Zone Of Interests Test

500 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ass'n OF Nw. Steelheaders (Northwest Steelheaders Council OF Trout Unlimited) v. United States Army Corps OF Eng'rs
  485 F.2d 67· 9th Cir.· 1973-09-21 ·cited 4×
  The court held that the trial court's dismissal for lack of jurisdiction based on sovereign immunity was improper without explicit findings balancing governmental burden against private harm.
• Intercontinental Placement Serv., Inc. v. Honorable George P. Shultz
  461 F.2d 222· 3d Cir.· 1972-06-06 ·cited 4×
  The court held that the employment agency lacked standing to challenge the Secretary of Labor's regulation because its interest was not within the zone of interests protected by the Immigration and Nationality Act.
• Sissons v. Off. OF Selective Serv. OF the United States
  454 F.2d 279· 9th Cir.· 1972-01-18 ·cited 4×
  The court held that the district court properly dismissed the action against both appellants, one for lack of standing and the other for mootness.
• Arnold Tours, Inc. v. Camp
  428 F.2d 359· 1st Cir.· 1970-06-01 ·cited 4×
  The court held that the plaintiffs lacked standing to sue because they failed to demonstrate that Congress was specifically concerned with their competitive interests when enacting the relevant statute.
• Harry H. Price & Sons, Inc. v. Hardin
  425 F.2d 1137· 5th Cir.· 1970-04-27 ·cited 4×
  The court held that the appellant has standing to challenge the administrative regulations and that the district court's dismissal for failure to state a claim was premature.
• Escambia Cnty. Sch. Bd. v. Warren
  337 So. 3d 496· Fla. 1st DCA· 2022-04-13 ·cited 3×
  The appellate court vacated an administrative law judge's order invalidating a school board rule, finding that the petitioners lacked standing to challenge the rule under the Administrative Procedure Act. The court determined that neither the individual employee nor the union dem
• K.M. v. Fla. Dep't OF Health
  237 So. 3d 1084· Fla. 3d DCA· 2017-12-27 ·cited 3×
  K.M., a CMS beneficiary with a serious heart condition, challenged the Department of Health's proposed repeal of a rule regulating pediatric cardiac facilities. The court affirmed dismissal of her petition, holding that K.M. lacked standing because she failed to establish that th
• Action Outdoor Advertising JV, L.L.C. v. Town of Shalimar
  377 F. Supp. 2d 1178· N.D. Fla.· 2005-03-29 ·cited 3×
  The court held that the plaintiff lacked standing to challenge certain provisions of the sign ordinance due to failure to demonstrate injury-in-fact, but granted standing for commercial speech claims related to billboard bans.
• Cent. Ariz. Water Conservation Dist. v. United States Env't Prot. Agency
  990 F.2d 1531· 9th Cir.· 1993-03-25 ·cited 3×
  The court held that the EPA acted within its statutory authority and did not act arbitrarily or capriciously in promulgating the Final Rule requiring a 90% reduction in sulfur dioxide emissions at the Navajo Generating Station to improve visibility in the Grand Canyon.
• The State of Wyo. v. Lujan
  969 F.2d 877· 10th Cir.· 1992-07-07 ·cited 3×
  The State of Wyoming lacked Article III standing to challenge the Secretary of the Interior's completed exchange of federal coal for a conservation easement because its claimed economic injury was not redressable by a favorable court decision.
• Int'l Longshoremen's & Warehousemen's Union v. Meese
  891 F.2d 1374· 9th Cir.· 1989-08-29 ·cited 3×
  The court held that the crane operators are not 'alien crewmen' under the INA because their primary duties involve cargo handling, not vessel navigation or service, and they lack a permanent connection to the ship.
