October 31, 2005

The Supreme Court today declined to review a divided 4th Circuit decision that class-action lawsuits over radiation exposure were not pre-empted by federal law.

The lawsuits allege mobile-phone companies put consumers at risk by not supplying them headsets to limit radiation exposure.

Justices John Roberts, Stephen Breyer and retiring Sandra Day O'Connor did not take part in the consideration of industry's petition seeking review of the 4th Circuit ruling in March.

The high court's ruling is a major legal setback for the mobile-phone industry because it means most headset lawsuits will go forward in state courts in Georgia, Maryland, Pennsylvania and New York.

Another headset case likely will be transferred from U.S. District Court Judge Catherine Blake of Maryland to a federal court in Louisiana.

The Supreme Court's refusal to take the 4th Circuit case also could hurt the cellular industry's motion to have six brain-cancer lawsuits thrown out of the District of Columbia Superior Court on federal pre-emption grounds.

Source: RCR News