arbitrary and capricious standard in Louisiana

51 Louisiana opinions name it 2 courts 1987–2026 6 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Save Ourselves, Inc. v. La. Environ. Cont. Com'ngreen la · 1984 · cited in 9 Louisiana opinions naming this issue, 1999–2014 2 sentences 2014Save Ourselves, Inc. v. Louisiana Environmental Control Com’n, 452 So.2d 1152, 1159 (La.1984). 2014Save Ourselves, Inc. v. Louisiana Environmental Control Com’n, 452 So.2d 1152, 1159 (La.1984), On legal issues, the reviewing court gives no special weight to the findings of the administrative tribunal, but conducts a de novo review of questions of law and renders judgment on the record.	8	9
Brown v. Texas-LA Cartage, Inc.green la · 1998 · cited in 10 Louisiana opinions naming this issue, 1999–2010 2 sentences 2010The supreme court discussed the difference between an arbitrary and capricious standard and a reasonably controverted standard in Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), 721 So.2d 885 . 2006WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY, UNABRIDGED 110, 333 (1966). [1] Further, the arbitrary and capricious standard requires conduct that is more egregious than that required by La.R.S. 23:1201(F), which imposes penalties and attorney fees when the employer or insurer fails to timely pay a claim that is not "reasonably controverted." Brown, 721 So.2d 885 .	2	10
Palermo Land Co. v. Planning Com'n of Calcasieu Parishgreen la · 1990 · cited in 2 Louisiana opinions naming this issue, 1998–2014 2 sentences 2014Civello, 154 La. 271 , 97 So. 440 (1923)) in Palermo Land Co. v. Planning Com’n of Calcasieu Parish, 561 So.2d 482, 493 (La.1990), holding that the burden of proof is on plaintiffs to show an arbitrary and unreasonable exercise of authority, and that whenever the propriety of a zoning decision is debatable, it will be upheld. 1998Civello, 154 La. 271 , 97 So. 440 (1923)) in Palermo Land Co. v. Planning Com'n of Calcasieu Parish, 561 So.2d 482, 493 (La. 1990), holding that the burden of proof is on plaintiffs to show an arbitrary and unreasonable exercise of authority, and that whenever the propriety of a zoning decision is debatable, it will be upheld.	2	2
Bowers v. Firefighters' Retirement Systemgreen la · 2009 · cited in 5 Louisiana opinions naming this issue, 2019–2024 2 sentences 2024Bowers, 08-1268, pp. 4-5, 6 So. 3d at 176 . 2022App. 4 Cir. 12/4/19), 286 So.3d 524 , 532 (citing Bowers v. Firefighters’ Retirement System, 08-1268, p. 4 (La. 3/17/09), 6 So.3d 173, 176 ).	1	5
Graffeo v. City of New Orleansgreen lactapp · 1977 · cited in 1 Louisiana opinions naming this issue, 1991–1991 1 sentence 1991"Arbitrariness is the absence of a rational basis." Graffeo v. City of New Orleans, 351 So.2d 1311, 1314 (La.	1	1
Lillian Yanks Rehmar v. Bernard L. Smithgreen ca9 · 1977 · cited in 1 Louisiana opinions naming this issue, 1987–1987	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (25)

Case	Cited	Years
Rochon v. Whitley green lactapp · 1997 2 sentences 2000Washington v. Louisiana State Penitentiary, supra; Rochon v. Whitley, 96-0835, p. 5 (La.App. 1st Cir.2/14/97), 691 So.2d 189, 192 . 1999Save Ourselves, Inc. v. Louisiana Environmental Control Commission, 452 So.2d 1152, 1159 (La. 1984); Rochon v. Whitley, 691 So.2d at 192 .	3	1999–2000
Chelette v. American Guar. & Liability Ins., Inc. green lactapp · 1985 2 sentences 1991Similarly, in Chelette v. American Guarantee and Liability Insurance, Inc., 480 So.2d 363 (La.App. 3rd Cir.1985), we held that the arbitrary and capricious standard was still the correct manner for assessing the employee's claim for an award of attorney's fees. 1989Chelette v. American Guar. & Liability Ins., 480 So.2d 363 (La.App. 3 Cir. 1985).	3	1988–1991
