No. 22-698

Andrew Cohen, et al. v. Apple Inc.

Lower Court: Ninth Circuit
Docketed: 2023-01-26
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: administrative-law cellphone-radiation civil-procedure fcc-regulations federal-preemption federal-regulations health-and-safety preemption radiation-safety state-health-law telecommunications-law
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-05-18 (distributed 2 times)
Question Presented (AI Summary)

Are state health and safety laws impliedly preempted, under a theory, by the FCC's procedural guidelines for reporting how much radiation a cellphone emits?

Question Presented (OCR Extract)

QUESTION PRESENTED Are state health and safety laws impliedly preempted, under a theory, by the FCC’s procedural guidelines for reporting how much radiation a cellphone emits?

Docket Entries

2023-05-22
Petition DENIED.
2023-05-22
Motion for leave to file amicus brief filed by City of Berkeley DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Reply of petitioners Andrew Cohen, et al. filed. (Distributed)
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2023-04-14
Brief of respondent Apple, Inc. in opposition filed.
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2023-03-15
Brief amicus curiae of Children’s Health Defense (April 14, 2023) filed.
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2023-03-15
Motion for leave to file amicus brief filed by City of Berkeley. (April/18/2023)
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2023-03-02
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2023.
2023-03-01
Motion to extend the time to file a response from March 15, 2023 to April 14, 2023, submitted to The Clerk.
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2023-02-13
Response Requested. (Due March 15, 2023)
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-26
Waiver of right of respondent Apple, Inc. to respond filed.
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2023-01-23
Petition for a writ of certiorari filed. (Response due February 27, 2023)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service
2022-11-15
Application (22A427) granted by Justice Kagan extending the time to file until January 23, 2023.
2022-11-10
Application (22A427) to extend the time to file a petition for a writ of certiorari from November 24, 2022 to January 23, 2023, submitted to Justice Kagan.
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Attorneys

Apple, Inc.
Joseph Russell Palmore — Morrison & Foerster LLP, Respondent
Joseph Russell Palmore — Morrison & Foerster LLP, Respondent
Children’s Health Defense
Mary Holland — Children's Health Defense, Amicus
Mary Holland — Children's Health Defense, Amicus
City of Berkeley
Lawrence Lessig — Amicus
Lawrence Lessig — Amicus
Cohen, et al.
Matthew W.H. Wessler — Gupta Wessler PLLC, Petitioner
Matthew W.H. Wessler — Gupta Wessler PLLC, Petitioner