WASHINGTON -(Dow Jones)- The cellular-phone industry Monday failed to stop proceedings in several state class-action lawsuits over whether radiation emitted by cellphones is harmful to consumers who use them.
The U.S. Supreme Court turned away appeals from numerous wireless companies without comment, letting stand a 4th U.S. Circuit Court of Appeals decision allowing five state-level class-action lawsuits to go forward.
The lawsuits name several cellphone makers, including Nokia, Philips Electronics North America Corp., a unit of Koninklijke Philips Electronics NV, Qualcomm Inc., AT&T Corp., Ericsson Inc., Kyocera Wireless Corp., Motorola Inc. and others.
The Fourth Circuit decision reversed a federal trial judge in Baltimore and allowed consumers to sue the cellphone companies under Georgia, Louisiana, Maryland, New York and Pennsylvania state product-liability laws. At the District Court level, the industry had won dismissal of the cases after the trial judge ruled the cases belonged in a federal court rather than state venues.
Underlying the case is scientific uncertainty over whether cellphones actually pose a health risk. The federal government, which regulates wireless signals, says there is no proof of any risks, but studies are reaching conflicting conclusions on the issue.
The lawsuits seek, among other things, warnings on cellphones and reduced radiation emissions from cellphones.
The cellphone industry, in the appeals, said the cases should be handled by the federal courts rather than state courts because the Federal Communications Commission regulates cellphone use in the U.S. In general, corporations prefer to have product-liability lawsuits heard in federal rather than state court because of varying legal standards at the state level.
The cases are Nokia v. Naquin, 05-198, and Cellco Partnership v. Pinney, 05-207.
-By Mark H. Anderson, Dow Jones Newswires; 202 862-9254; mark.anderson@dowjones.com
(END) Dow Jones Newswires"
Posted to the site on 31st October 2005
Posted to: www.cellular-news.com/story/14627.php