Arbitrary and Capricious

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

• Blank v. Bethlehem Steel Corp.
  758 F. Supp. 697· M.D. Fla.· 1990-02-09
  The court held that the Rule-of-65 retirement benefits were not accrued and could be eliminated, and the General Pension Board's denial of benefits was not arbitrary or capricious.
• The Commonwealth OF Mass. v. Interstate Commerce Comm'n & United States
  D.D.C.· 1990-01-16
  The court held that Massachusetts' challenge to the net liquidation value method was untimely, and its objections to the handling of inflation were meritless, while Simmons' challenge to the ICC's reliance on the RAPB was also meritless.
• Colo. Interstate GAS Co. v. Fed. Energy Regulatory Comm'n
  890 F.2d 1121· 10th Cir.· 1989-12-01
  The court held that claims regarding one-year term limitations, rate conditions, and denial of firm service are moot because the petitioner accepted a blanket certificate, causing the individual certificates to expire. Claims challenging the blanket certificate acceptance limitat
• S.S. Silberblatt Inc. v. The United States
  888 F.2d 829· Fed. Cir.· 1989-10-31
  The court held that the Postal Service is not obligated to pay the Oakland Business Tax, nor the paramedic and vector control service tax assessments, as they are not "in lieu of general real estate taxes" under the lease agreement's tax rider clause.
• Gray v. Travelers Indem. Co. of R.I.
  725 F. Supp. 495· M.D. Fla.· 1989-10-13
  The court held that the plaintiff's state law claim was preempted by ERISA and that the insurer's calculation of benefits, reviewed under the arbitrary and capricious standard, was correct.
• Nw. Food Processors Ass'n v. Reilly
  886 F.2d 1075· 9th Cir.· 1989-09-27
  The court held that it had jurisdiction to review the Administrator's cancellation decision and existing stocks provisions, and that the Administrator's decisions regarding both were supported by substantial evidence and reasonable interpretations of FIFRA.
• Farmers Union Cent. Exch., Inc. v. Thomas
  881 F.2d 757· 9th Cir.· 1989-08-04
  The district court lacked jurisdiction under the Clean Air Act's citizen suit provision because EPA's decision not to recognize the disputed lead credit transfer involved discretion, not a failure to perform a nondiscretionary duty.
• Reuben McDANIEL v. The Nat'l Shopmen Pension Fund
  889 F.2d 804· 9th Cir.· 1989-07-20
  The court held that the pension fund's cancellation of pension credits was arbitrary and capricious because the fund failed to demonstrate that the overall financial stability of the plan was endangered.
• Parsons v. West Virginia Works Hourly Employees Pension Plan
  879 F.2d 130· 4th Cir.· 1989-07-18
  Former employees who became permanently incapacitated after their employment ended but before reaching retirement age are eligible for permanent incapacity retirement benefits under the pension plan.
• W. Fuels-Illinois, Inc. v. Interstate Commerce Comm'n
  878 F.2d 1025· 7th Cir.· 1989-07-11
  The court held that the ICC's denial of Western Fuels' petition for a rulemaking to mandate price term disclosure in long-term coal transportation contracts was not arbitrary, capricious, or contrary to law.
• Little Earth OF United Tribes, Inc. v. United States Dep't OF Hous. & Urban Dev.
  878 F.2d 236· 8th Cir.· 1989-06-23
  The court affirmed the district court's decision, finding no clear error in its findings of fact or law regarding HUD's actions and foreclosure.
• City OF Margate v. Amoco OIL Co.
  546 So. 2d 1091· Fla. 4th DCA· 1989-06-21
  Amoco Oil Company applied for a permit to build a gasoline service station in Margate, Florida, which was denied. The City subsequently enacted new ordinances making such use prohibited. The trial court found the City acted arbitrarily and capriciously in denying the permit, crea
• Weisbrod v. Louis W. Sullivan, M.D.
