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Need Know Sept 11 Asbestos Exposure

On Sept. 11, 2001, our country was forever changed.

When terrorists attacked the World Trade Center in Lower Manhattan, more than 2,500 innocent people died.

Children lost parents.

Families lost sons and daughters.

As a country, we mourned these great losses.

But we did not let them break our spirit.

Stories of triumph emerged from the tragedy. Firefighters and police rushing selflessly into the Twin Towers to save anyone they could. Everyday people sacrificing themselves to help co-workers and strangers escape the collapse. Exhausted and sometimes injured rescue workers searching the rubble around the clock to pull out survivors and give closure to families.

We will never forget the sacrifices that were made that day and for the days and weeks to follow. For many of us, the images of brave rescue workers and survivors covered in dust and soot are forever burned into our memory.

Unfortunately, these images also serve as a stark reminder of the lingering threat that many survivors face:

More than 400,000 people were exposed to asbestos and other toxic dust as a result of the World Trade Center attacks.

Now, sixteen years later, survivors are being diagnosed with asbestos lung diseases such as mesothelioma, lung cancer, and asbestosis.

Compensation is available for those who are coping with serious diseases as a result of the toxic asbestos dust released after the Sept. 11 attacks.

Contact us today to learn what types of financial assistance are available for you and your family.

What Is Asbestos and How Much Was in the World Trade Center?

symptoms asbestos exposure

Asbestos is a naturally occurring mineral that was commonly used in construction and industrial products until the 1980s. It is a human carcinogen, meaning it is shown to cause cancer such as malignant mesothelioma.

Researchers estimate that the World Trade Center’s North Tower contained as much as 400 tons of asbestos. (The builders of the Twin Towers stopped using asbestos insulation and other materials by the time they constructed the South Tower.)

When the Twin Towers collapsed, they created a massive cloud of dust filled with asbestos fibers and other toxins. Even after the initial dust cloud settled, microscopic asbestos fibers remained a serious risk to anyone who inhaled or ingested them.

Who Could Be at Risk of Asbestos Diseases After 9/11?

There is no safe level of asbestos exposure. Anyone who was in the vicinity of Ground Zero may have breathed in or ingested the dangerous fibers. This includes:

  • Rescue workers such as firefighters, police officers, and paramedics
  • Clean-up crews
  • Construction workers
  • Survivors
  • Bystanders
  • Residents of Lower Manhattan

 

In addition, family members of rescue workers and survivors may have been exposed to asbestos that was carried home on clothing or skin. Anyone who was exposed to asbestos on or after Sept. 11 should be aware of its effects and know what symptoms to look for.

What Are the Symptoms of Asbestos Disease?

asbestosis symptomsAsbestos diseases have a long latency period, which means they may not develop until decades after a person was exposed to the dangerous fibers. It is crucial that Sept. 11 rescue workers, survivors, and others who may have been exposed watch for signs and symptoms of asbestos diseases, including:

  • Shortness of breath
  • Painful cough or coughing up blood
  • Fluid build-up in the chest or abdomen
  • Pain in the chest or abdomen
  • Lumps under the skin on the chest or in the abdomen
  • Swelling in the neck or face
  • Loss of appetite or weight loss
  • Difficulty swallowing
  • Fatigue
  • Fever
  • Hoarseness

If you experience any of these symptoms, contact your doctor and share your history of asbestos exposure. Early diagnosis of asbestos diseases leads to more effective treatment options.

Even if you are not experiencing symptoms, you may want to talk to your doctor about the best ways to monitor your health. Your doctor may recommend annual chest X-rays or other tests to catch any signs of disease as early as possible.

What Type of Help Is Available for 9/11 Victims?

9 11 attorneys

Your options for pursuing compensation and assistance for a 9/11-related cancer or illness will depend on your circumstances. For example:

The government has set aside billions of dollars as part of the September 11th Victim Compensation Fund to compensate those who were harmed or lost a loved one during the attacks or the clean-up efforts.

The fund originally operated until 2004, but it was reactivated as part of the James Zadroga 9/11 Health and Compensation Act of 2010, also known as the Zadroga Act. Recognizing the ongoing health effects of Sept. 11, the federal government has currently reauthorized the Victim Compensation Fund (VCF) through 2020. Thousands of claims are paid every year, with more than $2.8 billion being paid to victims and families so far.

