Testimony and Court Cases

Updated 4/10/21


Cell Phone Court Cases

No American court has yet ruled that cell phones can cause brain cancer either generally or specifically, nor have the courts prohibited the use of Wi-Fi in schools, however, an Italian judge in 2017 has ruled for the plaintiff. There  have been at least 14 cases that have gone through the courts on brain tumors. This provides lengthy but interesting reading. In April, 2017 an Italian judge ruled that excessive cell phone use can result in cancer. The judge notably did not allow any admittance of research funded by industry.  It appears to be the first time a judge has ruled there may be link between cell phones and brain cancer.

Italian Supreme Court, April 21, 2017 ruled that excessive, work-related use of a mobile phone caused an executive from Telecom Italia to develop a benign brain tumor. American Article Newsweek

Judge Frederick H. Weinberg,  2014. -MEMORANDUM OPINION AND ORDER ON EXPERT WITNESS ADMISSIBILITY.  Bret and Laura Bocook versus Motorola,Inc., et al., 2014.  He notes “It is not the court’s role to resolve disputes within the scientific community. The very existence of a dispute precludes admission.” Court Order Expert Witness Testimony Admittance

 Dr. Jerry L. Phillips, January 14, 2013, expert testimony for the Maine Public Utilities Commission in opposition to Smart Meters.  Dr. Phillips Testimony 

Lloyd Morgan, Testimony, US District Court. Portland Schools vs David Morrison. In support of an injunction enjoining Portland School’s use of Wi-Fi.
December 22, 2011. Amended Testimony

Judge Frederick H. Weinberg. 2001. Superior Court District of Columbia. Multiple Plaintiffs vs Motorola, Inc., Qualcomm, Inc., Nokia, Inc.,  Audiovoxx communications, Inc.  Dismissal of first court case on brain tumors and cell phones, with plaintiffs  suing for damages from illness and loss. Judges Decision


Cell Phone “Right to Know” Court Cases

Berkeley, California

In the United States to date there has been one  cell phone “Right to Know” court case that has been won so far and that is the Berkeley Cell Phone” Right to Know” City Ordinance originally, adopted May 1, 2015.  After loosing an appeal, CTIA -The Wireless Association has petitioned the United States Supreme Court to hear their case against the City of Berkeley’s cell phone “right to know” ordinance (Jan 2018).  CITA or Cellular Telecommunications Industry Association is a 501c(6) non profit association established in 1984. After several appeals by the cell phone industry association CTIA, judges ruled in favor of Berkeley Ordinance on July 1, 2019.


The Berkeley City Law requires cellphone retailers to provide consumers with the following notification:

“To assure safety, the Federal Government requires that cell phones meet radiofrequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

For a full history of the Berkeley Cell Phone Right to Know Ordinance see Safer EMR site at Berkeley Cell Phone Right to Know Ordinance. 

Ellie Marks Testimony Berkeley Cell Phone Right to Know Ordinance

Testimony on Berkeley Cell Phone Right to Know from Ellie Marks from the California Brain Tumor Association who reads letters from Dr. Lisa Bailey and Dr. John West who  completed a study on breast cancers in several young women who kept cell phones in their bra.   Nov 18, 2014 Berkeley City Council Meeting.

San Francisco Cell Phone Right to Know Ordinance Failed After Passage

In 2010 San Francisco led the way towards a Cell Phone Right to Know Ordinance that asked retailers to list SAR levels (a heat measurement of radiation levels) which are required by law to be in the pamphlet given to customers when they buy their phone.  CTIA- The wireless Industry argued that the law was unconstitutional, misleading to consumers, and that it infringed on first amendment rights of retailers. After a 3 year battle an injunction was filed and the law became non operational. Cell Phone Law Killed by CITA.

FCC Oder on Rapid Deployment of 5G and Small Cell Towers Lawsuits

See also:

U.S. Court of Appeals Motions, Oppositions and Respondents in FCC Lawsuit by Date

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