Arbitrary and Capricious

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

• McDONALD Welding & Mach. Co., Inc. v. Webb
  829 F.2d 593· 6th Cir.· 1987-09-22
  The court held that the Navy's interpretation of 'accepted' as 'passed' for First Article Testing was reasonable and entitled to deference, and that the post-award stay provision was not violated due to lack of timely notice to the agency.
• Cowherd v. United States Dep't OF Hous. & Urban Dev.
  827 F.2d 40· 7th Cir.· 1987-07-22
  The court held that HUD's sale of the Stonekey II housing project without rental subsidies was not arbitrary or capricious, as it was rational and based on relevant factors, including cost and a finding of no local need for such housing.
• Economu v. Borg-Warner Corp.
  824 F.2d 181· 2d Cir.· 1987-07-15
  The court held that the ERISA plan administrators did not act arbitrarily and capriciously in determining the plaintiff's pension plan vesting rights.
• Kudla v. Nat'l Labor Relations Bd.
  821 F.2d 95· 2d Cir.· 1987-06-08
  A union may consider loyalty to union leadership as a factor when referring members to positions responsible for contract administration, but the application of this loyalty standard must not be arbitrary.
• Nelson v. Farmland's Employee Retirement Plan
  817 F.2d 61· 8th Cir.· 1987-05-04
  The court held that the district court correctly applied the arbitrary and capricious standard to the plan trustees' interpretation of the disability standard and that substantial evidence supported the denial of benefits.
• Hilo Coast Processing Co. v. The United States
  816 F.2d 629· Fed. Cir.· 1987-04-14
  The Secretary of Agriculture's decision differentiating between C&H and Louisiana processors regarding price support eligibility was valid and entitled to deference.
• Black v. Interstate Commerce Comm'n & United States
  814 F.2d 769· D.C. Cir.· 1987-03-31
  The court held that the ICC's denial of labor protection to railroad employees displaced by a track abandonment and rerouting was arbitrary, capricious, and contrary to law.
• S. Miami Hosp. v. Bowen
  658 F. Supp. 544· S.D. Fla.· 1987-03-31
  The court held that it lacked jurisdiction to review the Provider Reimbursement Review Board's decision because the hospital failed to file its appeal within the statutory 180-day period from the initial Notice of Program Reimbursement and the PRRB's denial of a good cause extens
• Amos G. Southers v. Veterans Admin.
  813 F.2d 1223· Fed. Cir.· 1987-03-19
  The court held that the Merit Systems Protection Board erred in sustaining 18 duplicative charges of false testimony, but affirmed the sustaining of one charge of false testimony and four charges of intentional falsification of documents. The case was remanded for reconsideration
• United States v. Harth
  527 F. Supp. 587· S.D. Fla.· 1987-02-09
  The court held that the defendant's consent to search his boat was voluntary, and therefore the motion to suppress the seized cocaine should be denied.
• Nat'l Coal Ass'n v. United States Env't Prot. Agency
  810 F.2d 431· 4th Cir.· 1987-01-30
  The court held that the EPA's revised effluent limitation guidelines for settleable solids in the coal mining industry were not arbitrary and capricious.
• Univ. Med. Park OF Tampa, Ltd. v. Dep't OF Health & Rehabilitative Servs.
  501 So. 2d 692· Fla. 2d DCA· 1987-01-28
  The court held that the Department of Health and Rehabilitative Services (HRS) did not improperly deny the application for a certificate of need.
• Indep. Union OF Flight Attendants v. United States Dep't OF Transp.
  803 F.2d 1029· 9th Cir.· 1986-10-31
  The court held that the Department of Transportation considered employee welfare and acted within its authority by not imposing labor protective provisions, as the Airline Deregulation Act shifted the focus from routine imposition to a case-by-case analysis based on public intere
• Chemung Cnty. v. Dole
  804 F.2d 216· 2d Cir.· 1986-10-28
  The FAA's recalculation of telecommunications costs was arbitrary and capricious because it violated its own guidelines by using 'services' data instead of actual call data and by using outdated rate information.
• Dockray v. Phelps Dodge Corp.
  801 F.2d 1147· 9th Cir.· 1986-10-06
  The court held that the majority opinion improperly instructed the district court on remand regarding the standard of review and introduced issues not raised on appeal.
• Nat'l Ass'n OF Sec. Dealers, Inc. v. Sec. & Exch. Comm'n
  801 F.2d 1415· D.C. Cir.· 1986-09-30
  The court affirmed the SEC's orders rejecting NASD's proposed fees for NQDS data access, finding the SEC's cost-based determination was not arbitrary or capricious and was supported by substantial evidence.
• Pasternack v. The United States
  801 F.2d 1303· Fed. Cir.· 1986-09-18
  The court held that the Air Force was not legally compelled to reimburse the appellant for his children's private schooling costs, as the decision to deny the claim was within the agency's discretionary authority and not arbitrary or capricious.