ALLIANCE FOR ENERGY v. Council green la · 1996 2 sentences 2020Alliance For Affordable Energy v. Council of City of New Orleans, 96-0700 (La. 7/2/96), 677 So.2d 424 , 434. 2009Alliance For Affordable Energy v. Council of City of New Orleans, 96-0700 (La.7/2/96), 677 So.2d 424, 434 .	2	2009–2020
Gordon v. Council of City of New Orleans neutral la · 2009 2 sentences 2019The court further referenced its history of reviewing orders of the LPSC under the arbitrary and capricious standard and concluded that, "[a]s both the LPSC and the Council are regulators of public utilities and experts in their knowledge of that field, we apply the same standard of review to the Council as we do to the LPSC." Id. 2019The court further referenced its history of reviewing orders of the LPSC under the arbitrary and capricious standard and concluded that, "[a]s both the LPSC and the Council are regulators of public utilities and experts in their knowledge of that field, we apply the same standard of review to the Council as we do to the LPSC." Id.	2	2019–2019
State ex rel. Civello v. City of New Orleans green la · 1923 2 sentences 2014Civello, 154 La. 271 , 97 So. 440 (1923)) in Palermo Land Co. v. Planning Com’n of Calcasieu Parish, 561 So.2d 482, 493 (La.1990), holding that the burden of proof is on plaintiffs to show an arbitrary and unreasonable exercise of authority, and that whenever the propriety of a zoning decision is debatable, it will be upheld. 2014Civello, 154 La. 271 , 97 So. 440 (1923)) in Palermo Land Co. v. Planning Com’n of Calcasieu Parish, 561 So.2d 482, 493 (La.1990), holding that the burden of proof is on plaintiffs to show an arbitrary and unreasonable exercise of authority, and that whenever the propriety of a zoning decision is debatable, it will be upheld.	2	1998–2014
Newman v. Department of Fire green la · 1983 2 sentences 2003In Newman v. Department of Fire, 425 So.2d 753 (La.1983), the Supreme Court discussed the arbitrary and capricious standard as follows: Disciplinary action against a civil service employee will be deemed arbitrary and capricious unless there is a real and substantial relationship between the improper conduct and the “efficient operation” of the public service. 2002In Newman v. Department of Fire, 425 So.2d 753 (La. 1983), the supreme court discussed the arbitrary and capricious standard as follows: Disciplinary action against a civil service employee will be deemed arbitra^ and capricious unless there is a real and substantial relationship between the improper conduct and the “efficient operation” of the- public service.	2	2002–2003
Carpenter v. STATE, DEP. OF HEALTH AND HOS. green lactapp · 2006 1 sentence 2026Carpenter, 944 So.2d 604 .	1	2026–2026
TRUSTEES UNDER WILL ETC. v. Town of Westlake green lactapp · 1978 1 sentence 2023In asserting that the split-zoning is illegal, the LLC also cites Trustees Under Will of Pomeroy v. Town of Westlake, 357 So.2d 1299 (La.	1	2023–2023
Nolan v. State neutral lactapp · 2014 1 sentence 2018Nolan, 148 So.3d at 202 .	1	2018–2018
WOMEN'S AND CHILDREN'S HOSPITAL v. State neutral la · 2008 1 sentence 2013“The trial court applies the mani fest error standard of review in reviewing the facts as found by an administrative tribunal; the trial court applies the arbitrary and capricious test in reviewing the administrative tribunal’s conclusions and its exercise of discretion.” Women’s and Children’s Hosp. v. State Dep’t of Health and Hosps., 07-1157, p. 8 (La.App. 1 Cir. 2/8/08), 984 So.2d 760, 766 , writ granted, 08-946 (La.6/27/08), 983 So.2d 1287 , affirmed, 08-946 (La.1/21/09), 2 So.3d 397 .	1	2013–2013
