WASHINGTON-Cell-phone lawyers asked a District of Columbia Superior Court judge to suspend proceedings in six brain-cancer lawsuits, pending industry’s petition for the U.S. Supreme Court to review a federal appellate court ruling that revived five class-action lawsuits seeking to force wireless carriers to supply consumers with headsets.
Industry’s request to halt action on the six brain-cancer suits in the D.C. Superior Court comes as the court neared a ruling on wireless firms’ motion to dismiss the cases. Industry argues cancer and other health-related lawsuits are pre-empted by federal law.
Plaintiff’s attorneys urged Judge Cheryl Long not to delay action in the six brain-cancer suits, saying the 4th Circuit’s headset ruling is the law of the land.
The Supreme Court is expected to rule on whether it will take the 4th Circuit appeal in October.
U.S. District Judge Catherine Blake of Baltimore said she will wait for the Supreme Court to decide federal pre-emption questions before she proceeds with other wireless health suits in her court.