trial court's denial of relief, holding that changed conditions in the neighborhood rendered the
• Brady v. Town OF Colchester
  863 F.2d 205· 2d Cir.· 1988-12-01 ·cited 41×
  The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
• Sierra Club v. Peterson
  717 F.2d 1409· D.C. Cir.· 1983-09-13 ·cited 41×
  The court held that the Forest Service's decision to issue oil and gas leases without preparing an Environmental Impact Statement (EIS) on lands without a No Surface Occupancy Stipulation violated NEPA because the Department could not preclude surface-disturbing activities at the
• Wolfe v. J.C. Penney Co., Inc.
  710 F.2d 388· 7th Cir.· 1983-06-22 ·cited 41×
  The court held that the denial letter violated ERISA's procedural requirements and that the district court erred in directly instating the plaintiff into the LTD plan without remanding to the fiduciary.
• Consolidation Coal Co. v. Costle
  604 F.2d 239· 4th Cir.· 1979-06-25 ·cited 41×
  The court upheld most EPA water pollution regulations for the coal industry but struck down a variance clause for failing to consider statutory factors and remanded it for revision. The court also upheld the exclusion of western mines from certain limitations pending further stud
• State v. Mathews
  526 F.2d 319· 5th Cir.· 1976-01-23 ·cited 41×
  The Secretary of Health, Education, and Welfare did not exceed his statutory authority in promulgating 45 CFR § 252.10(b)(3), which requires state Medicaid licensing boards for nursing home administrators to be representative and not dominated by a single profession.
• State OF Md. v. Env't Prot. Agency
  530 F.2d 215· 4th Cir.· 1975-09-19 ·cited 41×
  The court held that the EPA's regulation requiring employers to submit mass transit incentive plans was impermissibly vague and lacked adequate notice, rendering it invalid. It also found that the EPA could not direct a state legislature to enact laws.
• Gaydosh v. Lewis
  410 F.2d 262· D.C. Cir.· 1969-03-07 ·cited 41×
  The court held that the trustees' denial of the appellant's pension application was not arbitrary or capricious, as the applicant failed to meet the revised eligibility requirements.
• Constantinos Roumeliotis and Panayota Roumeliotis v. Immigr. & Naturalization Serv.
  304 F.2d 453· 7th Cir.· 1962-06-15 ·cited 41×
  The court held that it has jurisdiction to review the denial of a first preference visa petition as it is ancillary to deportation orders, and that the denial was not arbitrary or capricious. The court also held that the INS has no duty to stay deportation proceedings based solel
• Jarzynka v. St. Thomas Univ. Sch. of Law
  310 F. Supp. 2d 1256· S.D. Fla.· 2004-03-23 ·cited 40×·via Arbitrary And Capricious Action
  The court held that a university is not liable in negligence for academic or disciplinary decisions absent malice, and that tortious interference claims do not lie against an agent of a contracting party.
• Berger v. Edgewater Steel Co.
  911 F.2d 911· 3d Cir.· 1990-08-15 ·cited 40×
  The court held that the majority's decision allowing Edgewater to amend its ERISA plan by unwritten policy is inconsistent with ERISA and overlooks record evidence, thus summary judgment on the 70/80 retirement issue was improperly granted.
• van Boxel v. The Journal Co. Emps'. Pension Tr.
  836 F.2d 1048· 7th Cir.· 1988-02-12 ·cited 40×
  The court held that even with a potential conflict of interest among trustees, the denial of pension benefits was not arbitrary and capricious because the employee's status as an employee had clearly ended upon expiration of his leave of absence.
• Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth.
  834 F.2d 191· D.C. Cir.· 1987-12-04 ·cited 40×
  The court held that the union's position on appeal was different from the position advanced before the agency, thus precluding the appellate argument.
• Equal Emp. Opportunity Comm'n v. Fed. Labor Relations Auth.
  744 F.2d 842· D.C. Cir.· 1984-09-21 ·cited 40×
  The court held that a union proposal requiring compliance with applicable laws and regulations regarding contracting-out is a negotiable subject of bargaining, as it does not impair management's statutory right to make contracting-out decisions.
• Mobil OIL Corp. v. The Dep't OF Energy & James B. Edwards
  728 F.2d 1477· Temp. Emer. Ct. App.· 1983-12-20 ·cited 40×
  The court held that the 'deemed recovery rule' was procedurally invalid due to lack of proper notice and comment, and that laches was available as a defense against Mobil's challenge.
• Pompano v. Michael Schiavone & Sons, Inc.
  680 F.2d 911· 2d Cir.· 1982-06-04 ·cited 40×
  A pension plan summary violated ERISA by failing to disclose an unwritten rule prohibiting lump sum payments to long-term retirees, and by failing to provide written notice and review for the denial of such a payment.
• Santise v. Schweiker
  676 F.2d 925· 3d Cir.· 1982-04-08 ·cited 40×
  The court held that the Department of Health and Human Services' medical-vocational regulations, including the 'grid' system, satisfy the Social Security Act's requirements and do not conflict with prior case law.