  875 F.2d 526· 5th Cir.· 1989-06-20
  The court held that the Secretary's regulation setting attorney fees for Social Security administrative proceedings was neither arbitrary nor capricious and affirmed the dismissal of the challenge.
• Currie State Bank v. Fed. Deposit Ins. Corp.
  878 F.2d 215· 8th Cir.· 1989-06-19
  The FDIC Board of Directors cannot unilaterally disregard a stipulation entered into by its counsel, especially when the bank relied on it, and must allow a formal hearing if the stipulation is not honored.
• Placid OIL Co. v. Fed. Energy Regulatory Comm'n
  875 F.2d 487· 5th Cir.· 1989-06-16
  The court held that Placid's 1973 secondary drilling operation qualified as 'sidetracking' under FERC's precedent, but the 1977 recompletion gas was correctly assigned the lower rate. The court also affirmed FERC's denial of a refund waiver.
• Rogers v. The United States
  877 F.2d 1550· Fed. Cir.· 1989-06-15
  The court held that the government's failure to promulgate notice regulations constituted a breach of trust, but claimants must still prove causation for their injuries. The court also affirmed certain procedural rulings and factual findings while remanding others.
• Reppy v. Dep't OF the Interior OF the United States
  874 F.2d 728· 10th Cir.· 1989-05-10
  A timely petition for reconsideration tolls the ninety-day limitations period for seeking judicial review of an agency's decision.
• Laclede GAS Co. v. Fed. Energy Regulatory Comm'n
  873 F.2d 1494· D.C. Cir.· 1989-05-05
  The court held that the Federal Energy Regulatory Commission (FERC) erred in rejecting a settlement because the party did not violate the settlement, and FERC failed to consider reasonable alternatives or the consequences of rejection.
• The R.R. Comm'n OF Tex. v. Fed. Energy Regulatory Comm'n
  874 F.2d 1338· 10th Cir.· 1989-04-28
  The court held that FERC had jurisdiction to inquire into geological and proration matters, was not required to abstain, and its findings of fact were supported by substantial evidence and its conclusions of law were reasonable.
• N. Alaska Env't Ctr. v. Lujan
  872 F.2d 901· 9th Cir.· 1989-04-14
  The court held that the Secretary of the Interior is not required by ANILCA or the Mining in the Parks Act to conduct an on-site field inspection and mineral examination to determine the validity of an unpatented mining claim before approving a plan of operations.
• Nat'l Treas. Emps. Union v. Horner
  869 F.2d 571· Fed. Cir.· 1989-03-07
  The court held that federal special rate employees are entitled to pay adjustments when statutory pay rates increase, and the 1982 regulation stating otherwise is an improper implementation of 5 U.S.C. § 5303(d). However, the court also held that the district court erred in presc
• Nash v. Krivaja Beechbrook Corp. & Metro. Life Ins. Co.
  866 F.2d 1053· 8th Cir.· 1989-02-01
  The court affirmed the district court's grant of summary judgment, finding no ERISA violations and deferring to the district court's determination that Missouri insurance law did not apply.
• Bureau of Land Mgmt. v. Fed. Labor Relations Auth.
  864 F.2d 89· 9th Cir.· 1988-12-27
  The court held that alternative work schedule proposals, including their operational details, are fully negotiable under the Flexible and Compressed Work Schedules Act, and that the Act's provisions supersede conflicting management rights under the Federal Labor-Management Relati
• Hansen v. W. Greyhound Ret. Plan & W. Greyhound Pension Tr.
  859 F.2d 779· 9th Cir.· 1988-10-18
  The court held that the Trustees' interpretation of the plan was not arbitrary or capricious, but that summary judgment on the issue of waiver of rights under 29 U.S.C. § 1056(a) was inappropriate due to disputed issues of fact.
• Wong v. United States
  859 F.2d 129· 9th Cir.· 1988-10-12
  The court held that the district court correctly applied a bifurcated standard of review, de novo for factual findings and arbitrary and capricious for the sanction, and that the reduced sanction was proper.
