Judge Denies Discovery in La. RF Radiation Cellphone Lawsuit
U.S. District Judge James Cain for Western Louisiana in Lake Charles signed a memorandum order Monday (docket 2:21-cv-00923) denying Frank Walker's family leave to do discovery in support of their allegations the cellphone industry concealed the known health risks of…
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cellphones (see 2301170001). The Walkers’ April 2021 complaint argues the cellphone industry quashed information showing many phones don’t comply with the FCC’s specific absorption rate (SAR) limitations for how much RF radiation is absorbed into the body, and that this led to Frank Walker’s death from brain cancer. Despite the cellphone industry’s motion to dismiss on grounds that federal law preempts the Walkers’ complaint, the Walkers “nonetheless argue that discovery is necessary to resolve questions of congressional intent,” said Cain’s order. But discovery into either the extent of defendants’ compliance with the FCC's SAR regulations or congressional intent behind those regulations “appears unduly burdensome to the numerous defendants named in this suit,” said the order. “It could entail depositions, expert testimony, and additional delays in a case that has already been pending in this court for nearly two years,” it said: “Accordingly, the plaintiffs’ request is properly denied.” The order reinstated briefing on the defendants' motion to dismiss on preemption grounds, with the Walkers' response due Feb 13, and the defendants' reply brief due seven days later. Two other motions to dismiss will be held in abeyance until the preemption motion is resolved, said the order.