Oral Argument Set for March 28 in La. Cellphone RF Radiation Case
U.S. District Judge James Cain for Western Louisiana in Lake Charles entered an electronic order Wednesday granting the motion of Frank Walker's survivors for oral argument on the cellphone industry's motion to dismiss their RF radiation complaint on grounds that…
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their claims are preempted by federal law. His order set in-person oral argument for March 28 at 10 a.m. CDT. “The issues presented are such that oral argument would benefit the Court” in the disposition of the case, said their motion earlier Wednesday (docket 2:21-cv-00923). Congress never intended to prohibit state actions “for injuries resulting from cell phone use” when it enacted the Communications Act and the Telecommunications Act, said their opposition Tuesday to the motion to dismiss (see 2303010001). The plaintiffs, Walker’s wife and two sons, allege in their April 2021 complaint that the industry covered up information showing many cellphones don’t comply with the FCC’s specific absorption rate limitations for how much RF radiation is absorbed into the human body. This, they allege, led to Walker’s death from brain cancer. The defendants are AT&T, CTIA, Microsoft, Motorola, the Telecommunications Industry Association and ZTE.