Thursday, October 23, 2003

Rejection of testimony linking cellphones and brain cancer affirmed

In Newman v. Motorola, Inc., the Fourth Circuit in a per curiam opinion for the panel of Judges Widener, Michael, and Shedd affirmed the dismissal of the plaintiff's claim that he got brain cancer from using his cell phone, where the district court had excluded the testimony of plaintiff's experts applying the standard of Daubert and Rule 702 of the Federal Rules of Evidence.

The AP had this article on the case.

One thing that is interesting to me about the case is that the opinion came out so soon, the case was argued on September 26 and decided October 22. The original argument date was postponed because of Hurricane Isabel.

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