RFR Sickness Claims Quelled Prior to Discovery

In a case involving claims against a smart meter installer based on plaintiffs' allegations they were getting sick from radio frequency radiation emitted by smart meters installed at their homes, Noel Edlin, Erin Poppler, and Fred Blum achieved a major victory when the judge sustained their demurrer without leave to amend on the basis the trial court lacked jurisdiction to hear the case. By knocking out the claims early, before starting discovery, the attorneys saved their client substantial costs; not just in terms of litigation costs and any potential settlement amounts but also by creating a disincentive for the large group of future potential plaintiffs to file similar claims. In addition, had plaintiffs been allowed to pursue their claims in court it could have struck a financial blow to the energy industry by creating uncertainty in the marketplace and provoking expensive changes to business practices. As a result of this ruling, the plaintiffs' recourse is to take their claims to the California Public Utilities Commission, a less appealing prospect given the limited damages that can be awarded and the administrative hurdles that would have to be surmounted.