WASHINGTON-Mobile-phone industry lawyers said they intend to ask a court here next week to dismiss six brain-cancer suits on federal pre-emption grounds.
In July, U.S. District Judge Catherine Blake of Baltimore sent back the six suits to the Superior Court of the District of Columbia where they were originally filed in 2001 and 2002. Under a scheduling order approved yesterday by Judge Brook Hedge, wireless carriers, manufacturers and trade groups will file a consolidated motion to dismiss Nov. 12. The plaintiffs will file their opposition to the motion to dismiss Jan. 12, and wireless firms will submit their replies to the opposition Jan. 28.
“Defendants intend to raise as a threshold matter the issue of whether plaintiffs’ state law claims are pre-empted by federal law. In addition, several defendants have indicated an intent to seek dismissal of the claims against them on the ground of lack of personal jurisdiction, failure or insufficiency of service of process or improper venue,” according to a filing with the court Monday.
The wireless industry has yet to lose a health lawsuit since the brain cancer allegation was first raised 10 years ago in a Florida suit.
