A federal judge has dismissed a class action suit that alleged that cell phone service providers have conspired to hide evidence that the radio frequency emissions from cell phones pose dire biological hazards including the possibility of brain cancer. In a 46-page opinion, Senior U.S. District Judge John R. Padova of the United States District Court for the Eastern District of Pennsylvania dismissed a suit filed by Plaintiff Francis Farina and other similarly situated individuals. Farina had alleged civil conspiracy, breach of implied warranty, breach of express warranty, breach of a federal warranty statute, and breach of Pennsylvania warranty law. All the named Defendants claimed that the issues Farina alleged were covered by and preempted by Federal law and that Plaintiff had failed to state claims for which relief could be granted. Essentially, Judge Padova agreed that the regulatory powers vested in the Federal Communications Commission by federal statute preempted Farina’s claims. Padova ruled that Congress has given the Federal Communications Commission “exclusive authority over every aspect of radio communication” and that the FCC had expressly asserted “federal primacy” over the areas of technical standards for cellular service. The entire 46-page ruling can be viewed online.This perennial controversy seems to grab headlines on a regular basis. What’s your take? To share your views, just go to the Interference Technology NEBS/Telecom Forum.
Federal Judge Dismisses Suit Alleging EM Harm from Cell Phones