• Psychiatric Hosps. OF Fla., Inc. v. State
  500 So. 2d 190· Fla. 1st DCA· 1986-09-16
  Psychiatric Hospitals of Florida, Inc. (Horizon Hospital) challenged the Department of Health and Rehabilitative Services' inventory of its specialty beds, arguing the amended statutes did not apply to existing licenses and that the inventory process was arbitrary and capricious.
• Wyo. Cmty. Dev. Auth. v. Baker
  801 F.2d 364· 10th Cir.· 1986-09-10
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction without considering Rev. Proc. 81-30, which may provide a basis for jurisdiction and impact the Anti-Injunction Act analysis.
• Square Constr. Co. & La Fera Contracting Co. v. Wash. Metro. Area Transit Auth.
  800 F.2d 1256· 4th Cir.· 1986-09-10
  The court affirmed the district court's judgment upholding the BCA's decision regarding reprocurement costs, but remanded for the district court to assess costs and attorney's fees against the Authority due to its prior misconduct.
• Exch. Servs., Inc. v. Sec. & Exch. Comm'n
  797 F.2d 188· 4th Cir.· 1986-08-07
  The court held that the SEC's order upholding the NASD's requirement for certain brokerage personnel to register as General Securities Representatives was not arbitrary and capricious and was supported by substantial evidence.
• State OF Ohio v. United States Env't Prot. Agency
  798 F.2d 880· 6th Cir.· 1986-08-07
  The court reaffirms its prior holding that the EPA's use of the CRSTER model without site-specific validation to forecast SO2 diffusion at two plants adjacent to Lake Erie was arbitrary and capricious.
• Coal. FOR THE Env't v. Nuclear Regulatory Comm'n & United States
  795 F.2d 168· D.C. Cir.· 1986-07-11
  The court held that the Nuclear Regulatory Commission's rule eliminating case-by-case financial qualifications review for electric utilities seeking operating licenses is consistent with the Atomic Energy Act and not arbitrary or capricious. The court also dismissed a petition ch
• Therrien v. Schweiker
  795 F.2d 2· 2d Cir.· 1986-06-27
  The court held that the Secretary's regulation excluding correspondence students from surviving-child insurance benefits was a valid exercise of delegated authority and not arbitrary or capricious.
• Crivelli v. Dep't of Transp.
  794 F.2d 666· Fed. Cir.· 1986-06-18
  The court affirmed the removal of Crivelli, finding his failure to report for work after leave was sufficient evidence of strike participation, and vacated the removal of Morse, finding the Board's decision lacked substantial evidence.
• State Corp. Comm'n for the State OF Kan. v. Interstate Commerce Comm'n
  793 F.2d 1138· 10th Cir.· 1986-05-29
  The court held that the ICC orders allowing rate increases were neither arbitrary nor capricious and were in accord with Congressional intent, as the state failed to rebut the statutory presumption that lower intrastate rates burdened interstate commerce.
• Bradley v. Heckler
  785 F.2d 954· 11th Cir.· 1986-04-02
  The court held that the claimant was a prevailing party under the Equal Access to Justice Act, entitling him to attorney fees.
• Am. Mar. Ass'n v. United States
  786 F.2d 1186· D.C. Cir.· 1986-03-28
  The court held that the Maritime Subsidy Board's decision to amend operating-differential subsidy contracts to permit subsidized carriers to ship Military Sealift Command cargo was inadequately explained regarding its assessment of competitive impact on unsubsidized carriers.
• PAZ v. Warden, Fed. Corr. Inst., Englewood, Colo.
  787 F.2d 469· 10th Cir.· 1986-03-11
  The court held that the Parole Commission's decision to deny parole based on the petitioner's refusal to admit guilt, despite evidence of rehabilitation and a plausible explanation for his stance, was arbitrary and capricious, and the district court did not exceed its authority i
• Phillips Petroleum Co. v. Fed. Energy Regulatory Comm'n
  786 F.2d 370· 10th Cir.· 1986-03-10
  The court held that the Federal Energy Regulatory Commission (FERC) had the legal authority under the Independent Offices Appropriations Act (IOAA) to establish fees for services provided to identifiable beneficiaries, even if the public also benefited, and that its rulemaking pr
• F.A. Gray, Inc. v. The Occupational Safety & Health Review Comm'n
  785 F.2d 23· 1st Cir.· 1986-03-06
  The court held that the OSHRC decision finding a violation of OSHA regulation 29 C.F.R. § 1926.28(a) was arbitrary and capricious because it was not supported by substantial evidence of industry practice or a sufficient justification for departing from it.
• Donovan v. Westside Local 174
  783 F.2d 616· 6th Cir.· 1986-02-11
  Intervention under Fed.R.Civ.P. 24(a)(2) is appropriate in certification proceedings when the defeated candidate alleges abuses by the Secretary of Labor in conducting a supervised election, and the district court must conduct a review beyond merely assessing if the Secretary's r
• Town OF Summersville v. Fed. Energy Regulatory Comm'n
  780 F.2d 1034· D.C. Cir.· 1986-01-10
  The court held that FERC was not required to hold Summersville's license application in abeyance because FERC had no prior policy to do so, and the Wild and Scenic Rivers Act did not mandate such a procedure.
