7 results for 'judge:"Callahan"'.
J. Callahan finds that the district court properly dismissed a railway company's federal lawsuit against the City of Fort Bragg and the California Coastal Commission challenging efforts to regulate the use and maintenance of railway properties in the city. The court properly applied an eight-factor test to determine that the federal matter should be dismissed. Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: August 29, 2024, Case #: 23-15857, Categories: Municipal Law
J. Callahan dismisses in part an immigrant's petition for review of a decision of the Board of Immigration Appeals in a matter in which he was a conditional permanent resident based on marriage. Due to divorce, the immigrant was unable to file a joint petition with his spouse to remove the conditions on his status. The court did not have jurisdiction to address the immigrant’s factual challenge to an adverse credibility finding and rejected, for lack of prejudice, the immigrant's argument that the agency violated his due process rights by failing to provide a complete hearing transcript.
Court: 9th Circuit, Judge: Callahan , Filed On: August 26, 2024, Case #: 21-1325, Categories: Immigration, Jurisdiction
J. Callahan denies a petition for review of the U.S. Nuclear Regulatory Commission's decision granting Pacific Gas & Electric's request for an exemption to the deadline for a federal license renewal application for the continued operation of the Diablo Canyon Nuclear Power Plant.
Court: 9th Circuit, Judge: Callahan, Filed On: April 29, 2024, Case #: 23-852, Categories: Energy, Licensing
[Consolidated] J. Callahan dismisses three consolidated appeals challenging the district court’s decision to remand each of the underlying product liability actions back to California state court. The three consolidated product liability matters were dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Callahan, Filed On: April 10, 2024, Case #: 23-55403, Categories: Product Liability, Jurisdiction
J. Callahan finds that the district court properly dismissed, for failure to state a claim, an action alleging violations of the Securities Exchange Act when a biopharmaceutical company's chief executive officer and vice president announced that it might have discovered a “cure” for Covid-19. In context, the company’s representations in a press release, a Fox News article and a BioSpace.com article were not materially false or misleading. The allegations in stockholders' class-action complaint did not support the requisite strong inference of scienter in the company’s intent to improperly manipulate the price of the company's shares. Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: March 25, 2024, Case #: 22-55641, Categories: Securities, Covid-19
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J. Callahan finds that the district court properly granted summary judgment in favor of agricultural associations and enjoins the California Attorney General from enforcing Proposition 65’s carcinogen warning requirement for the herbicide glyphosate, best known as the active ingredient in the herbicide Roundup. The proposed Proposition 65 warnings as applied to glyphosate were not purely factual and uncontroversial and were therefore subject to "intermediate scrutiny." Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: November 7, 2023, Case #: 20-16758, Categories: Administrative Law, Agriculture
J. Callahan finds that the district court properly imposed a sentence on defendant after a guilty plea to possessing a firearm as a felon. The panel rejected defendant’s argument that there was insufficient evidence to support the district court’s finding that he possessed a firearm in connection with another felony offense under Montana law for purposes of applying the enhancement. Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: October 4, 2023, Case #: 22-30030, Categories: Evidence, Firearms