Family in RF Radiation Case Hasn't Met Burden of Establishing Personal Jurisdiction, Says ZTE
The plaintiff bears the burden of making a prima facie presentation of jurisdiction over a defendant within a forum state, said ZTE’s reply Monday (docket 2:21-cv-00923) in U.S. District Court for Western Louisiana in Lake Charles in support of its…
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motion to dismiss for lack of personal jurisdiction (see 2305160049). Frank Walker's widow and two sons allege the defective phones Walker used, plus the industry’s coverup of those phones, led to his death from brain cancer in 2020 because they exceeded the FCC’s specific absorption rate limitations for how much RF radiation is absorbed into the human body. Nothing in the Walker family’s amended complaint or in its opposition “meets that burden,” said ZTE. The Walkers’ opposition asserts unverified internet sources, conclusory allegations and speculation in response to the “verified statements made” in ZTE’s motion to dismiss, said ZTE. The Walkers’ legal argument “based on the stream of commerce cannot succeed because there are insufficient facts to support it,” it said.