9/11 Lawsuit Against Motorola Tossed Again


Relatives of a dozen city firefighters who died on Sept. 11 cannot sue Motorola Inc. and the city for problems with department radios, a federal appeals court panel ruled Monday.

The three-judge panel of the Second Circuit Court of Appeals ruled unanimously that the lawsuit was barred by the decision of the relatives to file claims with the federal Victim Compensation Fund.

In addition to damages, the relatives were hoping that the suit would reveal evidence to support their contention that the radios were defective.

The appeals court noted the emotion of the case, but decided it on strictly procedural grounds.

The law creating the federal compensation fund "balanced the certainty of no-fault recovery against the relinquishment of one's right to bring a federal action -- created by the statute -- for injuries arising from the disaster," the three-judge panel said.

The radios in use that day, which were the subject of the suit, were Sabre model Motorolas that were put back into service earlier in the year after a newer Motorola model delivered in 2000, the XTS3500, was found to have deficiencies. That model was returned to use in 2002.

Copyright (c) 2005, Newsday, Inc. Visit Newsday on line at

formatting link
This article originally appeared at:
formatting link

NOTE: For more telecom/internet/networking/computer news from the daily media, check out our feature 'Telecom Digest Extra' each day at

formatting link
. Hundreds of new articles daily.

Reply to
Lisa Minter
Loading thread data ...

Cabling-Design.com Forums website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.