The World Trade Center (WTC) Health Program is a separate government program that provides medical monitoring and treatment for injuries and illnesses related to 9/11 exposure. Also set up as part of the Zadroga Act, the WTC Health Program is available for people who “were present in the dust or dust cloud on 9/11 or who worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area for a period of time on 9/11 and/or during the following months.”

The State of New York has also extended workers’ compensation benefits to WTC workers (including volunteers). If you or a loved one is suffering from an illness related to work in 9/11 rescue, recovery, or clean-up efforts, you may be eligible to collect these benefits.

Thousands of people have filed personal injury and wrongful death claims against contractors, building owners, and others responsible for the clean-up of 9/11 debris. Rescue workers and others have been able to recover hundreds of millions of dollars in settlements.

If you have been diagnosed with a 9/11-related cancer or other asbestos disease, you need an experienced New York asbestos lawyer on your side to help you navigate the complicated claims process.

Our nationally recognized attorneys have secured more than $1 billion for asbestos victims and their families, and we stand ready to fight for you now.

 

We have represented many clients who were expose to asbestos on 9/11. And Joe Belluck, our founding partner, worked for Trial Lawyers Care on behalf of 9/11 victims.

Schedule a free consultation today to discuss your options for pursuing compensation, and let our dedicated asbestos attorneys at Belluck & Fox, LLP take the pressure off you so you can focus on what’s important ─ your health. We have locations at New York City, Woodstock, Rochester and Albany.

Deaths From Malignant Mesothelioma on the Rise

Mesothelioma, an incurable, aggressive cancer of the lining of the lungs and abdomen associated with asbestos exposure, continues to perplex researchers and physicians. Although the disease primarily affects men over the age of 65, the federal government reports that the number of mesothelioma death rate among younger adults in the U.S. in recent years is of concern.

In its report “Malignant Mesothelioma Mortality — United States, 1999–2015,” published March 3, the U.S. Centers for Disease Control and Prevention reports that despite a decline in asbestos exposure due to regulatory actions and the decline in the use of asbestos, the number of mesothelioma death rate each year is still rising.

Over the 16 years covered in the report, there were 45,221 deaths from mesothelioma. In 1999 there were 2,479 deaths and in 2015, the last year of data, the number increased to 2,597.

More alarming is that 682 Americans between the ages of 25 and 44 died of mesothelioma in that time period. In adults aged 25-34 there were 138 deaths, and 544 deaths in adults aged 35-44.

“Although deaths among persons aged less than 35 years are of concern, we do not have information to understand potential causes,” said Dr. Jacek Mazurek, lead author of the CDC report, in a March 6 CNN article.

According to the CDC, while occupational exposure to asbestos fibers most often occurs in industrial operations, including mining and milling, manufacturing, shipbuilding and repair, and construction, exposures to commercial asbestos now occurs predominantly during renovations and remediation in older buildings containing asbestos. Because these jobs are primarily performed by men, they are more likely to be at risk for asbestos-related diseases.

Family members of workers engaged in activities placing them at risk for asbestos exposures also have the potential for exposure to asbestos, according to the CDC. This type of exposure is referred to as second-hand exposure and is found often in spouses and children of the workers.

Expert Insight

U.S. Centers for Disease Control and Prevention

Despite regulatory actions and decline in asbestos use, the annual number of malignant mesothelioma death rate remains substantial.

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mesothelioma death

Asbestos is a known carcinogen and is proven to cause mesothelioma, lung cancer, asbestosis and other respiratory diseases. Often called “asbestos cancer,” mesothelioma is highly aggressive and is resistant to many cancer treatments. There is no known cure for the disease, and, the CDC notes, patients have a median survival of approximately one year from the time of their diagnosis.

Following are some of the statistics the CDC reports:

  • 16,914, or 37.4%, of the deaths were among persons aged 75–84 years.
  • 36,093, or 79.8%, of the deaths were males.
  • 35,068, or 77.5%, of the deaths had no indication of the type of mesothelioma the patients suffered.
  • 3,351, or 7.4%, of the deaths were designated as pleural mesothelioma (of the lungs). Pleural mesothelioma is the most common type of the cancer, comprising over 75% of the known cases.
  • 1,854, or 4.1%, were designated as peritoneal mesothelioma (of the abdomen). Peritoneal mesothelioma cases are estimated at around 10% of all cases.
  • 74, or 0.2%, of the deaths were designated as pericardial mesothelioma (of the heart). This mesothelioma is extremely rare and comprises just one percent of the mesothelioma cases.