Women's and Children's Hospital v. State green lactapp · 2008 1 sentence 2013“The trial court applies the mani fest error standard of review in reviewing the facts as found by an administrative tribunal; the trial court applies the arbitrary and capricious test in reviewing the administrative tribunal’s conclusions and its exercise of discretion.” Women’s and Children’s Hosp. v. State Dep’t of Health and Hosps., 07-1157, p. 8 (La.App. 1 Cir. 2/8/08), 984 So.2d 760, 766 , writ granted, 08-946 (La.6/27/08), 983 So.2d 1287 , affirmed, 08-946 (La.1/21/09), 2 So.3d 397 .	1	2013–2013
Women's & Children's Hospital v. State, Department of Health & Hospitals green la · 2009 1 sentence 2013“The trial court applies the mani fest error standard of review in reviewing the facts as found by an administrative tribunal; the trial court applies the arbitrary and capricious test in reviewing the administrative tribunal’s conclusions and its exercise of discretion.” Women’s and Children’s Hosp. v. State Dep’t of Health and Hosps., 07-1157, p. 8 (La.App. 1 Cir. 2/8/08), 984 So.2d 760, 766 , writ granted, 08-946 (La.6/27/08), 983 So.2d 1287 , affirmed, 08-946 (La.1/21/09), 2 So.3d 397 .	1	2013–2013
Entergy Louisiana, LLC v. Lpsc green la · 2008 1 sentence 2009Entergy Louisiana, LLC v. Louisiana Public Service Com’n, 08-0284 (La.7/01/08), 990 So.2d 716, 723 .	1	2009–2009
Samuels v. Goodwin green lactapp · 2006 1 sentence 2008Samuels v. Goodwin, 2005-2131, p. 4 (La.App. 1st Cir.11/3/06), 950 So.2d 736, 738 .	1	2008–2008
Fontenot v. Reddell Vidrine Water Dist. green la · 2003 1 sentence 2003Fontenot, 02-0439, p. 9 (La.1/14/03), 836 So.2d 14, 21 .	1	2003–2003
Schackai v. Louisiana Bd. of Massage Therapy green la · 2000 1 sentence 2002The elements of La.R.S. 49:964(G)(5) and (6), require that the tax commission must make decisions that are not arbitrary or capricious and that are supported and sustainable by a "preponderance of the evidence as determined by the reviewing court." Furthermore, Schackai v. Louisiana Bd. of Massage Therapy, 99-1957, 99-1958, p. 9 (La.App. 1 Cir. 9/22/00); 767 So.2d 955, 960 , writ denied, 00-2898 (La.12/8/00); 776 So.2d 464 states: The arbitrary and capricious test is used in reviewing the administrative tribunal's conclusions and its exercise of discretion.	1	2002–2002
Schackai v. Louisiana Bd. of Massage Therapy green lactapp · 2000 1 sentence 2002The elements of La.R.S. 49:964(G)(5) and (6), require that the tax commission must make decisions that are not arbitrary or capricious and that are supported and sustainable by a "preponderance of the evidence as determined by the reviewing court." Furthermore, Schackai v. Louisiana Bd. of Massage Therapy, 99-1957, 99-1958, p. 9 (La.App. 1 Cir. 9/22/00); 767 So.2d 955, 960 , writ denied, 00-2898 (La.12/8/00); 776 So.2d 464 states: The arbitrary and capricious test is used in reviewing the administrative tribunal's conclusions and its exercise of discretion.	1	2002–2002
Banks v. Indus. Roofing & Sheet Metal green la · 1997 1 sentence 1999In such cases, the arbitrary and capricious standard applies. [6] Appellants rely on Banks, supra, asserting that, like Banks , this is a close factual case; and, therefore, penalties and attorney fees are inappropriate.	1	1999–1999
