Brain-Broilers to get legal zap
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bid to block consumer lawsuits that claim radiation from the devices
puts users at increased risk of brain cancer and other illnesses.
The justices turned away arguments from Schaumburg-based Motorola Inc.,
Nokia Inc. and other phonemakers, which said wireless-phone regulations
issued by the Federal Communications Commission preclude traditional
suits based on state law. The high court left intact a decision that
let a class-action suit against the industry go forward.
It is among the first set of class-action suits brought against the
entire mobile-phone industry. Analysts say the case could open the door
to multimillion-dollar claims against the industry by cancer victims.
The case centers on the legal effect of FCC standards that govern radio
frequency emissions and require authorization of phones sold or leased
in the country. The industry says those rules, first adopted in 1996,
pre-empt any additional requirements under state law, including those
imposed through lawsuits.
Consumer claims "seek to upset the balance struck by the FCC and
replace it with a more protective regime," the companies said in court
filings.
The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled 2-1 that
the claims weren't trumped by U.S. law and could proceed in federal
court. It also said four other class-action suits could proceed in
state courts.
Consumers who filed the suit in Louisiana urged the Supreme Court not
to get involved.
"The 4th Circuit was justified in assuming as it did that the new FCC
regulation was not meant to dislodge the historic police powers of
Louisiana in regulating the health and safety aspects of consumer
products," the group argued."
Strings and cans anyone? JG
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