Ruling reviving cell phone radiation suits [4th Circuit] News
Ruling reviving cell phone radiation suits [4th Circuit]

Pinney, et al. v. Nokia, Inc. et al., United States Court of Appeals for the Fourth Circuit, March 17, 2005 [ruling that because the claims only raised issues relating to state claims, including consumer protection, they were not preempted by federal laws regulating cell phones]. Excerpt:

Because federal subject matter jurisdiction is lacking in four of the cases, we reverse the district court's order denying the motion to remand those cases. There is diversity jurisdiction over the fifth case, and because the state law claims are not preempted, we reverse the order dismissing that case.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.