New York City Litigation Lawyers Blog

Mesothelioma is one of the deadliest forms of cancer known today – an incurable disease that claims the lives of thousands of victims in the United States each year.

While medical science continues to develop miraculous technology that prolongs many of the lives ravaged by this insidious condition, a cure for mesothelioma is still out of reach and the prognosis is always fatal.

Tragically, there is usually little time left after a mesothelioma diagnosis, and physicians are left with few options except to help alleviate physical suffering and ensure that a victim’s final days are as comfortable and pain-free as possible.

Within this site you’ll find facts and information about mesothelioma that includes :

• What is Mesothelioma? Facts on Pleural, Peritoneal, and Pericardial mesothelioma

• What is Asbestos? Asbestos in the home and workplace

• Mesothelioma Symptoms

• Mesothelioma Treatment and Treatment Options

• Lung Cancer – Facts on causes, growth, metastasis, and lung cancer cell types

• Mesothelioma Diagnosis – methods and tests for mesothelioma

• Asbestosis – Facts, indications and symptoms of this non-cancer condition.

Proving the link between one’s illness and their asbestos exposure is a difficult and time-consuming responsibility. This is why the guidance of an experienced Mesothelioma lawyer is critical in helping victims and their families seek and receive financial compensation for their profound suffering.

People can be exposed to asbestos in their home, workplace, many workers in older factories, ore mines, and shipyards were at risk of asbestos exposure.

Other types of workers exposed to asbestos includes :

• US Military and Navy personnel

• Engineers

• Construction workers such as pipefitters and steel workers

• Auto mechanics -working on brakes containing asbestos

• Insulation workers

• Asbestos textile workers

• Demolition workers

Mesothelioma Cancer :

Cancer can attack any system or organ in the body, and very often shows few external symptoms until it is too late.

Another lethal aspect of cancer derives from the nature of cancerous cells to spread to healthy surrounding tissues by means of the circulatory or lymphatic systems. This combination of factors has made cancers like mesothelioma the single greatest threat to health around the globe.

Mesothelioma is a particularly destructive cancer, for decades pass between exposure to the asbestos and appearance of cancerous symptoms.

Further complicating mesothelioma treatment is the malignant nature of the cancer, for once symptoms surface, current therapeutic treatments are usually no longer effective and post-diagnosis survival rates typically range from four months to a year.

Even though mesothelioma is a rather rare condition, there are a number of professions that exposed people to this deadly and incurable disease.

Many people who worked in or around military installations, or in the automotive, construction, or chemical industries now exhibit the first signs of mesothelioma.

Asbestos was used for decades as insulation or in building materials, which potentially exposed millions of workers to this deadly cancer. Most doctors and medical experts agree that there will be tens of thousands of new cases of mesothelioma in the years to come.

Facts about Asbestos and Mesothelioma :

There is only one known cause of mesothelioma : exposure to asbestos.

Asbestos is a naturally occurring mineral used for centuries in insulation, clothing, and fire-resistant materials.

Ancients praised this versatile material, but also decried the lethal nature of the small fibers easily inhaled by anyone who used it. It was not until the 20th century that X-Rays, computed axial tomography (CAT) scans, and magnetic resonance imagery (MRI) revealed the extensive damage caused by these microscopic fibers.

Even though advances are made every day in modern times, medical science is still only beginning to provide adequate treatment for mesothelioma.

Asbestos Exposure Facts :

Responsibility for deadly asbestos exposure is primarily due to the proliferation of asbestos related materials combined with the negligence of the injury to properly warn their employees and consumers about the dangers of their products.

For years the asbestos industry concealed or minimized the potential dangers their products posed in the name of profits, fearing lawsuits and diminished demand would ruin their businesses.

Ultimately, this deception and negligence virtually destroyed the industry and nearly bankrupted several prominent insurance companies responsible for protecting asbestos companies against potential lawsuits.

If you are suffering from mesothelioma, or have lost a loved one to the disease, you may have the right to receive reparations from the asbestos industry that failed to adequately warn consumers of the grave risks associated with their product.

A knowledgeable and understanding mesothelioma lawyer will help you fight for justice and the financial compensation to offset those spiraling medical expenses and to provide financial security for your family’s future. Don’t hesitate though, because the law limits how much time you have to file your claim – contact a mesothelioma lawyer today.

Mesothelioma Lawyers Legal Guide :

When you are faced with something as devastating as a Mesothelioma diagnosis, you have a right to seek answers about why you weren’t forewarned of the dangers of asbestos, and you have the right to seek reparations for you and your family.

