Article
Creating Circuit Split, Court Rules Federal Regulations Preempt Cell Phone Radiation Claims
In a decision that creates a split of authority among the federal circuits, the U.S. Court of Appeals for the Third Circuit ruled that telecommunications regulations promulgated by the Federal Communications Commission ("FCC") preempted a state law tort action claiming that the radio frequency ("RF") radiation emitted by cell phones in compliance with FCC standards was unsafe.See Farina v. Nokia, No. 08-4034 (3d Cir. Oct. 22, 2010)
Beveridge & Diamond, P.C.