Lake Forest, Inc. v. BD. OF ZONING ADJUSTMENTS OF CITY OF NEW ORLEANS green la · 1986 1 sentence 1998Furr v. Mayor and City Council of Baker, 408 So.2d 248 (La. 1981); Lake Forest, Inc. v. Board of Zoning Adjustments of City of New Orleans, 487 So.2d 133 (La.App. 4 Cir.) writ denied 496 So.2d 1030 (La.1986).	1	1998–1998
Lake Forest, Inc. v. BD. OF ZONING ADJUST. OF CITY OF NEW ORLEANS green lactapp · 1986 1 sentence 1998Furr v. Mayor and City Council of Baker, 408 So.2d 248 (La. 1981); Lake Forest, Inc. v. Board of Zoning Adjustments of City of New Orleans, 487 So.2d 133 (La.App. 4 Cir.) writ denied 496 So.2d 1030 (La.1986).	1	1998–1998
Furr v. Mayor and City Council of Baker green la · 1981 1 sentence 1998Furr v. Mayor and City Council of Baker, 408 So.2d 248 (La. 1981); Lake Forest, Inc. v. Board of Zoning Adjustments of City of New Orleans, 487 So.2d 133 (La.App. 4 Cir.) writ denied 496 So.2d 1030 (La.1986).	1	1998–1998
Firestone Tire & Rubber Co. v. Bruch green scotus · 1989 2 sentences 1995In Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989), Firestone contended that congressional action after the passage of ERISA indicated that Congress intended ERISA claims to be reviewed under the arbitrary and capricious standard. 1995In Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989), Firestone contended that congressional action after the passage of ERISA indicated that Congress intended ERISA claims to be reviewed under the arbitrary and capricious standard.	1	1995–1995
United States v. Price green scotus · 1960 2 sentences 1995Without more, we cannot ascribe to Congress any acquiescence in the arbitrary and capricious standard. `[T]he views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one.' U.S. v. Price, 361 U.S. 304, 313 , 80 S.Ct. 326, 332 , 4 L.Ed.2d 334 (1960). 1995Without more, we cannot ascribe to Congress any acquiescence in the arbitrary and capricious standard. `[T]he views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one.' U.S. v. Price, 361 U.S. 304, 313 , 80 S.Ct. 326, 332 , 4 L.Ed.2d 334 (1960).	1	1995–1995
Coliseum Square Ass'n v. City of New Orleans green la · 1989 1 sentence 1993Coliseum Square Association v. New Orleans, 544 So.2d 351, 360 .	1	1993–1993
Theriot v. American Employees Ins. Co. green lactapp · 1986 1 sentence 1987Theriot v. American Employees Insurance Company, 482 So.2d 648 (La.App. 3rd Cir.1986).	1	1987–1987

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (13) LA § La. Rev. Stat. § 49:964 (11) LA § La. Rev. Stat. § 23:1221 (8) LA § La. Rev. Stat. § 12 (6) LA § La. Rev. Stat. § 23:1021 (5) LA § La. Rev. Stat. § 49:965 (5) LA § La. Rev. Stat. § 15:1171 (4) LA § La. Rev. Stat. § 15:1177 (4) LA § La. Rev. Stat. § 3 (4) LA § La. Rev. Stat. § 49:951 (4) LA § La. Rev. Stat. § 1:4 (3) LA § La. Rev. Stat. § 49:960 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 154 (1973–2026) WA 95 (1976–2026) WY 90 (1989–2024) LA 51 (1987–2026) MS 35 (1991–2024) TX 35 (1990–2025) NJ 35 (1992–2026) CA 34 (1977–2026) AL 25 (2000–2026) MD 25 (1980–2024) MA 19 (1977–2023) IN 18 (1987–2019) KS 17 (1984–2020) RI 17 (2002–2019) IL 16 (1978–2020) WV 14 (1995–2025) MN 13 (1986–2019) MT 11 (1989–2025) WI 10 (1977–2015) MI 9 (1984–2026) AK 8 (1990–1997) UT 8 (1983–2024) HI 8 (2014–2021) TN 7 (2002–2022) NC 6 (1989–2004) NV 6 (2017–2020) NM 6 (1992–2025) FL 5 (1981–2010) CO 4 (1994–1996) DE 3 (1995–2021) VA 3 (1982–2001) PA 3 (1999–2026) OK 3 (2003–2018) AR 2 (1993–2025) OR 2 (2023–2023) OH 2 (1989–1999) VT 2 (2019–2021) SC 2 (1996–2021) ME 2 (1989–2005) ND 2 (2018–2018) KY 2 (1987–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check