WASHINGTON-Former independent counsel Ken Starr will argue for the cellular industry in a case being heard tomorrow by the 4th U.S. Circuit Court of Appeals on whether wireless carriers have an obligation to supply headsets with phones to reduce any risk of injury from radiation-emitting handsets.
Starr headed the Whitewater and Monica Lewinsky probes, the latter culminating with the House impeachment of President Clinton. Two years ago, Starr joined an all-star legal team that challenged the constitutionality of the campaign finance law passed by Congress.
According to court records, Starr filed a notice of appearance Aug. 31 on behalf of several wireless carriers. Starr works at the Washington office of the Kirkland & Ellis law firm, which has represented Motorola Inc. in health-related litigation.
Starr will be arguing before a federal appeals court in Richmond, Va., which some regard as the most conservative in the nation. The 4th Circuit last year affirmed a lower court’s dismissal of an $800 million brain cancer suit against Motorola and other telecom firms.
The headset case is trickier for industry because the case turns on jurisdiction. In March 2003, U.S. District Judge Catherine Blake of Baltimore-who previously rejected the $800 million cancer suit-tossed out the five class-action headset suits on federal pre-emption grounds. The class actions originally were filed in state court before being removed and consolidated in federal court. The conservative bench has tended to champion states rights.
Meantime, the mobile-phone industry faces six brain cancer suits that Blake recently sent back to state court.
Industry has successfully turned back all health-related legal challenges to date.
