arbitrary and capricious

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Third, contractors also should keep in mind that in some cases they may be entitled to recover monetary damages if they can show the government's arbitrary and capricious performance evaluation "constituted bad faith and a breach of the [agency's] duty of good faith and fair dealing." Though it can be challenging to prevail on a claim for breach of the duty of good faith and fair dealing, it will be a viable theory of recovery in many CPARS rating cases, particularly those where there is clear evidence of government bias or overreach that can be developed further through discovery.
"As the city proffered no real explanation for why the denial of the rezoning request was necessary to preserve the public health, safety, morals, and general welfare, the circuit court properly determined that the denial did not advance a reasonable government interest and was instead arbitrary and capricious," the appeals court opinion stated.
"The takeaway for attorneys who represent pension plan administrators is that the Supreme Court has bolstered and reinforced its adherence to the arbitrary and capricious standard that is used with respect to pension plans governed by federal law," he said.
"In an Employee Retirement Income Security Act ('ERISA') benefits case, a decision made by a plan administrator who has discretion 'to determine eligibility for benefits or to construe the terms of the plan' is subject to an abuse of discretion, or arbitrary and capricious, standard of review.
In addition, petitioners successfully establish traceability and redressability given that we could vacate the board's decision and determine that its decision was not based on a reasonable assurance and instead was arbitrary and capricious. Petitioners' injuries could be remedied if the board required Atlantic to take additional measures that would address petitioners' grievances.
In Thursday's ruling, 9th Circuit Judge Kim Wardlaw said California and other plaintiffs were likely to succeed with their claim that the decision to end DACA was arbitrary and capricious.
Regarding the "arbitrary and capricious" claim, the FCC said, "the Commission did not fail to account for any adverse impact that the Order will have on LPFM stations.
The court agreed that the Order's effort to clarify the types of calling equipment that fall within the TCPA's restrictions and approach to calls made to a phone number previously assigned to a person who had given consent but since reassigned to another (nonconsenting) person are arbitrary and capricious and accordingly vacated those portions of the Order.
Nevertheless, we are persuaded that Article I, Section 1 also applies when a governmental entity acts in an arbitrary and capricious manner toward one of its employees by failing to abide by promotional procedures that the employer itself put in place, Hudson added.
Because we find de novo review inapplicable, we next turn to whether Reliances denial of Dragus claim for LTD benefits was arbitrary and capricious. Under the arbitrary and capricious standard, we will uphold the district courts decision so long as (1) it is possible to offer a reasoned explanation, based on the evidence, for a particular outcome, (2) the decision is based on a reasonable explanation of relevant plan documents, or (3) the administrator has based its decision on a consideration of the relevant factors that encompass the important aspects of the problem.
Neustar argues that the FCC's selection of Telcordia was contrary to law or arbitrary and capricious, based on an improper understanding and application of the neutrality regulations.
From the perspective of a plan administrator or an insurance company interpreting a long-term disability plan, the likely effect of this rule is loss of the court's review or having the court review the determination on an arbitrary and capricious standard.