arbitrary and capricious

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The standard of review applicable to a transaction has enormous implications for any litigation--which inevitably follows from the announcement of a large public-company deal, Regardless of the merits of such suits, the standard of review affects the timing within which unmeritorious actions can be dismissed, and this affects litigation costs, people costs due to time devoted to discovery, etc.
The applicable standard of review might influence which issues to appeal and how to frame them.
Appellate Standard of Review of ITC's AD/CVD Determinations
Topics include: conformity assessment procedures; transparency obligations; standard of review in TBT cases; international standards; mutual recognition agreements and equivalence agreements; WTO legal restrictions on the use of WTO-plus technical regulations in preferential trade agreements; the TBT Agreement and developing countries; contemporary problems of climate change and the TBT Agreement; consumer information, consumer preferences, and product labels under the TBT Agreement; the TBT Agreement and private standards; and technical barriers to trade in information and communication technologies.
Laws regulating commercial speech (such as the laws that used to prohibit lawyers from advertising) are typically evaluated under the intermediate scrutiny standard of review.
Rosenblum argued that Oregon's ban "cannot withstand a federal constitutional challenge under any standard of review.
2) In 2012, judges from both the Sixth Circuit and Ninth Circuit Courts of Appeals recognized both intra-circuit confusion and an inter-circuit split on what standard of review should apply to a district court's determination of whether evidence is admissible under the hearsay rules and exceptions.
Before Dunsmuir, the standard of review of administrative action was determined by application of the "pragmatic and functional" analysis.
The reason is simple: The scope of appellate review is limited by a specific standard of review based on the type of case and the issue being appealed.
When examining the chances of success or failure in an appellate proceeding, one method of analysis begins by factoring the very nature of the order entered, which defines the scope of inquiry and intersects with the standard of review.
The focus is strictly on what courts may and may not consider in terms of standard of review.
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