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Eric Lasker Quoted in NLJ Article “D.C. Court of Appeals Resurrects Cell Phone Radiation Cases”

news | November 18, 2009

In 2009, the D.C. Court of Appeals revived a series of lawsuits by individuals who say they were harmed by cell phone radiation. The National Law Journal article “D.C. Court of Appeals Resurrects Cell Phone Radiation Cases” (Nov. 6, 2009) analyzed the Murray v. Motorola opinion, which adds yet another wrinkle to a debate within U.S. courts over whether national regulations trump state laws when it comes to issues surrounding cell phone safety.  Some of the biggest names in the wireless industry, including Verizon, Motorola, AT&T, Sprint and Nokia among others, are targeted in the six cases at issue.  Plaintiffs allege they suffered illnesses and injuries including brain cancer due to radiation from their mobile phones, and that the wireless companies’ marketing misled them into believing their products were completely safe.

The plaintiffs’ allegations regarding the alleged cancer risks associated with cell phone use are based upon the type of “junk science” that Hollingsworth LLP routinely confronts in toxics, products liability and environmental litigation.  In an interview with The NLJ, partner Eric Lasker weighed in on the importance of holding plaintiffs to their Daubert burden of presenting sound scientific evidence in these cases, explaining: “There’s a defense to be made based on the science, and if it’s made aggressively, this case should never get to a jury.”