• Inter-Tribal Council OF Nev., Inc. v. Hodel
  856 F.2d 1344· 9th Cir.· 1988-09-08 ·cited 3×
  The Inter-Tribal Council of Nevada lacked standing to seek forfeiture of the Stewart Indian School property under 25 U.S.C. § 293a because it was not the former beneficial owner, nor did its interests fall within the zone of interests protected by the statute. The Council also la
• Margarite Faras v. Hodel
  845 F.2d 202· 9th Cir.· 1988-04-22 ·cited 3×
  The court held that the plaintiff failed to exhaust administrative remedies under 25 C.F.R. part 2, which is a jurisdictional prerequisite to judicial review.
• DeLOSS v. Dep't OF Hous. & Urban Dev. & Jerry L. Bauer
  822 F.2d 1460· 8th Cir.· 1987-07-02 ·cited 3×
  Property owners have standing to challenge HUD's financing decision for a low-income elderly housing project because their interests as competitors and residents are arguably within the zone of interests protected or regulated by the relevant housing statutes.
• Sec. Indus. Ass'n v. Comptroller OF THE Currency
  765 F.2d 1196· D.C. Cir.· 1985-07-12 ·cited 3×
  The court denied rehearing en banc, affirming the panel's decision which upheld the district court's judgment.
• Sunil Kumar Kurapati v. U.S. Bureau OF Citizenship & Immigr. Servs.
  767 F.3d 1185· 11th Cir.· 2014-09-22 ·cited 2×
  Sunil Kurapati and his wife, beneficiaries of an I-140 visa petition, appealed the district court's dismissal for lack of subject matter jurisdiction of their challenge to USCIS's revocation of the petition. The Eleventh Circuit held that visa petition beneficiaries have constitu
• Movimiento Democracia, Inc. v. Chertoff
  417 F. Supp. 2d 1343· S.D. Fla.· 2006-02-28 ·cited 2×
  The Coast Guard's determination that Cuban refugees landing on the old Seven Mile Bridge were not in the United States was unreasonable and thus not entitled to deference, meaning they should have been considered 'feet dry' under the wet foot/dry foot policy.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• MT. Graham RED Squirrel v. Espy
  986 F.2d 1568· 9th Cir.· 1993-03-03 ·cited 2×
  Deviations from the Management Plan do not, in themselves, constitute violations of the Arizona-Idaho Conservation Act (AICA), and judicial review of the Forest Service's decisions regarding the monitoring program is limited to whether those decisions were arbitrary or capricious
• Boyd Didrickson & Marina Katelnikoff Beck v. United States Dep't of the Interior
  982 F.2d 1332· 9th Cir.· 1992-12-28 ·cited 2×
  The court held that the Friends of the Sea Otter (FSO) have standing to appeal the district court's judgment, and that the FWS regulation excluding sea otter handicrafts from the MMPA exemption is invalid.
• Gosnell v. Fed. Deposit Ins. Corp.
  938 F.2d 372· 2d Cir.· 1991-07-10 ·cited 2×
  Disappointed bidders lack standing under FIRREA to challenge the FDIC's asset disposition decisions, as these decisions are granted broad discretion and do not fall within the zone of interests protected by the statute.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Cal. Energy Comm'n v. Bonneville Power Administration
  909 F.2d 1298· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that the Bonneville Power Administration's Long-Term Intertie Access Policy (LTIAP) reasonably balances statutory directives and is not arbitrary, capricious, or in excess of statutory authority.
• Kan. City S. Indus., Inc. v. Interstate Commerce Comm'n
  902 F.2d 423· 5th Cir.· 1990-06-07 ·cited 2×
  The court affirmed the ICC's approval of the merger, finding that the ICC did not err in its statutory interpretation, factual findings, or discretionary decisions regarding joinder and financial conditions.
• United States v. Otto Kerner, Jr.
  895 F.2d 1159· 7th Cir.· 1990-02-09 ·cited 2×
  An estate lacks standing to bring a petition for a writ of error coram nobis because it falls outside the "zone of interests" protected by the writ, which is personal to the deceased individual.