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• Gordon v. Ilwu-Pma Benefit Funds
  616 F.2d 433· 9th Cir.· 1980-04-03 ·cited 40×
  The court held that the trustees' denial of extended death benefits was not arbitrary or capricious, as their interpretation of the plan rules was reasonable and consistent with the plan's purpose.
• Cliff J. Wilson v. Bd. of Trs. of the Pension Tr. Fund for Operating Eng'rs & Pension Tr. Fund for Operating Eng'rs
  564 F.2d 1299· 9th Cir.· 1977-11-23 ·cited 40×
  The court held that the break-in-employment rule, as applied to the plaintiff, was not arbitrary or unreasonable, and affirmed the district court's judgment denying disability benefits.
• Nadeau v. Helgemoe
  561 F.2d 411· 1st Cir.· 1977-08-24 ·cited 40×·via Arbitrary And Capricious Action
  The court held that the district court's broad application of a 'penological purpose' test to prison conditions was not constitutionally required, but affirmed the specific finding regarding access to courts.
• Giles v. The United States
  553 F.2d 647· Ct. Cl.· 1977-04-20 ·cited 40×
  The court held that the IRS employee's removal for failure to file tax returns was justified and supported by substantial evidence, and that the penalty was not an abuse of discretion.
• Amoco OIL Co. v. OIL
  548 F.2d 1288· 7th Cir.· 1977-01-24 ·cited 40×
  The arbitrator's award must be vacated because the arbitrator exceeded his contractual authority by making a second, unauthorized finding regarding 'just cause' for discharge, which demonstrated a manifest disregard for the collective bargaining agreement.
• Dunlop v. Rockwell Int'l (formerly N. Am. Rockwell Corp.) & the Occupational Safety & Health Review Comm'n
  540 F.2d 1283· 6th Cir.· 1976-08-26 ·cited 40×
  The court held that the Commission's decision to vacate the citation and abatement order was arbitrary, capricious, and an abuse of discretion because it ignored significant employee testimony regarding dust conditions and system malfunctions.
• Sierra Club v. Env't Prot. Agency
  540 F.2d 1114· D.C. Cir.· 1976-08-02 ·cited 40×
  The court held that the Clean Air Act requires the prevention of significant deterioration of air quality, affirming the EPA's regulations designed to achieve this. The court found the regulations to be rationally based, within the Administrator's authority, and constitutional.
• Tanners' Council OF Am., Inc. v. Train
  540 F.2d 1188· 4th Cir.· 1976-03-10 ·cited 40×
  The court held that the 1977 effluent limitations and new source performance standards were not adequately supported by evidence in the record and were remanded, while the 1983 limitations were left in force but subject to future review.
• Texaco, Inc. v. Fed. Energy Admin.
  531 F.2d 1071· Temp. Emer. Ct. App.· 1976-02-09 ·cited 40×
  The court held that the FEA's mandatory petroleum pricing regulation, including the exemption of Shell P.R. from the refiner rule and the related cost-equalization relief, was valid and not rendered ineffective by procedural or substantive defects.
• Warren Transp., Inc. v. United States & Interstate Commerce Comm'n
  525 F.2d 148· 8th Cir.· 1975-11-10 ·cited 40×
  The court affirmed the Interstate Commerce Commission's denial of a certificate of public convenience and necessity, finding the Commission's decision was supported by substantial evidence and a rational judgment.
• Bannert v. Am. CAN Co.
  525 F.2d 104· 6th Cir.· 1975-10-23 ·cited 40×
  The court held that the Annuity Board's termination of retirement benefits for an employee who voluntarily retired and joined a competitor was not arbitrary or unconscionable under Michigan law.
• Nader v. Sawhill
  514 F.2d 1064· Temp. Emer. Ct. App.· 1975-04-11 ·cited 40×
  The court held that the Cost of Living Council's decision to increase the price of old crude oil had a rational basis and was not procedurally infirm, thus affirming the grant of summary judgment.
• Cincinnati Elecs. Corp. v. Kleppe
  509 F.2d 1080· 6th Cir.· 1975-01-31 ·cited 40×
  A disappointed bidder has standing to challenge a government contract award if they allege injury in fact and the challenged action falls within the zone of interests protected by the relevant statute, particularly when the protest concerns adherence to regulations implementing a
• Fla. Peach Growers Ass'n, Inc. v. United States Dep't OF Labor
  489 F.2d 120· 5th Cir.· 1974-01-09 ·cited 40×
  Emergency temporary standards under OSHA may be amended in the same manner and under the same criteria as their initial issuance, and the "substantial evidence" test applies to their judicial review.
• Bradley v. Caspar W. Weinberger
  483 F.2d 410· 1st Cir.· 1973-07-31 ·cited 40×
  The court held that the district court erred in granting a preliminary injunction because the plaintiffs failed to exhaust their administrative remedies by not presenting their specific arguments regarding misbranding and FDA regulations to the agency first.
• Laurence H. Frommhagen
  456 F.2d 1391· 9th Cir.· 1972-03-13 ·cited 40×
  The court held that Executive Order No. 10987 does not require an agency employee to be retained in active duty status pending the outcome of their administrative appeal from a discharge decision.