If you are a grieving family member or executor of the will of a person who has died from asbestos-related disease or mesothelioma, you may be eligible to file a claim as well.

Legal details are understandably the last thing that someone wants to confront after the initial shock of an asbestos-related illness.

However, taking advantage of your legal rights can create the necessary funds to finance aggressive treatment, pay off huge medical bills incurred during diagnosis, and provide financial security for your family for years to come.

Mesothelioma Litigation Lawsuit :

A good Mesothelioma attorney understands the unique complexities involved in this kind of litigation lawsuit, including asbestos product identification, specific asbestos-related medical issues, and specific time constraints that narrow the window of opportunity to file a claim. It’s important to find the right Mesothelioma lawyer before your state’s statutes of limitations expire, leaving you and your family grieving and empty-handed. There’s no time to wait – contact our mesothelioma lawyers today for a free case review.

Mesothelioma lawyer and asbestos attorney guide in these States :

Alabama (AL), Alaska (AK), Arizona (AZ), Arkansas (AR), California (CA), Colorado (CO), Connecticut (CT), Delaware (DE), Florida (FL), Georgia (GA), Hawaii (HI), Idaho (ID), Illinois (IL), Indiana (IN), Iowa (IA), Kansas (KS), Kentucky (KY), Louisiana (LA), Maine (ME), Maryland (MD), Massachusetts (MA), Michigan (MI), Minnesota (MN), Mississippi (MS), Missouri (MO), Montana (MT), Nebraska (NE), Nevada (NV), New Hampshire (NH), New Jersey (NJ), New Mexico (NM), New York (NY), North Carolina (NC), North Dakota (ND), Ohio(OH), Oklahoma (OK), Oregon (OR), Pennsylvania (PA), Rhode Island (RI), South Carolina (SC), South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT), Vermont (VT), Virginia (VI), Washington (WA), Washington DC (DC), West Virginia (WV), Wisconsin (WI), Wyoming (WY).

number of view: 43

A 90-year-old law currently limits money recoveries in wrongful death actions brought by the survivors of workers killed in the April 20 explosion on the Deepwater Horizon oil rig operated by BP PLC.

The Death on the High Seas Act was enacted in 1920 and has been the law ever since regarding liability limits for wrongful death occurring more than three miles off any American shore. Members of Congress are now questioning its rationale and fairness in the aftermath of the 11 deaths that occurred beyond that boundary in the Gulf of Mexico.

Representative Edward Markey, D-Mass, is a member of the House Energy and Commerce committee and a vocal critic of the Act. Responding to recent testimony from killed workers' widows, he stated that, "One way we can hurt BP is to make sure that 'BP' stands for 'bills paid.'"

One of those widows, Natalie Roshto of Liberty, Mississippi, told committee members that her husband, who had worked on the Deepwater rig for more than four years, told her of numerous problems with the well prior to its explosion. Roshto said she would like to ask BP management, "Why weren't you out there trying to do something in the weeks before when they were having problems?"

Under maritime law, the oil rig was considered an ocean-going vessel, flying the flag of the Marshall Islands. Rep. Markey would like to change both that status and the law, citing a congressional duty to do so, "so that we never again have a situation like this."

It was not clear whether a repeal of the law would apply going forward only or whether Congress would seek to have it apply retroactively so that widows of workers already killed could collect additional benefits.

Related Resource: Associated Press "Gulf rig widows urge repeal of high seas death law" June 7, 2010

It’s the closest thing to walking on water.

But you’d better keep your balance, or your tranquil glide along Lake Ontario could end with a splash and a soaking.

Stand-up paddleboarding is quickly becoming all the rage across the Great Lakes and gaining ground as the leisure sport of choice this summer in Toronto, over the familiar canoe and kayaks characteristic of the Canadian cottage scene.

“It’s getting so popular. It’s an easy thing to do and easy to pick up,” says Mike Sandusky, founder of Surf Ontario.

“You get the feeling you’re walking on water.”

Originating in Hawaii decades ago, stand-up paddleboarding was designed by surf instructors to help people who could not pick up the traditional style of surfing. The boards were made thicker and wider and would-be surfers were offered paddles while standing on the boards to help them balance along waves.

Soon however, stand-up paddleboarding emerged from its surfing subculture into the mainstream with celebrities like Pierce Brosnan, Cindy Crawford and Kate Hudson taking up the sport. Its popularity has exploded within Canada in the last four years, the boards becoming a regular sight in Muskoka and along the Toronto lakeshore.

Benson Cowan, 40, decided to take up stand-up paddleboarding this past spring after watching a couple of YouTube videos.