• Pratt v. Connors
  857 F.2d 231· 4th Cir.· 1988-09-19
  The court held that the Trustees' denial of enhanced retirement benefits based on an interpretation of 'occupational disease' that added an 'endemic' requirement not present in the Maggard settlement was arbitrary and capricious.
• Fannin Cnty. v. The United States & the Interstate Commerce Comm'n
  856 F.2d 120· 11th Cir.· 1988-09-09
  The court held that the ICC's exemption regulation was not ultra vires and that a subsequent ICC decision issued in violation of a court-ordered stay was void.
• Overseas Educ. Ass'n, Inc. v. Fed. Labor Relations Auth.
  872 F.2d 1032· D.C. Cir.· 1988-08-31
  The court held that the union's proposals regarding the use of student test results in performance evaluations, methods of monitoring employee performance, and payroll deductions for PAC contributions were outside the agency's statutory duty to bargain.
• Asociacion de Compositores Y Editores de Musica Latinoamericana v. Copyright Royalty Tribunal
  854 F.2d 10· 2d Cir.· 1988-08-08
  The court held that the Copyright Royalty Tribunal's decision to award ACEMLA only one dollar in cable television copyright royalties was not arbitrary, capricious, or unsupported by substantial evidence, and was within the zone of reasonableness.
• Public Citizen v. Steed
  851 F.2d 444· D.C. Cir.· 1988-07-15
  The court held that the National Highway Traffic Safety Administration's (NHTSA) extension of the 'one-car credit' provision was not arbitrary or capricious, as it was supported by the rulemaking record and considered alternatives.
• Pia-Asheville, Inc. v. Bowen
  850 F.2d 739· D.C. Cir.· 1988-06-24
  The court held that the Secretary's regulation denying Medicare reimbursement for depreciation expenses in a two-step acquisition (stock purchase followed by liquidation) was unreasonable and inconsistent with the statute.
• Am. Littoral Soc'y v. Herndon
  720 F. Supp. 942· S.D. Fla.· 1988-06-10
  The court held that the Corps of Engineers adequately considered the project's impact on recreation and that the City's compliance, past and promised, satisfied the Fish and Wildlife Service's requirements under the Endangered Species Act.
• Appeal of Ethel Bolden v. Blue Cross & Blue Shield Ass'n, Inc.
  848 F.2d 201· D.C. Cir.· 1988-05-17
  The court held that the Office of Personnel Management's (OPM) decision to limit the Blue Cross refund to enrollees as of May 1, 1985, was not arbitrary, capricious, or an abuse of discretion, and was supported by the statute and insurance industry practice.
• Safe Bldgs. Alliance v. Env't Prot. Agency
  846 F.2d 79· D.C. Cir.· 1988-05-10
  The court held that the Environmental Protection Agency's regulations implementing the Asbestos Hazard Emergency Response Act of 1986 were a reasonable interpretation of the Act's mandates, despite petitioners' claims of vagueness and lack of scientific basis.
• Wilder v. Prokop
  846 F.2d 613· 10th Cir.· 1988-05-10
  The court held that the district court had jurisdiction to review the MSPB's decision, but the MSPB's dismissal of the appeal as untimely was not arbitrary or capricious, and mandamus relief was not warranted.
• Irving Bank Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  845 F.2d 1035· D.C. Cir.· 1988-04-18
  The court held that substantial evidence supported the Board of Governors' determination that BNY's acquisition of Irving complied with the Bank Holding Company Act, affirming the Board's approval.
• Niro Atomizer, Inc. v. United States Env't Prot. Agency
  585 F. Supp. 1109· S.D. Fla.· 1988-03-31
  The court held that the EPA's decision must be remanded because the agency deviated from its established review standards and relied on undisclosed factual bases without providing adequate notice or opportunity for rebuttal.
• Sw. Pub. Serv. Co. v. Fed. Energy Regulatory Comm'n
  842 F.2d 1204· 10th Cir.· 1988-03-24
  The court held that the Commission's order requiring retroactive application of the normalization method for investment tax credits was arbitrary and capricious, and thus set aside. The court also upheld the Commission's decision regarding unbilled revenues.
