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Partial Settlement in Busse, et al. v. Motorola, Inc., et al. (PR Newswire) ... acting with them to establish and maintain a database of personal information of millions of cellular telephone subscribers and to monitor said persons for brain tumors and related cancers,... - Jul 26 1:53 PM ET


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Posted on: 07/26/2001

"Yahoo - Partial Settlement in Busse, et al. v. Motorola, Inc., et al."
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Thursday July 26, 1:53 pm Eastern Time

Press Release

SOURCE: Barnow and Goldberg, P.C.

Partial Settlement in Busse, et al. v. Motorola, Inc., et al.

CHICAGO, July 26 /PRNewswire/ -- A settlement has been reached between Science Advisory Group on Cellular Telephone Research n/k/a Wireless Technology Research, L.L.C. ("WTR") and the certified class in the litigation JERALD P. BUSSE, STEVEN F. SCHWAB, ROB RUTHER, and MARK LAWSON, each individually and on behalf of all others similarly situated, Plaintiffs, v. MOTOROLA, INC., a Delaware corporation; AMERITECH MOBILE COMMUNICATIONS, INC., a Delaware corporation; CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION, a District of Columbia corporation; each separately and on behalf of all other entities similarly situated; SCIENCE ADVISORY GROUP ON CELLULAR TELEPHONE RE SEARCH n/k/a WIRELESS TECHNOLOGY RESEARCH, L.L.C., a Delaware corporation; and EPIDEMIOLOGY RESOURCES, INC., a Massachusetts corporation, Defendants. The settlement was preliminarily approved on July 23, 2001, by the Honorable Stephen A. Schiller of the Circuit Court of Cook County. The settlement is subject to final Court approval. A hearing date of November 13, 2001, is presently set for final approval.

The Busse litigation, in summary, is based upon the alleged conduct of Defendants and those acting with them to establish and maintain a database of personal information of millions of cellular telephone subscribers and to monitor said persons for brain tumors and related cancers, such as leukemia, that said Class members experience. The First Amended Complaint alleges a number of causes of action resulting from the alleged conduct including, but not limited to, invasion of privacy, breach of contract and civil conspiracy. It is also alleged that the surveillance was conducted by Defendants, and those in the alleged conspiracy with them, for the purpose of avoiding scrutiny of safety and health problems raised with regard to cellular portable telephones. Notice of Pendency of Class Action and Class Certification was published in the February 20, 2001 issue of USA Today on p. 9, Section B. None of the other Defendants in the litigation are party to the settlement. WTR does not by settling this matter admit to liability and continues to deny any liability on its part. Further, this settlement is not an admission against any other Defendant.

In summary, the settlement provides, for settlement purposes, all of the remaining insurance proceeds under WTR's insurance coverage; that amount is approximately 1.4 million dollars. The settlement also provides for the establishment of a voluntary registry of data, to aid in determining any causal link between cellular portable telephone usage and illnesses, such as cancer, leukemia and the like. The Settlement Agreement also provides for the services of Dr. George Carlo, in the establishment, operation, and maintenance of said registry, including fund-raising efforts.

The Class was certified by the Honorable Ellis E. Reid, who was subsequently appointed to the Illinois Appellate Court. The matter then was assigned to Judge Stephen A. Schiller. Defendants' motion to the Illinois Supreme Court which sought to decertify the Class was denied by the Illinois Supreme Court on January 16, 2001.

The Notice of Partial Settlement of Class Action and Final Fairness Hearing Thereon: Settlement with Defendant Science Advisory Group On Cellular Research n/k/a Wireless Technology Research, L.L.C. may be accessed at http://www.bussewtrsettlement.com .

Inquiries should be directed as follows: if to the Class, to Class Counsel, Ben Barnow, 312-621-2000, or William J. Harte, 312-726-5015; if to WTR, to James Baller, 202-833-5300, or Michael W. Coffield, 312-444-9696.

SOURCE: Barnow and Goldberg, P.C.

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