the document of the same title, but dated December 2002, with the version
I now attach.
GJH = Prof. Dr. Gerard Hyland
lawyers to file appeal on cancer suit
* January 20, 2003
WASHINGTON-Health litigation enters a new phase this week as lawyers for
Christopher Newman file the opening brief with a Richmond federal appeals
court in their challenge of U.S. District Judge Catherine Blake's dismissal
last year of an $800 million cancer lawsuit against Motorola Inc.
a 42-year-old neurologist forced out of work after being diagnosed with
brain cancer in March 1998, is represented by the firm of high-profile
trial lawyer and Baltimore Orioles owner Peter Angelos. Newman contends
cell-phone use caused his brain cancer.
the lawsuit Oct. 31 after ruling Newman failed to offer sufficient scientific
evidence to justify sending the case to trial. Over the course of a five-day
hearing last February, each side offered up scientists and experts, who
provided conflicting testimony on the question of whether Newman's cell
phone led to his brain tumor.
are 140 million mobile-phone subscribers. Industry and various scientists
insist radiation from handsets is too weak to break chemical bonds and
therefore cannot cause biological damage. Critics point to research showing
DNA breaks, genetic damage, memory impairment
and effects they contend are caused by non-heating mechanisms.
one federal department, the Environmental Protection Agency, last September
said there is "continued scientific uncertainty regarding the existence
of possible non-thermal effects" from mobile-phone radiation and
that it supports further research. European and Asian countries have research
programs, and there are several studies are in progress in the United
ruling was a huge victory for the mobile-phone industry, which has been
dogged by the cancer issue for a decade and faced the prospect of being
hit with an avalanche of new lawsuits had the Newman case gone to a jury.
Last fall's decision came at a time when wireless carriers and manufacturers
were being pulverized by Wall Street and feeling the squeeze of an economy
that struggles to overcome the overhang of a possible war with Iraq, lackluster
corporate earnings, heavy debt and soft consumer demand.
Blake delivered a rather powerful decision in that case that should be
difficult to challenge on appeal," said Norm Sandler, director of
global strategic issues at Motorola.
litigation barely has a pulse, industry is not completely out of the woods.
Nine brain-cancer lawsuits-six of which were transferred to Blake in December
by the Judicial Panel on Multidistrict Litigation-remain. In addition,
a cancer lawsuit against industry in a Nevada state court is still alive
and at least two workers' compensation cases filed by former mobile-phone
employees are pending.
concern to industry is whether Blake dismisses a handful of class-action
lawsuits that claim industry failed to disclose to consumers that mobile-phone
radiation could cause biological damage, undercutting their ability to
decide, for example, whether to purchase a headset or even a cell phone.
cases are ripe for a ruling.
attorney declined to comment on a strategy to be employed in the U.S.
Court of Appeals for the Fourth Circuit, viewed as one of the most conservative
federal benches in the country. The Newman brief should be filed Tuesday.
Motorola's brief is expected to be filed some 30 days later. Newman could
file a response to the appellee's brief if it chooses two weeks afterward.
briefs are filed, there is a dispute over exactly which firms are part
of Newman's appeal. In December filings with the court, No. 1 mobile-phone
carrier Verizon Wireless Inc. and its parent company, Verizon Communications
Inc., asserted they are not adverse parties in the appeal because Blake
dismissed them as defendants. Likewise, SBC Communications Inc., co-owner
of Cingular Wireless L.L.C., said it should not be a party to the appeal
because it too was dismissed by Blake as a defendant in the Newman lawsuit.
At a minimum,
Newman's lawyers are expected to argue that Blake abused her discretion
in excluding their side's expert testimony while accepting that of the
defendants. That could be tough. The 1993 Supreme Court standard for scientific
testimony sets up federal judges as gatekeepers for evidence and accords
them broad leeway insofar as admitting or dismissing evidence.
for challenge on appeal is Blake's refusal to certify Nationwide Motor
Sales Corp. as a defendant in the lawsuit. Had Blake done so, Newman presumably
would have had grounds to get the case sent back to state court. Nationwide
is a Maryland company that sold Newman his cell phone.
from Jeffrey Silva
hazards of cell phones and cell towers
who want to know about the health hazards of cell phones and cell towers,
please see the following. There are thousands of references, sites, and
books that discuss the health hazards of micro-wave radiation from different
sources, including cell phones and cell towers.
the following book published in 2001:
phones: invisible hazards in the wireless age," by George Carlo and
Martin Schram. New York: Carroll & Graf, 2001.
make untruthful assurances. This is yet another DDT story. In the 1950s
to 1970s, DDT was advertised as the safest pesticide. Only in the 1990s
DDT was banned since it was determined as very dangerous to health.