• Fed. Deposit Ins. Corp. v. Anthony Marina
  892 F.2d 1522· 11th Cir.· 1990-01-29 ·cited 2×
  The court held that borrowers lacked standing to challenge the FDIC's receivership and that certain testimony regarding an accord and satisfaction was improperly excluded. The court affirmed the denial of a directed verdict on the prime rate issue.
• Phico Ins. Co. v. Providers Ins. Co.
  888 F.2d 663· 10th Cir.· 1989-10-27 ·cited 2×
  The court held that an insurer who receives timely oral notice of a claim and acts upon it, without showing actual prejudice, cannot deny coverage based on the insured's failure to provide written notice as required by the policy.
• Michael v. Roberts
  883 F.2d 617· 8th Cir.· 1989-08-21 ·cited 2×
  An unsuccessful candidate does not have standing under the Voting Rights Act to challenge election results based on alleged discriminatory voting procedures.
• Clayton v. White Hall Sch. Dist.
  875 F.2d 676· 8th Cir.· 1989-05-26 ·cited 2×
  The court held that the plaintiff had standing to bring a Title VII claim for a hostile working environment, but that a single incident of alleged discrimination was insufficient to establish such a claim. The court also held that the school district's residency policy had a rati
• Glasgow, Inc. v. Federal Highway Administration and Manuel A. Marks
  843 F.2d 130· 3d Cir.· 1988-03-29 ·cited 2×
  The court held that the Federal Highway Administration (FHWA) has discretion in concurring with state highway contract awards and did not abuse that discretion by refusing to concur when the state agency settled a lawsuit with the low bidder by reducing the Disadvantaged Business
• LAW Offs. OF Seymour M. Chase, P.C. v. Fed. Commc'ns Comm'n & United States
  843 F.2d 517· D.C. Cir.· 1988-03-25 ·cited 2×
• Sims v. State
  832 F.2d 1558· 11th Cir.· 1987-12-02 ·cited 2×
  The court held that the appellees lacked standing to challenge Florida's statute requiring federal certification for titling and registration of gray market vehicles, as the inability to title or register was not a cognizable injury because federal law already prohibited operatio
• Manhattan Tankers, Inc. v. Dole
  787 F.2d 667· D.C. Cir.· 1986-04-11 ·cited 2×
  The court held that existing competitors in the coastwise trade are not entitled to participate in appraisal proceedings under the Wrecked Vessels Statute, and the Coast Guard's decision to enroll the vessel was sufficiently reasoned and supported by the record.
• Moses v. Banco Mortg. Co.
  778 F.2d 267· 5th Cir.· 1985-12-16 ·cited 2×
  Appellants lack standing to challenge HUD's interpretation of its regulation because they are not within the zone of interests protected by the regulation. The district court did not err in dismissing the federal claims and declining to exercise pendent jurisdiction over the stat
• The State OF Ohio v. United States Dep't OF Transp. & the Materials Transp. Bureau
  766 F.2d 228· 6th Cir.· 1985-06-27 ·cited 2×
  The State of Ohio has standing to seek judicial review of a federal regulation that preempts its state statute requiring prenotification of radioactive material shipments.
• NEW Jersey Speech-Language-Hearing Ass'n v. Prudential Ins. Co. OF Am.
  724 F.2d 383· 3d Cir.· 1983-12-29 ·cited 2×
  The Medicare Act's express grant of standing to providers evidences a congressional intent to preclude suppliers of services from seeking judicial review of reimbursement procedures or amounts.
• Leath v. Stetson
  686 F.2d 769· 9th Cir.· 1982-09-07 ·cited 2×
  The court held that the Air Force was immune from suit for contribution and the Union lacked standing to pursue the employee's claims against the Merit Systems Protection Board.
• Allapattah Cmty. Ass'n, Inc. v. Landrieu
  502 F. Supp. 436· S.D. Fla.· 1980-12-02 ·cited 2×
  The court held that the plaintiffs lacked standing to challenge the construction of a low-income housing project because their alleged injuries were not within the zone of interests protected by the relevant statute, and there was no implied cause of action for their benefit.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Pennington v. United States Postal Serv.