Symptoms of mesothelioma often take decades after the initial exposure to asbestos to develop, making it difficult for many patients to recall when they may have inhaled asbestos fibers. According to the report, the latency period from first exposure to malignant mesothelioma development typically ranges from 20 to 40 years, but can be as long as 71 years.

The tragedy of mesothelioma is that the disease is entirely preventable by eliminating exposure to asbestos. In its report the CDC notes:

“Contrary to past projections, the number of malignant mesothelioma death rate has been increasing. The continuing occurrence of mesothelioma death rate, particularly among younger populations, underscores the need for maintaining efforts to prevent exposure and for ongoing surveillance to monitor temporal trends.”

“This disease remains relevant,” said Dr. Hedy Kindler, professor of medicine at the University of Chicago and director of its mesothelioma program, in the CNN article, “and it remains a killer of people who, of no fault of their own other than doing their job, they were exposed to something that was preventable.”

 

If you or a family member has been diagnosed with mesothelioma, lung cancer, or other asbestos-related disease, you need to speak with our respected asbestos lawyers at Belluck & Fox, LLP today. We have locations at New York, Woodstock, Albany and Rochester.

Hartford School Officials Close School During Unexpected Asbestos Abatement Project

Nearly once a month we report on concerns of asbestos in public schools across the U.S. In January, a Massachusetts school was faced with asbestos abatement issues after a fire. Now, a school in Connecticut had to close its doors to students and staff this month after asbestos was found during a locker removal project.

According to a community notice posted on the Hartford Public Schools web site, workmen found asbestos at the Museum Academy at Wish, the Wish School, during a renovation project. To manage the asbestos, the school officials were proactive and took the health of the school community into consideration and decided to close the schools for two days, April 17 and April 18.

“Since the exposure did not occur until the lockers were taken down on Monday [April 10], no students, staff and families were affected,” the officials noted in the alert. “In addition, there is no concern about the safety of students and staff once the asbestos debris is removed.”

Asbestos is a human carcinogen that has been linked to various cancers, including mesothelioma and lung cancer, when the fibers are inhaled or ingested. Although not everyone exposed develops these diseases, the U.S. Environmental Protection Agency reports that there is no safe level of exposure.

The Asbestos Hazard Emergency Response Act (AHERA), a provision of the Toxic Substances Control Act, requires local education agencies to “inspect their schools for asbestos-containing building material and prepare management plans to prevent or reduce asbestos hazards.”

In the case of identified asbestos at schools, the EPA encourages “in-place management.” The officials at Wish Academy are commended for the quick action and total removal of the asbestos found in the insulation behind the lockers.

In an April 18 notice posted on the website from Superintendent Leslie Torres-Rodriguez, it was reported school would resume, as initially planned, on April 19. The notice reported the school officials received clearance from the State Department of Health following the asbestos abatement. Torres-Rodriguez said there is no concern about the safety of students and staff after the asbestos debris was cleared and air quality tested.

“Thank you for your flexibility and patience as we remain committed to the safety and well-being of our students,” said Superintendent Leslie Torres-Rodriguez.

If you are concerned about asbestos in your child’s school, contact your school administrator. According to the EPA, your local school district/local education agency must nominate a “designated person” to perform and delegate, if necessary, the management of asbestos in a school building. This person should be able to address any specific concerns you have about management of asbestos in your child’s school.

 

When it comes to asbestos-related condition, you need a strong and experienced advocate to fight for your rights. Set an appointment with our trusted asbestos attorney at Belluck & Fox, LLP  today. You can also visit us at NYC, Woodstock, Rochester and Albany.

What Does a Paralegal Do at Trial?

Paralegals assist New York city personal injury attorneys in a variety of ways. Some of the most demanding and important tasks are during a trial. While attorneys are the spokespersons in the courtroom, paralegals are the backbone of the trial team. They can spend countless hours coordinating the thousands of details that must be accomplished before, during, and after a trial.

Here is a breakdown of the personal injury trial process and how paralegals might aid in each part:

Investigation

Before the trial even begins, a paralegal has many tasks to accomplish. Many paralegals who work with trial attorneys will take the lead in pre-claim investigation.