We do not
have problem with people who use cell phones, either for convenience or
to harm themselves. But, why should those who do not use cell phones get
the second hand radiation from cell towers. Ten years ago, people lived
happily without cell phones.
MICROWAVE MIND CONTROL: MODERN TORTURE AND CONTROL MECHANISMS ELIMINATING
HUMAN RIGHTS AND PRIVACY
Monday, 20 January, 2003, 12:06 GMT
on phone mast danger
meeting is offering Oxford residents the chance to ask questions about
the safety of mobile phone masts.
at 1800 GMT on Monday at St Aldates, has been arranged to allow residents
to hear future installation plans and to address health and safety concerns.
Those present will include representatives from the telecommunications
industry and the Mobile Operators Association.
will include local experts Professor Blakemore and Professor Swerdlow,
who have published a report into mobile phone masts.
Activist News, Vol. 3, No. 1
21 January 2003
DOW DAY - WEDNESDAY 22 JANUARY
seems to think it can safely ignore the suffering of thousands of people
in Bhopal who live with the contamination caused by the factory its Union
Carbide subsidiary abandoned following the worst industrial accident in
history. Despite receiving over 15,000 emails and many thousands of postcards
and letters urging it to clean up Bhopal the company still insists the
abandoned factory is not its problem. That is why we need your help to
call Dow on Wednesday and tell them to clean up Bhopal now!
an free phone ethics line open 24 hours a day to deal with any ethical
concerns you may have about the company.
phone number and further details will appear on the Greenpeace front page
on Wednesday morning Central European time.
love to hear back from as many people as possible about your call to Dow
and if you have sound recording equipment an mp3 sound file of your call.
You can send your details by replying to the cybercentre article which
will appear here on Wednesday morning:
two fun example calls you can listen to:
If you want
to find out more before the call visit our section on Bhopal:
Or if you
need some motivation see how Dow is suing the Bhopal survivors rather
than helping them:
SAY NO TO WAR IN IRAQ
brings a new development that seems to bring the world closer to war in
Iraq. Surprisingly, one major force for peace could be the United Nations
Security Council. Surprisingly, because the Bush administration originally
seemed to have little respect or time for the United Nations. However,
polls show that the US public, like most people around the world, places
more faith in the United Nations than do Bush and his oil industry supporters.
So the Bush
administration may need to go back to the UN Security Council before beginning
a war in Iraq. If it does, Greenpeace believes that the Security Council
should say No to a war in Iraq. There are many reasons for this, but one
is that Iraq is not currently threatening the United States, and under
international law, the United States cannot claim legitimate self defence.
the UN Security Council stand up to the Bush adminstration? In this time
of global crisis, please write to the UN ambassadors that sit on the Security
Council and ask them to uphold international law and refuse to approve
a war in Iraq. You can use this link:
more information and more to do, please take a look at this article:
STOP THE DESTRUCTION BEFORE
FINNISH FORESTS ARE FINISHED
state owned logging company Metsahallitus is planning to start logging
the old-growth forests of Malahvia, in the north eastern part of Finland
close to the Russian border. Metsahallitus plans to commence both clearcutting
and selective logging in the area despite clear scientific evidence about
the high biological value of the Malahvia forest.
to the three biggest customers of Finnish forest destruction, StoraEnso,
UPM-Kymmene and M-Real and ask them to say "NO" to ancient forest
destruction using this link:
PROTECTING THE RIGHT WHALE
Only a few
hundred North Atlantic Right Whales survive off the eastern coast of North
America. Please read this action alert for more details and send a letter
to the US National Marine Fisheries Service by the 21st of January to
support an Ocean Conservancy campaign to expand its protected habitat:
GREENPEACE ACTS ON TANKER SAFETY
of some 25,000 tonnes of oil from the sunken Prestige oil tanker continues
along the coasts of Spain, France and Portugal. But single hull tankers
are still a permanent presence in the region. Greenpeace activists boarded
the single hull oil tanker Vemamagna in Algeciras Bay, Gibraltar on the
20th of January climbing the mast with banners reading "Oil Hazard"
in English and Spanish.
forget to visit the Greenpeace Cyberactivist Community at: