MOTOROLA: KNOCKING DOWN BARRIERS TO SUCCESS - McDermott Will & Emery

MOTOROLA: KNOCKING DOWN BARRIERS TO SUCCESS

THE CHALLENGE

Motorola, along with all other major cell phone manufacturers, faced lawsuits in the
District of Columbia claiming brain cancer caused by cell phones. The district court
ruled that some of the plaintiffs’ experts satisfied the Frye standard for determining the
admissibility of expert opinion testimony, but would likely be excluded under Daubert.

THE SOLUTION

Building on decades of successfully defending Motorola against personal and
class action lawsuits challenging the safety of wireless phones, we secured a
landmark ruling for Motorola and the wireless telephone industry.
In Motorola v. Murray, after almost 100 years of applying the Frye standard, the US
Court of Appeals for the DC Circuit rejected Frye and adopted the federal
Daubert standard.
The ruling has had a significant impact not only for cell phone cases in the
District of Columbia, but litigation across the United States.