Third Circuit Asked to Revive Class Action over Cell Phone Hazards
Attorneys for plaintiffs have gone to the U.S. Third Circuit Court of Appeals and asked that the court revive a class action in Pennsylvania over the cancer risks of cell phone usage that would require cell phone manufacturers to provide headsets with every cell phone to increase safety.
The trial court judge dismissed the lawsuit because he concluded that it would interfere with the authority of the Federal Communication Commission (FCC). The FCC has exclusive authority to regulate radio frequency (RF) emissions from cell phones. And the defendants continue to argue that the case is preempted by the FCC’s regulatory power over cell phones. In fact, defense attorneys say, the safety of cell phones cannot be questions without interfering with the FCC’s authority.
