In a major victory for cell phone makers and service providers, the 3rd U.S. Circuit Court of Appeals has ruled that consumers cannot sue over possible biological hazards allegedly caused by cell phone radio emissions because such suits would interfere with the Federal Communications Commission's exclusive power to regulate the industry. Plaintiffs lawyers had argued that their claims should be permitted because they weren't seeking any changes to radio frequency emission standards.
Cell Phone Liability Lawsuits Pre-empted by FCC, 3rd Circuit Rules
The Legal Intelligencer
October 25, 2010