“When you get on the board, you get it,” he remarks.

The Toronto-based lawyer, who has been canoeing and kayaking in the past, found the sport easy to pick up within an hour, and now enjoys cruising along the still waters of Cherry Beach and Ashbridges Bay with a rented stand-up paddleboard.

“It’s a great workout, and you’re really close to the water. It’s much more accessible than surfing.”

“Everyone in California is talking about it, it’s becoming the next big thing,” he says.

Steve Martin, owner of the Toronto Boardsports on Yonge St. near Davisville Ave. certainly agrees that this summer is quickly becoming one marked by the stand-up paddleboards in Toronto.

Martin says sales of stand-up paddleboards have doubled every single year since the store started stocking them in 2006. The store has even stopped selling kayaks due to their diminishing popularity.

“Compared to canoe and kayaks, it’s way more fun. It’s not replacing them yet, but it’s giving people alternatives.”

The boards, which can range anywhere from $600 to $2,000, are typically 3 ½ metres long and can handle a weight of up to 240 lbs. However, keeping your balance while floating on water is a lot easier than you think, Sandusky says

“The boards are more stable than most people think. It takes a bit more balance,” Sandusky says, adding that a complete amateur could feel comfortable after an hour of practicing.

One reason for the sport’s fast-growing popularity may be due to the growing number of women taking up the sport, compared to the male-dominated sport of surfing.

Sandusky, who runs a weekly group outing on his paddleboard every Sunday at Ashbridges bay, estimates that about half of all stand-up paddleboarders are women, attributing groups like the Toronto-based ‘SUPGirlz’ for opening the sport up to more women.

“They know a real cool sport when they see one,” he laughs.

Mike Howes, sales associate and instructor at the Complete Paddler near Islington Ave. and the Gardiner Expressway, predicts that we’ve only seen the beginning of stand-up paddleboarding in Toronto.

“I think this summer we’re just on the cusp, I expect next summer it will absolutely explode,” he says.

The following is the text of a Fraud Alert sent by LAWPRO to Ontario lawyers on June 29, 2010. Due to the response we received from our previous alert on June 17 we felt it was important to make lawyers aware of new details we’ve learned about this scam.

Last week’s fraud warning e-blast on the collaborative family law agreement fraud prompted dozens of calls and emails to LAWPRO. At least 30 Ontario lawyers indicated they had been recently targeted or were in the middle of dealing with a matter involving this exact fraud. These calls and emails have helped us better understand how this fraud works, and how the fraudsters are taking steps to appear ever more convincing and legitimate.

With this follow-up e-blast, we are sharing this information to help you avoid being duped. It is critical that all lawyers be alert to this and similar bad cheque frauds. Lawyers in Ontario and several other provinces are being targeted on a daily basis.

The essence of these bad cheque frauds is an otherwise legitimate-looking client file that creates circumstances that trick you into quickly disbursing funds from your trust account. The following points will help you appreciate that you must be wary of some of the circumstances that might otherwise make a fraud appear to be a legitimate client matter:

• Don’t be fooled by e-mails personally addressed to you: Some of the initial contact messages we have seen are personalized with the lawyer’s first and last names appearing at the start of the body of the message. (See this post on the Avoid A Claim blog for an example of an initial contact message.)
• Don’t be fooled by a follow-up to the initial contact message: Many lawyers who ignored the initial contact message received an email follow-up message asking if they received the initial contact message. See below for an example of one of these follow-up messages.
• Don’t let you guard down because it is a referral from another Ontario lawyer: Two Ontario lawyers that don’t practice family law indicated that they forwarded the initial contact message to lawyers they knew practised family law.
• Don’t be fooled by a referral from a foreign lawyer: In two instances the initial email was drafted to appear that it was coming as a referral from a UK lawyer.
• Don’t be fooled by a British or European name: In earlier versions of this fraud the clients had an Asian name. In most of the more recent attempts the client has a British or European name.
• Don’t be fooled by legitimate looking identification: The fraudsters are providing identification without hesitation. We have seen colour scans of the identification pages of a Chinese passport and US driver’s licences from various states including Michigan, Illinois, and Alabama.
• Don’t be fooled by a “collaborative family law agreement”: We have seen seven different versions of the same collaborative agreement. See one version of it here. The only differences are the amounts owing and the names of the client, the ex-spouse and their respective lawyers.
• Don’t be fooled by detailed background information: We have encouraged lawyers to ask for further background information when there are suspicions as to whether the matter is a fraud. This remains one of the best ways to determine if the matter is a legitimate one. However, the information provided by the client must be carefully reviewed for reasonableness and consistency as the replies to requests for further information are becoming more detailed and convincing. They now include information that ties the client to Ontario. See an example of a very detailed reply below.
• Don’t be fooled by phone calls that appear to be from local numbers: A few lawyers have received phone calls from these fraudsters which caller-ID indicated were local calls (i.e. from the same area code). Note that it is very easy to fake or “spoof” an Ontario area code and phone number with calling cards or VOIP phones.
• Don’t be fooled by local addresses and phone numbers: In some cases the fraudsters are providing background details that have a local nature; for example, an address where the couple lived, local home or work address for ex-spouse.

