IPhone Users Seek SCOTUS Review of Radiation Preemption Ruling

iPhone users have asked the U.S. Supreme Court to reconsider its decision to dismiss the asserted claims. Apple. We have failed to disclose that some phones may emit radio frequency emissions in excess of federal limits.

The U.S. Court of Appeals for the Ninth Circuit said their claims were preempted by federal law, widening divisions in the Circuit over the preemptive effect of certain Federal Communications Commission guidelines. The decision also provides a “great opportunity” for much-needed guidance on when agency actions preempt state law claims, they said.

Andrew Cohen and others found that a lab hired by Chicago…