Plaintiff pushes court on ruling in headset case.(News)

RCR Wireless News, December, 2006

Byline: JEFFREY SILVA

Mobile-phone companies asked U.S. District Judge Catherine Blake to refer jurisdictional questions to the Federal Communications Commission in connection with brain-cancer and headset lawsuits in Maryland federal court, a request that builds on emerging agency activism in support of the wireless industry in major health litigation.

Wireless defendants pointed to a 2005 Supreme Court ruling and an FCC brief in a D.C. Superior Court case involving six brain-cancer lawsuits as justification for halting proceedings in Louther v. AT&T Corp. and Farina v. Nokia Inc. et al and allowing the telecom agency to be heard on federal pre-emption questions.

"Such a referral will allow the agency to exercise its technical...

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