During investigation, the paralegal may perform many tasks including:

  • Locating and interviewing witnesses
  • Taking witness statements
  • Gathering documents and evidence
  • Creating case investigation notebooks
  • Organizing documents and evidence
  • Creating a chronology of facts pertaining to the case

Pleadings

Not every case goes to trial. In fact, a lot happens before a case even makes it to the court room. Paralegals play an important part of the pre-trial pleading process. Paralegals on the plaintiff side may assist in drafting pleadings including the summons, complaint, and supporting affidavits. Paralegals who work with the defense may collaborate with the client to investigate the allegations and respond. Paralegals also perform the task of creating and maintaining pleadings indexes and filing pleadings with the court. In addition, paralegals keep a calendar of hearing dates and filing deadlines to ensure all documents or appearances are timely.

Discovery

The majority of a paralegal’s time is spent in discovery during the trial process. During discovery, paralegals aid attorneys in drafting interrogatories, requests for production, and requests for admissions and other discovery.

In addition, paralegals:

  • Create and maintain discovery indexes
  • Organize case files
  • Calendar discovery deadlines
  • Organize, review and analyze documents
  • Prepare deposition summaries
  • Organize, summarize, and analyze medical records
  • Assist with e-discovery

Jury Selection

Voir Dire, or the jury selection process, is the first part of the trial process. Attorneys are engaging with the jury during this process, so it is up to the paralegal to take thorough notes. Paralegals who have experience with voir dire can even be called upon to assist the attorney in the selection of the jury.

Opening Statements

Paralegals spend a lot of time with the client(s), witnesses, evidence, and other parts of the case during trial preparation. Because of this, paralegals tend to know their cases better than anyone, even the attorney. Many paralegals will outline the opening statement for the trial attorney.

Working with Witnesses

Paralegals work with witnesses in a variety of ways. Witnesses called by the injury attorney will be prepped by the paralegal before the trial. In addition, the paralegal will ensure the witness is in court when needed and prepared. Paralegals also help attorneys by listening for ways to impeach the testimony from witnesses called by the other side.

Exhibits

One of the most important tasks a paralegal is called to perform during a trial is ensuring all the exhibits that need to be part of the record have been offered and admitted. In addition, all unnecessary exhibits should be withdrawn.

Strategizing

Paralegals serves as a second pair of eyes and ears in the courtroom. Because of this, they have a different perspective than the attorney. A paralegal has great insight into jurors’ reactions to certain topics, which they can relay to the attorney. This can change the course of trial, including knowing which witnesses or arguments to avoid.

Audio Visual Equipment

At trial, an attorney should only be focused on one thing. Because of this, it falls to the paralegal to run all the audio visual equipment. This likely includes recording the trial so the attorney can listen to it later if needed.

Closing Arguments

By the end of the trial, everyone is tired. This is especially true of the attorney. It is the paralegal’s job to keep him or her going. This often involves drafting closing arguments for the attorney.

Settlement

If one side decides to settle before the judge or jury reaches a verdict, paralegals will assist attorneys in the process of case settlement.

This includes:

  • Gathering and organizing information for the settlement
  • Creating settlement brochures
  • Distributing statement or negotiation checklists
  • Drafting settlement agreements and releases

Appeal

If a case goes into appeal, a paralegal, especially one who worked on the original case, will assist with a variety of tasks, including:

  • Identifying issues with the appeal
  • Gathering and organizing documents needed for the appeal
  • Indexing cases for a table of authorities
  • Conducting research
  • Drafting and filing appellant documents with the court.

From case inception to the appeals process, paralegals are involved every step of the way.

Paralegals may not stand before the court to speak, but they play a pivotal role in the trial process.

Article provided by Fremont College – College of Legal Studies

Key Ways Paralegals Are an Indispensable Asset to Injury Law Firms

There are many different career paths within the field of law. One of the most popular areas of law to work in is Personal Injury. However, you do not have to be a lawyer to work in injury law. One of the most important positions within injury law firms is that of the paralegal. While paralegals do not practice law, they play a vital role within the legal team and are valuable assets within any law firm.

We have gathered together some of the key ways paralegals are an indispensable asset to any injury law firm:

Effective Communicators

Paralegals must be effective communicators to be successful at their jobs. Whether interviewing a new client, contacting an expert, or taking the statement of a witness, the majority of a paralegal’s time is spent communicating with others. In addition, the paralegal serves as the lawyer’s right-hand, and must acts as a liaison between clients, experts, opposing counsel, and their supervising attorney.

In addition, paralegals must have excellent writing skills. Litigation paralegals are responsible for drafting correspondence, pleadings, discovery, motions, briefs, legal memorandums, and other documents. These can range from simple to complex.

