Communications Litigation Today was a Warren News publication.

RF Radiation Defendants in La. Agree to Stay One Dismissal Motion

TIA and ZTE agreed to stay the briefing in their separate motions to dismiss for lack of jurisdiction the RF radiation complaint in U.S. District Court for Western Louisiana over a pastor’s death from brain cancer until the court resolves the motion from AT&T, Cricket, CTIA, Microsoft and Motorola to dismiss the case because it is preempted by federal law (see 2210180078), said a consent motion Tuesday (docket 2:21-cv-00923). The court should grant the requested stay “for efficiency and scheduling reasons,” the motion said. It also asked the court to extend the briefing deadlines on the preemption motion to dismiss to Dec. 7 for the plaintiffs to respond and to Dec. 23 for the defendants to reply. U.S. District Judge James Cain will address the motions at a telephone status conference planned for Thursday at 11:30 a.m. CDT, said an electronic order Wednesday. The April 2021 complaint accuses the cellphone industry of concealing and suppressing information showing that many handsets don’t comply with the FCC’s specific absorption rate limitations for how much RF radiation is absorbed by phone users. Frank Walker's widow and two sons allege this led to his death from brain cancer.