Judge Orders Jurisdictional Discovery on ZTE’s Motion to Dismiss Cellphone Safety Suit
U.S. District Judge James Cain for Western Louisiana in Lake Charles signed a memorandum order Thursday (docket 2:21-CV-00923) holding in abeyance for 90 days ZTE’s motion to dismiss the Walker family’s cellphone safety complaint to enable the parties to engage…
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in jurisdictional discovery. Frank Walker’s widow and two sons allege the ZTE cellphone he bought in 2016 caused his death from brain cancer because the phone’s RF emissions exceeded the specific absorption rate standard adopted by the FCC. ZTE contends the complaint should be dismissed for lack of personal jurisdiction because it denies any specific contacts with Louisiana. The assertions and evidence the Walkers produced in opposition to the motion are primarily based on ZTE USA’s dealings. Additional jurisdictional discovery is warranted before the court can determine whether ZTE USA’s contacts can be “imputed” to ZTE’s Chinese-based parent company, and whether the ZTE parent “was sufficiently involved in the marketing of its product towards the United States to permit an exercise of personal jurisdiction over it by this court,” said Cain’s order.