Geared Skill Set

Paralegals are required to possess a specific set of skills to be successful in their field. Paralegals must be organized and multi-taskers, who can prioritize and work efficiently in a fast-paced environment. Paralegals have a long list of responsibilities that can be tedious and mundane, while others are high-level tasks that are more important and interesting.

Depending on the size of the injury law firm and how much experience the paralegal possess, he or she could:

  • Interview potential clients
  • Provide customer service to existing clients
  • Communicate on behalf of attorney
  • Compile discoveries
  • Organize case files
  • Draft pleadings and correspondence
  • Order medical records
  • Review incoming records
  • Draft demands
  • Review witness lists

 

Research is another core paralegal skill. There are many different legal research methods, from traditional work done at a law library to Internet research and legal research databases. In addition to conducting effective research, paralegals must learn to analyze case facts and properly cite legal authority.

Specialized Knowledge

Like attorneys, paralegals focus on area of the law. Personal injury paralegals often have specialized knowledge within the injury field that sets them apart from other paralegals. Those who work in the injury field should have enough medical knowledge to handle the medical aspects of a case, such as ascertaining which medical records and bills need to be obtained, medical terminology, and how to prepare medical chronologies, medical expense itemizations, deposition summaries and demand packages.

paralegals personal injury

In addition, many injury paralegals are familiar with prescription medications and how they relate to the client’s claim. Many are also familiar with human anatomy and various types of injuries, such as those that pose permanent implications or may necessitate future surgery or lifelong expenses.

Personal injury paralegals must also become well-versed in the trial process. Paralegals play an important role in trial preparation and the actual trial process itself.

Important tasks a paralegal may be called to do include:

  • Witness preparation
  • Preparing voir dire outlines, opening and closing statements, and witness outlines
  • Determine what exhibits will be utilized
  • Ensure exhibits are properly prepared and available when needed

Team Players

Paralegals must be good team players. The delivery of legal services is a complex process that requires a team of individuals with multiple skills. To provide quality and cost-effective service, paralegals are often important members of this team. Paralegals form part of a larger legal team comprised of associates, partners, fellow paralegals, legal secretaries, and more. In addition to working as an effective team member, paralegals must also work collaboratively with outside parties, such as clients, opposing counsel, experts, and witnesses.

Caring Attitude

The injury law field offers individuals a unique opportunity to help others. Depending on the area a paralegal works in, he or she would help injured plaintiffs receive compensation for their losses. This type of work tends to attract those who care about others and want to help.

The Right Education

In addition to the skills, knowledge, and experience listed above, injury law paralegals often have formal training through an ABA approved paralegal studies program. These specialized programs help students develop proper written and oral communications skills, gain knowledge of conducting research, and even specialize in personal injury or other field of law.

In addition to formal education, such as a four-year program, paralegals can earn a certificate. Certification is not required to practice as a paralegal, but many earn this extra certification to have an edge in the job market. Certification establishes an expected level of competency, which sets these earners apart from other paralegals. Paralegals who complete programs approved through the American Bar Association will have the skills needed to be a successful, effective, and indispensable member of any legal team.

Rochester Judge Sentences Developer for Exposing Workers to Asbestos

In March, we reported on the Rochester property developer convicted of violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance. Now, a New York judge has sentenced the man for exposing workers to asbestos during a construction project.

According to a June 20 press release from the U.S. Attorney’s Office, Western District of New York, the man was sentenced to two years probation, 150 hours of community service, fined $15,000 and must pay restitution to the victims in the case. At the time of his initial court appearance, the man was facing a maximum sentence of five years in prison and a $250,000 fine.

In the case dating back to a 2011 investigation by the U.S. Environmental Protection Agency, inspectors found workers, with no protective gear, near a dumpster containing “large quantities” of friable asbestos. There was no warning sign indicating to the workers that asbestos was present. Further inspection uncovered 90 bags of dry, friable asbestos and unlawful abatement inside the warehouse “involving asbestos contamination of more than 150,000 square feet.”

The warehouse where the workers were exposed, located at 920 Exchange St. in Rochester, is also near a residential area and a school bus stop. According to public records, the building was built in 1930.

According to the U.S. Occupational Safety & Health Administration, asbestos was used in construction products such as insulation for pipes, floor tiles, vinyl sheet flooring and adhesives and can be found throughout buildings built prior to the 1980s. When undisturbed and intact, asbestos products typically do not cause any harm, but when renovation work is done it is important to remove the asbestos-containing products.

