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Litigation Alert: Cell Phones as Carcinogens

There are more than 303 million cell phone subscribers in the United States. Globally, the number of cell phone subscribers is approximately five billion. Thus, a finding that cell phone use causes brain cancer or other harmful health effects would open the proverbial floodgates to claims against members of the cell phone industry and have huge ramifications for insurance companies. Not surprisingly, various parties all over the world are taking precautionary steps in light of the ongoing scientific inquiry. For example, the government of Delhi, India, recently announced a plan to require manufacturers to prominently display the level of radiation emitted by their handsets. And there is a movement gaining traction in the U.S. in Georgia that would prevent cell phone towers from being located close to schools. This article discusses the electromagnetic radiation emitted from cell phones, research regarding the relationship between cell phone electromagnetic radiation and cancer, and litigation regarding cell phone safety.

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Ninth Circuit Grants Article III Standing to Disgruntled Home Owners in Lawsuit Against National Developers of Housing Complexes In the midst of economic uncertainty and a poor housing market, home owners are not the only ones suffering from the damage of foreclosures.  Indeed, in Maya v. Centex Corp., 658 F.3d 1060, 2011 U.S. App. LEXIS 19344, (9th Cir. 2011), the Ninth Circuit reversed the dismissal for lack of standing of a lawsuit against eight large national developers of housing complexes.  The plaintiffs were individual home buyers who purchased newly built homes between 2004 and 2006.  The defendants are the developers that built the complexes and their parent companies.  Plaintiff asserted two major causes of action against the defendants.  The Ninth Circuit boiled the buyers' claims down "overpayment and rescission" claims and "decreased value and decreased desirability" claims. Id. at 7-8.   view more
Off to the Races: Litigating in the Fast-Paced International Trade Commission The International Trade Commission ("ITC") is an increasingly popular forum for patent and trademark litigation, with a record number of 70 unfair competition cases filed in 2011 alone. There are currently 73 cases pending in the ITC, and the statutory vehicle for this growing litigation is 19 U.S.C. § 1337, which prohibits "unfair methods of competition and unfair acts in the importation of articles. view more
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Rakoff Dismisses Copyright Claims Against Westlaw, Lexis  - The Wall Street Journal 5/17/2012
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No Overtime for Workers for Changing, Travel  - Courthouse News 5/17/2012
In-House Counsel for Developer Didn’t Stop $98M Mortgage Fraud, Loses Law License for 4 Years  - ABA Journal 5/17/2012
SD high court upholds dismissal of Hermosa flood insurance lawsuit   - rapidcityjournal.com 5/17/2012
Some patients' fate could hinge on Supreme Court  - CBS News 5/17/2012
Family sues mortuary over switched bodies  - Los Angeles Times 5/17/2012
How Safe Is the DMCA 'Safe Harbor' After 'Viacom v. YouTube'?  - Law Technology News 5/17/2012
Federal Judge Greenlights $11 Bil. Whistleblower Suit  - Corporate Counsel 5/17/2012
Honda’s Acura recalls over 52,000 cars in U.S.  - Claims Journal 5/17/2012
 

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