Smart Meter Lawsuits

Screen Shot 2015-06-04 at 5.37.44 PMSummary of Selected Smart Meter Lawsuits

This information was obtained with permission from smartmeterlawsuits.blogspot.com. It is in the process of being updated- please bear with us and if you have any information to add please e-mail us.

Links on how to file your own lawsuits or complaint:
Medical Request not to have a Smart Meter

CASES WON!!!! 

HEALTH —Southern California Edison
Plantiff claimed negative health effects after smart meter was installed (Legal Documents).
\SUCCESS!!! The judge ordered the Utilities company pay for health damages or remove the meter! (Settlement Documents

Privacy, Constitutional Violations, Security Risks–Kauai, Hawaii
Adam Asquith filed for a Federal Injunction against the instillation of smart meters (Court Filing DocumentsNews Story.
SUCCESS!  The Utilities Company offered a settlement (Settlement Document) and agreed NOT to install a smart meter on the plaintiff’s property. (News report)

DISCRIMINATION Kauai, Hawaii
Mark Naea, a neighbor of Adam Asquith (who won his case against smart meters) filed a formal complaint (Legal Document) that he should not have to pay the court fees and file a separate case to get the opt-out option that was court awarded to his neighbor.
SUCCESS!!! The Public Utilities Commission ordered (Legal Document) Kauai Island Utility Cooperative(KIUC) to address  his complaint.

HEALTH, SAFETY, PRIVACY, PROPERTY RIGHTS, CONSTITUTIONAL VIOLATION, DISCRIMINATION —Maine
A legal complaint objecting to multiple aspects of smart meters. Overview
SUCCESS!!  The court ruled that the Utilities company DID NOT adequately address health and safety concerns and now must do so. Bangor Daily News

Update6/4/15: After a 3 year PUC investigation into the health and safety of smart meters following the Supreme Court remand mentioned previously, the Commission ruled smart meters were basically safe enough. There was no vote held by the two commissioners and one of them recognized RF could probably cause adverse health effects and thought no cost opt outs [using a smart meter with transmitter disabled] should be available when suggested by a physician. Because the opinion made little sense and Central Maine Power never met their statutory burden to show safety was ensured with smart meters, opponents have appealed the decision, once more to the Maine Supreme Judicial Court. At this point, appellants brief has been filed, appellee’s brief is due June 30th and then opponents have 14 days to file a response. After this, oral arguments will be scheduled. More information and updates on the case can be found here.

HEALTH, CONSTITUTIONAL PRIVACY, SAFETY Portland

Complaint that the PUC (Public Utilities Commission) did not address safety, Constitutional Privacy and health concerns. (New Story on Outcome)
SUCCESS! The Supreme Judicial Court findings are that they did not properly address these problems (health and safety) and MUST do so. The Court not agree the Privacy concerns were not addressed.

CASES IN MOTION:

WRONGFUL DEATH DUE TO FIRE CAUSED BY SMART METER Vacaville CA
On July 9, 2010, Larry Nikkel died in a fire believed to be caused by smart meter.

WIRELESS COMPONENT OVER SMART METERS
Smart Meters have been “mandated” in British Columbia, however Plantiff contests that the wireless component is part of the mandate.(Press Release) (News story) (Formal Letter of Complaint – legal Document) (Letter of Complaint- scroll down)
Status: Appeal to be heard in October

HEALTH –Central California
Lawsuit filed against the CPUC (Central Public Utilities Commission) for ignoring evidence of harmful health effects of Smart Meters. (Latest updateLink on story
Status:Newly filed.

SPYING!
A top PG&E executive was caught spying and attempting to infiltrate a nonprofit to gather information about a forthcoming lawsuit. (Coverage of case) Curious and curiouser. (Legal Order to investigate)

HEALTH, SAFETY, MISREPRESENTATION OF RADIATION LEVELS, VIOLATION OF AMERICANS WITH DISABILITIES ACT — Northern California
Filed by an Electro-magnetic consulting firm,Wilner and Associates this Class Action Lawsuit list multiple ten grievances and is seeking $10,000 per customer who has experienced negative health effects. (Story) (Case Filing)

HEALTH, PRIVACY, HOMEOWNER’S RIGHTS, VIOLATION OF ILLINOIS “OPEN MEETINGS ACT”  Naperville, Illinois
Residents have filed a federal lawsuit (News article) seeking an injunction to instillation (Court Documents)
Up to date info on the case
Status:Discovery phase of the case

Cases “Loss” (aka opportunity to learn so we win the next round)

MISUSE OF FEDERAL MONIES DUE TO FIRE RISK Alabama

According to the lawsuit, the Don Baker, plaintiff, is an engineer and was an AMI smart grid project manager.  He alleges the smart meters were not properly tested, and were seriously flawed. He found that the Sensus iConA had a “tendency to drastically overheat, and melt or burn”.  He was asked to keep quiet and was eventually terminated for failing to do so.

Status: The fire issue was not the focus of the case, it was misuse of Federal Funds.The District Attorney chose not to pursue the case, not based on the fire hazard claims, but claiming Federal Money was not misused. (case documents)

OVERCHARGING Texas

A class action lawsuit (Case documents) filed against Texan Utilities company Oncor. (News Story, Video)
Status: Case Dismissed (One analysis of why it failed)

(7/14) OVERCHARGING Bakersfield California
Initially an individual case alleging overcharging  of smart meters (Initial Filing), this turned into a class action lawsuit (News report).
Status: Initially SUCCESS! Then overturned.emfsafetynetwork.org

Source: http://stopsmartmeters.org/smart-meter-lawsuits/

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