Even small amounts of asbestos and infrequent exposure can create a risk for contracting mesothelioma or other asbestos-related diseases. The 12th Report on Carcinogens from the U.S. Department of Health and Human Services said that studies have found that asbestos causes both pleural (lung) and peritoneal (abdomen) mesothelioma, as well as cancer in the respiratory tract and other tissues. The U.S. Attorney’s Office reports that exposure to asbestos can also cause cancers of the esophagus, stomach, colon, and other organs.

The EPA and OSHA, as well as New York agencies, have strict guidelines and regulations for managing asbestos abatement projects. When renovation or demolition projects are undertaken it is imperative that those guidelines be followed closely.

The time for action is now. If you or someone you love has been diagnosed with mesothelioma , the mesothelioma lawyers at Belluck & Fox, LLP to work for you and your family. We also have locations at Albany, Rochester, and WoodstockKnow more about the cases we take.

Belluck & Fox $3.2 Million Verdict for Veteran Exposed to Asbestos Withstands Post-Trial Challenges

Just over a year ago, attorneys from Belluck & Fox, LLP, a New York Mesothelioma Law Firm, won a $3.2 million lawsuit for a U.S. Navy machinist mate who died from mesothelioma after being exposed to asbestos from products used in connection with Jenkins Bros. valves.

Jenkins Bros. challenged the verdict and fought the ruling, however, last month a NY supreme court judge rejected the defendant’s challenges and the award stands.

Read about the initial ruling in a May 24, 2016 press release.

During the initial case, Belluck & Fox, LLP attorneys argued that when Scott Shays was 17-years-old he served as a Machinist Mate Fireman Apprentice on the USS Plymouth Rock, LSD 29.

During that time, from April – December 1976, he was exposed to asbestos from gaskets, packing, and external insulation used in connection with Jenkins Bros. valves. Decades later, at 55-years-old, Shays was diagnosed with pleural mesothelioma. He succumbed to the disease on April 20, 2016.

The $3.2 million award was for past “pain and suffering including the loss of the pleasures of life,” finding Jenkins 50% liable for acting with a reckless disregard for the safety of others. This case was the first verdict directly against Jenkins Bros. in an asbestos-related case.

According to a June 1 article from Harris Martin Publishing, after the verdict, Jenkins Bros. attorneys “asked the court to set aside the jury’s verdict and to have the court order a new trial on the issue of liability and recklessness,” claiming the jury instruction for ‘recklessness’ was faulty. In the ruling on May 12, the court noted that the defense did not raise any issue related to this during the trial.

Other issues raised by the defense were also rejected by the court, including the defense’s evidentiary challenges where the court said, “The Court once again adheres to its ruling at the time of trial. The defendant’s motion on this ground is denied in its entirety.”

“The court notes that even if some evidentiary rulings were in error, said error, if any was not so egregious as to mandate the setting aside of the jury’s verdict,” according to the Harris Martin article.

Expert Insight

NY Supreme Court

“The Court finds that substantial justice was achieved in this trial.”

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“Our law firm, Belluck and Fox, is dedicated to representing mesothelioma victims across New York State and across the Country, ” Mr. Belluck said after the initial verdict. “We are especially proud to represent veterans such as Scott Shays. He was an American hero and served his country honorably. ”

The plaintiffs were represented by partners Joseph Belluck and Seth Dymond, and associate attorneys Brittany Russell and Rachel Lanier, all of Belluck & Fox.

In May, Belluck & Fox, LLP won an appeal upholding a $4 million asbestos lawsuit.

About Belluck & Fox, LLP

The mesothelioma law firm of Belluck & Fox, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as individuals with claims related to other mass torts, motorcycle crashes, lead paint and other serious injuries. The firm’s attorneys have won more than $1 billion in compensation for clients and their families.

The firm’s headquarters is located at 546 Fifth Avenue, Fifth Floor, New York, NY 10036 (local phone 212-681-1575). The firm also features New York offices in Albany, Rochester and Woodstock. For more information, contact the firm through its online form or call 212-681-1575 (518-621-2699).

 

Another Success Story:

Belluck & Fox Wins Another Appeals Court Ruling

Ultimate Guide to Paralegal Ethics & Rules

Ethics is one of the most important aspects of working in the field of law. As a paralegal, you cannot legally practice law. However, you are still bound by the same ethics that bind attorneys.