  627 F.2d 534· D.C. Cir.· 1980-06-26 ·cited 2×
  The court held that Pennington has standing to appeal the Postal Service's decision regarding red-tag service, but remanded the case to allow the Postal Rate Commission to consider the claims in a new, ongoing proceeding using updated cost methods.
• Westport Taxi Serv., Inc. v. Brock Adams
  571 F.2d 697· 2d Cir.· 1978-01-24 ·cited 2×
  The court held that the Urban Mass Transportation Act's procedural requirements under 49 U.S.C. § 1602(d) apply to demonstration projects if they substantially affect a community, and that a traditional exclusive-ride taxi service is not a 'mass transportation company' protected
• Starbuck v. City & Cnty. OF SAN Francisco
  556 F.2d 450· 9th Cir.· 1977-06-28 ·cited 2×
  The court held that residents and consumers lack a private cause of action under the Raker Act and also lack standing to seek review under the Administrative Procedure Act for the Secretary of the Interior's inaction.
• Am. Postal Workers Union, AFL-CIO v. Indep. Postal Sys. OF Am., Inc.
  481 F.2d 90· 6th Cir.· 1973-06-26 ·cited 2×
  A union representing postal employees lacks standing to sue private mail carriers under the Private Express Statute, as the statute is criminal and does not create a private right of action for their benefit.
• Tucker v. Hardin
  430 F.2d 737· 1st Cir.· 1970-08-14 ·cited 2×
  The Secretary of Agriculture may require communities to pay local distribution costs for surplus commodities, as this rule is consistent with Congressional intent and the Equal Protection Clause of the Fifth Amendment.
• Dep't of Health v. Leafly Holdings, Inc.
  369 So. 3d 333· Fla. 1st DCA· 2023-08-09 ·cited 1×
  The appellate court affirmed a lower court's decision that a Florida Department of Health memo constituted an unpromulgated rule. The memo warned medical marijuana treatment centers against contracting with Leafly for online ordering services, but the court found this warning wen
• ABC Fine Wine & Spirits v. Target Corp.
  321 So. 3d 896· Fla. 1st DCA· 2021-05-19 ·cited 1×
  This case involves a challenge to a Florida administrative rule defining items "customarily sold in a restaurant" for liquor license purposes. The appellate court affirmed the rule's invalidity but reversed the lower court's decision that intervenors lacked standing to support th
• Finn v. Kent Sec. Servs., Inc.
  1992 WL 96195· S.D. Fla.· 2013-11-06 ·cited 1×
  The court held that the plaintiff failed to adequately plead a claim for discrimination under Title VII and failed to sufficiently allege an adverse employment action for a retaliation claim, warranting dismissal without prejudice.
• E. Coast Recycling, Inc. v. City of Port St. Lucie
  234 F. Supp. 2d 1259· S.D. Fla.· 2002-11-13 ·cited 1×
  The court held that the city and county ordinances and interlocal agreement do not violate the dormant commerce clause or substantive due process rights, and thus granted summary judgment for the defendants.
• Lofton v. Butterworth
  93 F. Supp. 2d 1343· S.D. Fla.· 2000-04-21 ·cited 1×
  The court held that most plaintiffs lacked standing to challenge Florida's statute barring homosexual adoption because they failed to demonstrate an actual or imminent injury in fact, while one plaintiff who had applied to adopt and been rejected did have standing.
• Stock W. Corp. v. Lujan
  982 F.2d 1389· 9th Cir.· 1993-01-13 ·cited 1×
  The court held that Stock West has prudential standing to challenge the timeliness of its administrative appeal and that dismissal for nonjoinder of the Tribe was not warranted. However, Stock West must exhaust administrative remedies before seeking judicial review of the underly