Legal Opinion
Fontana v. Apple Inc.
District Court, M.D. Tennessee
Decided August 3, 2018No. 2:18-cv-00019Published
1Opinion of the Court
WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE
This is a personal injury action allegedly arising from Anthony Fontana's use of a cell phone. Now pending are Motions to Dismiss filed by Apple Inc. (Doc. No. 40) and Verizon Wireless Services LLC (Doc. No. 42) that present the issue of whether those claims are preempted by the Telecommunications Act of 1996 ("TCA" or "Act") and its directive to the Federal Communications Commission ("FCC") to enact radio frequency ("RF") emission regulations. Because binding Sixth Circuit precedent suggest that they are, the motions will be granted.
2Cases cited9 opinions
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- City of Burbank v. Lockheed Air Terminal, Inc.Supreme Court of the United States · 1973
- Farina v. Nokia, Inc.Court of Appeals for the Third Circuit · 2010
- Pinney v. Nokia, Inc.Court of Appeals for the Fourth Circuit · 2005
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