Here is a guide to the rules and code of ethics for paralegals, breaking down some of the most important to know as a paralegal.

Guide to Becoming a Paralegal

To become a paralegal, you must already possess ethical behavior. In many states, individuals with felony convictions cannot become paralegals. Many corporations and injury law firms will also refuse to hire a paralegal with a felony conviction, even if the state does not outlaw it. In many cases, this can extend to other types of criminal history and even poor credit scores. This is because some companies see a poor credit score and unpaid bills as a sign of instability or lack of responsibility. Most paralegals will go through a background check. If there is evidence of unethical behavior in a background check, it is unlike the person would get or retain a job as a paralegal.

As a Paralegal

Once you become a paralegal, ethics are even more important.

Here are some of the key areas of ethics you should understand and follow:

Legal Regulations

While primary regulations apply to attorneys, it is still important to understand and follow them. Attorneys are regulated through the judicial system. In many states, gaining membership to the state bar is mandatory to practice law. The American Bar Association (ABA) is a voluntary association, but many attorneys are members. This important body has adopted the Model Rules of Professional Conduct to maintain the standards of attorneys across the nation. These rules of professional conduct should serve as a guide to paralegals and legal assistants when navigating ethical issues.

The most applicable rule to paralegals is Rule 5.3, which defines the responsibilities of attorneys when working with paralegals. Though it does not define the responsibilities of paralegals, it still has important implications for paralegals, and is important to know:

“With respect to a nonlawyer employed or retained by or associated with a lawyer:

new york ethics rules1. A partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;

2. A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and

3. A lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:

  • The lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
  • The lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.”

Although not specifically defined, a paralegal is the nonlawyer to which this rule refers. Section (a) simply states that the attorney needs to make reasonable efforts to ensure that your is compatible with his or her professional obligations. Section (b) requires the attorney to supervise and is responsible for the nonlawyer’s conduct. Section (c) states that an attorney is in violation of the Rules of Professional Conduct if he or she orders the unethical conduct, or knows of the unethical conduct and fails to take steps to stop or correct it.

Though the attorney is responsible for your actions as a paralegal, and can end up facing discipline if you act unethically, punishment will fall on you. It is ultimately up to you to act ethically.

Navigating the Gray Areas

When you work as a paralegal, the judicial system, attorneys, the public, and the law expect you to behave ethically. While some decisions are easy to make, such as not doing something if it is illegal, some fall into a “gray area.” Depending on the field and type of work you do, you could find yourself facing client confidentiality, disclosure laws, and legal technicalities. A good guide for navigating these tricky, gray areas is to ask yourself if it violates anything in the attorney’s code of conduct. In addition, you can look to guidance from your paralegal association. If you become part of an association or paralegal network, you can come into contact with others who experience the same dilemmas and can offer sound advice.

If you would like to learn more about the Paralegal profession visit Fremont College. Their website offers a number of resources for those looking for a career as a paralegal.

U.S. Company Recalls ATVs Shipped Overseas Due to Asbestos-Containing Parts

Although many Americans believe asbestos is banned in this country, the fact is that it is not. While organizations and foundations fight for a global ban on the toxic mineral, the U.S. is one of the last holdouts. U.S. vehicle manufacturers can still use asbestos-containing materials in some products, but few other countries still allow that practice.

Polaris Industries, a Minneapolis-based manufacturer of ATVs and snowmobiles, had to recall nearly 35,000 all terrain vehicles for violating the asbestos ban in Australia, Europe and New Zealand, according to a June 19 article in the Seattle Times. The vehicles included nearly a dozen different ATV models sold in those countries since Dec. 31, 2003.

No Polaris recalls are expected in the United States and Canada since there are no bans in place regarding asbestos use in brake pads and other parts.

Although asbestos has been identified as a human carcinogen, and exposure to the mineral can lead to mesothelioma and other diseases, it has been used for decades by U.S. manufacturers in building construction materials as well as in vehicles in brake pads and clutches. Since the 1980s, asbestos has not been used in building materials.

Mesothelioma is a unique and rare form of cancer, typically affecting the lining of the lungs. Before doing any work on a vehicle, assume asbestos is present and consider taking it to a certified mechanic who understands the dangers of asbestos and follows proper safety procedures. The U.S. Environmental Protection Agency reports there is no safe level of asbestos exposure.

