The much-hyped new Devra Davis book on cellphone radiation reviewed: “There are so many things wrong in Disconnect it is difficult to know where to begin.” [Lorne Trottier, Science-Based Medicine]
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Posts tagged as:
cellphones
Honestly, it was only a finger twitch, I wasn’t meaning to infringe: “Hopewell Culture & Design reckons it owns the act of double-clicking, and is suing Apple, Nokia, Samsung and just about everyone else for breaching its patent.” [The Register]
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Through its uncritical coverage of the purported radiation hazards of cellphones — taken up by noted toxics alarmist Devra Lee Davis as her latest crusade — the New York Times is taking chances with its credibility. Author Randall Stross seems unfamiliar with the tendency of companies to warn (on lawyers’ advice) against supposed risks they have good reason to consider non-existent, as in pharmaceutical package inserts and many other contexts [David Oliver, earlier, more]
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Sacrificing not only passenger convenience, but also important elements of emergency response and crime prevention, to the Government That Knows Best: “Transportation Secretary Ray LaHood said using a cell phone while driving is so dangerous that devices may soon be installed in cars to forcibly stop drivers — and potentially anyone else in the vehicle — from using them.” [Daily Caller] Post-furor update: DOT “currently has no plans” to do this.
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An update on lawsuits claiming employees should be on the books for pay and overtime purposes if the employer asks them to carry a BlackBerry [Workplace Prof, NPR, earlier]
- “Kagan refused to identify anything the government couldn’t do under its Commerce Clause power” and “consciously left herself plenty of breathing room to cite foreign law inappropriately” [Ilya Shapiro, more]
- Multiple civil/criminal hats? “The odd responses of the attorney general to the oil spill” [WaPo editorial]
- Phillies Phanatic, “‘Most-Sued Mascot in the Majors’ Is Back in Court” [Lowering the Bar, which also hosts Blawg Review #271 this week]
- Federalist Society has a new blog;
- California will pay $20 million to woman abducted for nearly two decades [AP]
- Charges dropped against teen who tried to help lost kid in shopping mall [Lenore Skenazy, earlier]
- Two libertarians arrested after videotaping police in Greenfield, Mass. [Balko, earlier here and here]
- “‘Ambulance Chaser’ Lawsuits Hound Apple Over iPhone 4″ [Atlantic Wire]
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Study after study finds no health effects to worry about, but the city by the Bay wants warnings anyway. [Bruce Nye, Ted Frank/PoL]
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Lowering the Bar has the word on a potentially time-beguiling app (at least if legal process is your thing). But maybe this counts as one too [CrunchGear on "class action lawsuit generator against AT&T" that documents dropped calls]
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An Ontario woman wants Rogers Wireless Inc. to pay C$600,000 for sending her household a “global” invoice that wrongly alerted her husband to lengthy phone calls from which he deduced her extramarital affair, leading him to walk out on her. [Toronto Star]
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- “Trademark Infringement Suit by AAJ Against Another Trial Lawyer Group to Go to Trial” [Qualters, NLJ]
- NPR covers SLAPP suits [On the Media]
- Wi-fi, junk science, loser-pays and lawsuit lunacy [Popehat, Chicago Tribune, earlier here and here]
- Metro-East Illinois attorney Rex Carr told to pay $635K in sanctions for bad faith suits against former partners [Belleville News-Democrat, St. Louis Post-Dispatch, Courthouse News]
- Sheep with the bends: “Animal Rights Groups Getting Clever With the Law” [WSJ Law Blog]
- Canada: “Comedian Charged With Human Rights Violation By Lesbian Insulted At Club” [Turley]
- Princeton freshman sues after being denied extra time to complete test [Princeton Packet via Obscure Store]
- Eric Turkewitz: why my April Fool’s prank wasn’t an ethical violation under NY rules [New York Personal Injury Law Blog] Update: Colin Samuels recounts the whole affair at Infamy or Praise.
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Some 60,000 cell-phone users who had signed up to receive “promotional messages” from Nextones.com in order to get a free ringtone got just such a text message on January 18, 2006 advertising a cell-phone-related Stephen King book. This resulted in a class action that was thrown out on the grounds that plaintiffs had agreed to “terms and conditions” permitting such cell-phone advertising; moreover, the federal law prohibiting the use of an automatic telephone dialing system applied only to systems that dialed numbers randomly or sequentially, and the defendants were operating off of a list of opt-in telephone numbers.
The Ninth Circuit reversed. The issue, it said, was not whether phone numbers were sequentially dialed, but whether the equipment used could hypothetically sequentially dial telephone numbers. It also held that there was a disputed issue of fact whether King’s publisher, Simon & Schuster, counted as an “affiliate.”
Faced with the prospect of going to trial and the risk of $500 to $1500 damages assessed for each call (i.e., $30 to $90 million in damages) defendants have settled. There is a settlement fund of $10 million established, plaintiffs can submit claims that will pay $175 (or a pro rata amount if the fund is exhausted) and plaintiffs’ attorneys will ask for $2.725 million from that fund.
This is superficially all well and good, but if the claim response is the all-too-typical 1%, the attorneys may well collect 27 times as much as the class will get. Indeed, assuming that $1 million for notice and administration disappears from the fund, the full $10 million won’t be paid out unless over half the class signs up. There is also a mysterious $250,000 “cy pres” award whose destination is not specified in the notice or in the settlement.
If you’re a class member who received the text message in 2006, congratulations, you can get free money: fill out a claim form before September 20 (and kudos to the parties for allowing claimants to do it online); if you’re a class member who has concerns about the settlement, contact me.
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Farhad Manjoo at Slate thinks the tech firm’s suits against competitors illustrate why “the patent system is in desperate need of reform”. And the New York Times “Bits” ran a chart last week showing the spaghetti-like tangle lawsuits among various mobile phone makers. More: Ryan Kim, San Francisco Chronicle.
Yes, that’s what Transportation Secretary Ray LaHood has actually suggested. Think of what a great idea in emergencies! [Bedard/U.S. News via Radley Balko, Reason "Hit and Run"]
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A news item that recalls this recent comment thread.
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We’ve previously encountered Arthur Firstenberg of Santa Fe, N.M., and his anti-wi-fi litigation. Now the self-reported sufferer from electromagnetic sensitivity “is suing his next-door neighbor for refusing to turn off her cell phone and other electronic devices,” saying his efforts to avoid the fields threatens to render him homeless. He also thinks neighbor Raphaela Monribot should pay him $530,000. He’s represented by lawyer Lindsay Lovejoy Jr. [Santa Fe New Mexican, The Register, DSL Reports]
More: alt-paper SFreeper (which seems to have been on the story first) reports that attorney Lovejoy “is a graduate of Harvard and Yale, as well as a former Assistant New Mexico Assistant Attorney General who has argued cases alongside now-US Sen. Tom Udall, D-NM.” (via Chris Fountain)
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Washington, D.C. wants to grab unused minutes on phone calling cards. [Radley Balko, Reason "Hit and Run"]
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