"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.
The court next concludes that the state agencies' decision not to conduct a combined effect analysis does not render their issuance of a Section 401 Upland Certification arbitrary and capricious
for three reasons.
Kasi naging whimsical and capricious
, it appears, ang move na ginawa ng mga congressmen identified with now Speaker Arroyo and Rep.
show more sincerity and flexibility, instead of being capricious
and put the blame on others," he said.
SOFIA/TEHRAN: A top European Union official branded President Donald Trump selfish and capricious
Wednesday as EU leaders gathered to count the likely economic damage U.S.
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.
Super Trouper IT is really very very confusing TO be at one of your public discourses, When just yesterday you were so amusing As the two of us toured England's racecourses, You were driving, I sat by you map-reading, When the horse escaped it was hilarious, How you held your temper was astounding - Like an old old friend you stayed capricious
. Now I see you addressing this stadium, You must truly be some great authority, Thousands fix their gaze upon your pendulum, They say you're the sage of the majority, But if you'd a hundred billion followers I'd still see you in that scruffy pullover.
The petitioner alleged that the decision was illegal, capricious
arbitrary, void ab-initio and against the principle of natural justice.
IN A landmark judgment in times of judicial activism, the Supreme Court on Friday said courts should not transgress into the government's policy matters unless it was " capricious
or not informed by reasons or totally arbitrary and violative of right to equality of citizens".
, an abuse of discretion, or otherwise not in accordance with law." (16) Agency action is arbitrary and capricious
when, for example, the agency relied on considerations irrelevant to the statute, failed to consider a significant aspect of the problem, or failed to reasonably explain why it made the choices embodied in the regulation.
is the sequel to Audacious (Orca, 2013/VOYA December 2013), Prendergast's debut young adult novel.
The court held that an MSHA district manager has broad discretion to disapprove a mine operator's proposed ventilation plan for an underground coal mine, and may do so as long as the decision is not arbitrary and capricious
. According to the agency, the court rejected the contention that an operator may ask the Federal Mine Safety and Health Review Commission to substitute its judgment for MSHA's in approving or disapproving a ventilation plan MSHA determines is inadequate to address health and safety requirements and the particular conditions of the mine.