In its brochure, “Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers,” the U.S. Environmental Protection Agency notes that some automotive brakes and clutches in use today may contain asbestos, and as a result, anyone who repairs or replaces them may be exposed to asbestos dust. There are mandatory measures that employers must implement for automotive work, but the EPA encourages home mechanics to be cautious.

As a best practice, the Occupational Safety and Health Administration states that mechanics should assume all brakes have asbestos-type shoes and use the “wet wipe method” during work on the parts. The method involves using a spray bottle of water to wet all brake and clutch parts. The brakes can then be wiped clean with a cloth. Brake and clutch dust can be seen when a brake disk, drum, clutch cover, or the wheel is removed from a car, truck, or other equipment.

The Asbestos Disease Awareness Organization, with a mission to raise public awareness about the dangers of asbestos exposure and to work towards a global asbestos ban, reports that the United States is the last western industrial nation not to ban asbestos and that just last year asbestos consumption in the U.S. was approximately 340 metric tons.

The ADAO posted the following message on its website on June 2 to encourage the public to take action by signing a petition to have the EPA ban asbestos.

“The EPA has put decades worth of time and dollars into research asbestos — they have all the data they need to ban this killer completely — without any loopholes or exceptions that allow greedy corporations to keep using it.

Rather than spending more years and more money to determine what we already know to be true, we urge the EPA to heed existing data BAN ASBESTOS NOW!”

Close to 3,000 Americans are diagnosed with mesothelioma each year. The cancer is highly aggressive and there is no cure.

Photo Credit: Polaris Industries

If you have been suffering from asbestos-related diseases, our asbestos attorneys at Belluck & Fox can certainly help. We have locations at AlbanyRochester, NYC and Woodstock.

Vandalism at Illinois School Could Lead to Asbestos Abatement Work

Several teenagers bent on entertaining themselves at the end of July took to vandalizing St. Mary’s Catholic School in Bloomington, IL. Not only might the destruction lead to a delayed opening of school, but it may also lead to a hefty price tag for cleanup. The cleanup could involve removing asbestos-containing tiles that were damaged during the incident.

According to reports, the teens damaged several classrooms, the gymnasium, the teachers’ lunch room, the basement as well as the boys locker room. Damage done to the school’s old wing, built in 1954, which houses some of the classrooms and the science room, could have released asbestos fibers into the air. State investigators are assessing the damage and are checking to see if any asbestos was released.

“So we have asbestos tile that we want to make sure that we are not breaking into or any of that,” says Principal Jamie Hartrich, according to WJBC news. “We want the safety of our children when they return to school to be the best.”

The principal reports the vandals dumped water and scratched an obscenity on the gym floor, chemicals were dumped on the carpet in the science room, a projector was destroyed and shaving cream was spread throughout the room, according to a July 25 article in Pantagraph. Other classrooms and the hallways also sustained damage.

The concern with asbestos is due to the damaged carpet which covers asbestos-containing tiles. The carpet is glued to the tiles, and any work required to remove the tiles will require specially-trained asbestos workers. The area of the work would also need to be sectioned off from students and teachers.

“The (carpet-covered) floors affected have tile that contain asbestos,” said St. Mary’s Principal Jamie Hartrich, per Pantagraph. “If it’s contained and covered, no one is at risk.”

According to the U.S. Environmental Protection Agency, asbestos has been used in a variety of building construction materials for insulation and as a fire retardant. Asbestos can be found in a wide range of building materials, including roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products. Although no longer used in construction materials, schools built prior to 1980, more than likely, contain some asbestos-containing materials.

Anytime asbestos is disturbed it is necessary to immediately contain and clean the area. Regulations under the EPA’s Clean Air Act specify work practices and guidelines to be followed for management of asbestos to keep the public and workers safe. The goal of asbestos management is to minimize exposure of all building occupants to asbestos fibers. The EPA reports there is no safe level of asbestos exposure.

When asbestos fibers become airborne they can be inhaled, leading to scarred and damaged lungs which is why several efforts to clean up properties contaminated with asbestos are being rewarded. Over time, the person can develop mesothelioma, asbestosis or other asbestos-related diseases. Mesothelioma is an incurable cancer that is diagnosed in nearly 3,000 Americans each year.

Hartich said she is hopeful school will start on time after a representative from the Illinois EPA visited St. Mary’s saying he is optimistic that the asbestos work should be an easy removal.

At Belluck & Fox, LLP, our experienced asbestos attorneys will analyze your case and every potential source of compensation. We also have locations at Albany, Rochester, and Woodstock.