WASHINGTON-Wireless firms last week pushed to have the Baltimore mobile phone-cancer lawsuit moved from Maryland state court to a federal court.
The filing was prepared by the Atlanta law firm of Alston & Bird on behalf of Motorola Inc., Verizon Wireless, SBC Communications Inc., the Cellular Telecommunications Industry Association and the Telecommunications Industry Association. The firm of Alston & Bird is believed to be working on at least one other wireless health-related lawsuit.
In the Aug. 28 filing with the U.S. District Court in Baltimore, the defendants argued the state court lacks jurisdiction over the matter.
The $800 million lawsuit, filed by 41-year-old neurologist Christopher Newman last month, is pending in the Circuit Court for Baltimore City. Newman claims the use of his cell phone caused his malignant brain tumor.
There are several theories why the wireless industry is seeking a change of venue.
One is that industry feels a federal court would be far less sympathetic to Newman’s claim than would a state court and jury in the blue-collar city of Baltimore.
Some state court judges are elected whereas federal judges are appointed for life.
Another possibility is the filing represents a strategy by industry to paper under the plaintiff by raising objections and disputing every fact and assertion, a process that over time is meant to create a heavy financial burden on those bringing allegations.
Under such a strategy, the hope is that the lawsuit will go away before facts of the case ever make it to a jury.
