3rd Circ. Backs Rejection Of Cell Phone Radiation Suit

Law360, New York (October 25, 2010, 3:01 PM EDT) -- A federal appeals court has upheld a lower court's decision to dismiss a putative class action accusing several companies of selling cell phones without shielding users from allegedly hazardous radio frequency emissions.

The U.S. Court of Appeals for the Third Circuit agreed with a district court's ruling that federal law pre-empted the state law claims contained in plaintiff Francis Farina's third amended complaint.

Congress charged the Federal Communications Commission with regulating the cell phone industry, and in doing so asked it to determine and enforce safe...
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