• Formula v. Heckler
  779 F.2d 743· D.C. Cir.· 1985-12-31
  The court held that the FDA's final regulations for infant formula quality control were not unlawful under the Infant Formula Act and constituted a proper exercise of the agency's discretion.
• Direct Mktg. Ass'n, Inc. v. United States Postal Serv.
  778 F.2d 96· 2d Cir.· 1985-12-03
  The court held that the Governors' decision approving new postal rates was supported by substantial evidence and was not arbitrary or capricious, and that the Postal Rate Commission adequately considered the statutory factors in recommending those rates.
• The Honorable Alejandro Cruz, Jr. v. Honorable William E. Brock
  778 F.2d 62· 1st Cir.· 1985-12-02
  The court held that the Secretary of Labor's determination regarding the population of Service Delivery Areas was lawful and supported by substantial evidence.
• Comm. OF 100 ON the Fed. City v. Hodel
  777 F.2d 711· D.C. Cir.· 1985-11-08
  Section 22(b) controls exchanges of national park property for other property within a national park, not Section 9(c) which applies only to boundary revisions. The public hearing requirement of Section 22(b) does not mandate a hearing specifically on property valuation, and the
• Meadows v. Palmer
  775 F.2d 1193· D.C. Cir.· 1985-11-05
  The majority's holding that an employee never suffers a reduction in rank as long as their numerical grade and formal position remain unchanged is incorrect.
• Simmons v. Interstate Commerce Comm'n & United States
  775 F.2d 854· 7th Cir.· 1985-10-22
  The court held that the Interstate Commerce Commission (ICC) had the authority to reopen a dismissed rail abandonment proceeding when a proposed sale failed, and that its original abandonment determination was not arbitrary or capricious.
• Rechtien v. Ryder Sys.
  S.D. Fla.· 1985-08-28
  The court held that the plaintiff was not entitled to a benefit adjustment from the retirement plan because he failed to meet the required service hours and had waived his entitlement to such benefits.
• Am. Cyanamid Co. v. Frank E. Young, M.D.
  770 F.2d 1213· D.C. Cir.· 1985-08-27
  The FDA has the statutory authority to conduct a full safety and effectiveness review of a supplemental New Animal Drug Application (NADA) when the proposed change, such as moving from prescription-only to over-the-counter status, has a bearing on the product's safety or effectiv
• Indep. AIR, Inc. v. Dep't OF Transp.
  767 F.2d 1488· 11th Cir.· 1985-07-26
  The court held that the FAA acted arbitrarily and capriciously in denying Independent Air's petition for an exemption from noise level standards.
• Koppers Co., Inc. v. United States Env't Prot. Agency
  767 F.2d 57· 3d Cir.· 1985-07-08
  The Administrator's decision that the Clean Water Act's variance provision (§ 301(g)) does not apply to pretreatment standards was not arbitrary or capricious.
• Burnside-Ott Aviation Training Ctr., Inc. v. United States
  617 F. Supp. 279· S.D. Fla.· 1985-06-26
  The court held that the Navy's decision to release certain technical proposal information was not arbitrary, capricious, or otherwise unlawful, and therefore denied the plaintiff's request for an injunction.
• R. Banks v. PAN Am. World Airways, Inc.
  763 F.2d 1399· 11th Cir.· 1985-06-25
  The court held that the Civil Aeronautics Board's denial of prejudgment interest on dismissal allowances was not arbitrary or capricious.
• Md. Dep't OF Human Res. v. Dep't OF Health & Human Servs.
  762 F.2d 406· 4th Cir.· 1985-05-23
  The court held that the Department of Health and Human Services (HHS) acted within its statutory authority and was not arbitrary in requiring the state to bear the financial responsibility for erroneous AFDC payments.
• Interstate Commerce Comm'n v. Brae Corp.
  471 U.S. 1069· U.S.· 1985-04-29
• Bruland v. Howerton
  606 F. Supp. 333· S.D. Fla.· 1985-03-27
  The court affirmed the INS's imposition of fines, holding that the plaintiffs' defenses of estoppel, duress, and due diligence were not applicable or established.
• Va. Agric. Growers Ass'n, Inc. v. U.S. Dep't OF Labor: Ralph G. Cantrell
  756 F.2d 1025· 4th Cir.· 1985-03-13
  The court held that the Department of Labor's '50% rule,' requiring employers petitioning for seasonal foreign workers to hire domestic workers until 50% of the foreign contract has elapsed, is a valid regulation issued with legal authority.
• Frisby v. United States Dep't OF Hous. & Urban Dev. (HUD)
  755 F.2d 1044· 3d Cir.· 1985-02-28
  The court held that HUD's decision to sell Everett Gardens without subsidies was not supported by the administrative record and failed to comply with its own regulations and the governing statute.