8 results for 'judge:"Randolph"'.
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, Labor / Unions
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
[Consolidated.] J. Randolph denies Rite Aid's petition for review of the National Labor Relations Board’s determination it had committed unfair labor practices when it refused to continue to negotiate with the union about the employees' benefit plan and unilaterally instituted its own plan. Contrary to Rite Aid's argument, the parties had not reached an impasse.
Court: DC Circuit, Judge: Randolph, Filed On: November 3, 2023, Case #: 22-1204, Categories: Employment, Labor / Unions
J. Randolph finds the lower court properly convicted defendant of driving under the influence (DUI) third offense. Defendant was pulled over after almost colliding with a police vehicle on a roadway. During the traffic stop, the officer saw an open beer can in the console of the vehicle and smelled alcohol on the defendant, resulting in a certified DUI officer being called to the scene. The certified DUI officer administered a field sobriety test, which defendant failed, and she was taken into custody and ticketed for careless driving and driving under the influence. Defendant argues the lower court’s handling of jury instructions prejudiced the outcome of her trial, and that she received ineffective assistance from trial counsel. The instant court finds no error in the lower court’s handling of jury instructions and that the defendant abandoned her ineffective assistance of counsel claim by failing to state an issue. Affirmed.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: September 21, 2023, Case #: 2022-KA-00754-SCT, Categories: Ineffective Assistance, Dui, Jury Instructions
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: Landlord Tenant, Conversion, Contract
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J. Randolph reverses the district court's dismissal of an individual's second action related to her allegations she was sexually abused by a teacher when she was 14 years old and remained in the relationship for five years. The statute of limitations changed between the dismissal of her first action, which was dismissed for untimeliness, and the filing of her second action, which was dismissed on res judicata grounds. Reversed.
Court: DC Circuit, Judge: Randolph, Filed On: June 13, 2023, Case #: 22-7021, Categories: Civil Procedure, Tort
J. Randolph upholds defendant's 18-year sentence for his firearm conviction. Defendant fails to show the district court improperly relied on an invalidated clause within the Armed Career Criminal Act when it sentenced him. Affirmed.
Court: DC Circuit, Judge: Randolph, Filed On: June 2, 2023, Case #: 18-3063, Categories: Firearms, Sentencing
J. Randolph upholds the district court’s dismissal of an antitrust action filed by 46 states, a territory and the District of Columbia against Meta Platforms. The states unduly delayed filing suit. Affirmed.
Court: DC Circuit, Judge: Randolph, Filed On: April 30, 2023, Case #: 21-7078, Categories: Antitrust, Civil Procedure