• Hooper v. Nat'l Transp. Safety Bd.
  841 F.2d 1150· D.C. Cir.· 1988-03-18
  The court held that the agency's dismissal of a matter due to a late-filed brief was arbitrary and capricious because the agency had inconsistently applied its own policy. The court granted the petition for review and returned the case to the NTSB for further proceedings.
• Ala. Pub. Serv. Comm'n v. United States & the Interstate Commerce Comm'n
  839 F.2d 815· D.C. Cir.· 1988-02-19
  The Florida Public Service Commission appeals a district court's decision that invalidated its order requiring alternate operator services (AOS) providers to hold certain revenues pending a hearing.
• Heirs OF Norman A. Garvey v. Sion Farm Esso Serv. Ctr. & Gov't of the Virgin Islands Crim. Victims Comp. Comm'n
  838 F.2d 98· 3d Cir.· 1988-02-01
  The court should reverse the district court's order and direct it to take jurisdiction over the matter, limiting review to whether the Commission's decision was contrary to law, arbitrary, capricious, or unsupported by substantial evidence.
• Commc'ns Satellite Corp. v. Fed. Commc'ns Comm'n & United States
  836 F.2d 623· D.C. Cir.· 1988-01-12
  The concurring judge writes to clarify the limitations of the majority opinion regarding the FCC's 'uneconomical' standard for Intelsat proposals.
• Sloane v. Def. Logistics Agency
  834 F.2d 1006· Fed. Cir.· 1987-12-03
  The court affirmed the arbitrator's decision, finding it was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law.
• Bayonet Point Reg'l Med. Ctr. v. Dep't of Health & Rehabilitative Servs.
  516 So. 2d 995· Fla. 1st DCA· 1987-11-24
  Bayonet Point Regional Medical Center appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for a cardiac catheterization laboratory and open-heart surgery service. The court found HRS's decision arbitrary and capricious beca
• Whipp v. Seafarers Vacation Plan
  832 F.2d 853· 4th Cir.· 1987-11-06
  The court held that the district court erred in finding the Plan's denial of vacation benefits arbitrary and capricious, as trustees have broad discretion in setting eligibility requirements.
• Haskell Levi Chapoose Ad Litem v. Hodel
  831 F.2d 931· 10th Cir.· 1987-10-22
  The court held that the children's civil rights claims were properly dismissed, but remanded the case for a factual inquiry into their entitlement to attorney fees under the Equal Access to Justice Act.
• Vance L. Eckersley v. Wgal TV, Inc.
  831 F.2d 1204· 3d Cir.· 1987-10-19
  The court held that a settlement payment for a disputed compensation claim must be included in calculating pension benefits, and a release given to the employer does not bar the pension claim against the plan administrator.
• NEW Orleans Channel 20, Inc. v. Fed. Commc'ns Comm'n
  830 F.2d 361· D.C. Cir.· 1987-10-06
  The FCC's denial of a construction permit extension and cancellation of the permit was not arbitrary, capricious, or contrary to precedent, as the proposed assignee failed to provide specific and detailed showings of its commitment to construct the station.
• Zotos Int'l, Inc. v. Young
  830 F.2d 350· D.C. Cir.· 1987-10-02
  The court held that the FDA's denial of trade secret status for Zotos's ingredient was arbitrary and capricious due to inconsistent findings regarding its value and ease of ascertainability.
• Cmty. Hosp. of New Port Richey/University Psychiatric Ctr., Inc. v. Dep't OF Health & Rehabilitative Servs.
  520 So. 2d 604· Fla. 1st DCA· 1987-09-29
  Community Hospital and University Psychiatric Center challenged the Department of Health and Rehabilitative Services' issuance of a certificate of need to a competing psychiatric hospital in Pasco County. The appellate court upheld the certificate of need, finding no bias, proced