Trust your instincts

No doubt, some of you will say that all or most of the above points match many of your legitimate files. These bad cheque frauds are becoming far more sophisticated and spotting them is becoming much more difficult. In most cases there won’t be a single obvious factor that clearly indicates the matter is a fraud. It will be a number of smaller things that just don’t quite add up.

Trust your instincts. If things don’t add up, ask more questions and dig deeper. Get the client on the phone and ask them to provide further background and explanation for anything that is inconsistent or that doesn’t make sense. Have them confirm details in the information they already provided to you and be especially wary if the client is hesitant or unclear on background facts. Don’t be naïve. In reply to our blast last week one lawyer said, “I’m relieved to hear you say that because I’m feeling sheepish for not having recognized that this was a scam from the get-go.”

If you have suspicions, carefully check and verify any background details provided to you. Ask for documentation from the client that will confirm details of any information provided to you. You can do a reverse lookup of phone numbers provided to you or that appear on call display; Google any addresses provided to you. Get the names of lawyers that previously acted for the client or ex-spouse, check online databases to verify they are real lawyers and ask for permission to contact them.

Ultimately, getting the retainer funds or payments from the ex-spouse irrevocably wired to your bank account is the only way to really protect yourself from this type of fraud. If these wires are coming from another Canadian financial institution they should come via the Large Value Transaction System (“LVTS”). If they are coming from a financial entity outside of Canada, the client or ex-spouse’s bank should make arrangements with your bank to wire the funds to your account.

As an alternative to getting funds wired into your account, tell your client that your firm’s policy is that all funds deposited by cheque or bank draft will be held for 30 days or until your firm is able to get confirmation that the funds have cleared.

Finally, you should terminate the retainer if you remain suspicious that the matter is a fraud.

Beware of losses due to exchange rate fluctuations

Three lawyers indicated to us that their banks asked them to make up losses due to exchange rate fluctuations on US dollar cashier’s cheques they deposited that turned out to be counterfeit. These losses ranged from $3000-$5000. In one case the lawyer was successful in having the bank reverse these charges after he elevated a complaint above the branch level indicating that he had been told at the time of deposit that the instrument was valid.

Example of a follow-up message

We have seen several cases where lawyers reported that they received a second message that was a follow-up to the initial email contact. This is the text from one of those follow-up messages:

Dear Counsel

Good day to you. I sent you an email requesting for your assistance to act as my counsel to enforce payment from my ex husband. We have Collaborative Agreement which for sometime he has yet to comply. I contact you and you responded that you were willing to assist me.

Let me know if you are still interested in taking my case or not.

I anticipate your response soonest.

Regards
[Client first and last name]

Example of a very detailed reply to a request for further information

As stated above, the fraudsters are now providing more detailed background information. This is a reply that one lawyer received when they asked for more information:

Dear Counsel,

Good day to you and thanks for responding to my email. Like I mentioned in my previous email, I am currently in Asia on a charitable work with my church in helping out earthquake victims. We are 13-14 hours ahead of Ontario. As I’m writing you this message we are at the middle of the night. Communicating via phone is very tough here. Here is my pastor’s # you can reach me through 86131133599999. It barely go through due to bad network reception. So I will prefer communication via email as it’s easier for me and I have a steady access to Internet. I am also aware that retainer fee has to be paid, please send me your firm’s retainer agreement so that I can review it, signed and send back to you. Upon receipt of the retainer agreement, I shall make immediate arrangement for the retainer fee to be paid.

My full names are [First name, middle initial and last name] and my residential address is 60 Nettle Drive, Cleveland, GA 305281. I am US citizen. Attached is the CPLA, my ID and here is my SSN. 253 35 9390. We are not legally divorce yet and that I intend to do upon my return back to state. What we had was an out of court agreement {CPLA} which was entered into in the state of Georgia. We both used to live together at Georgia before he relocated back to Ontario after our separation. He owns properties in FL, NY, and Canada. I shall be returning back in couple of months but due to the urgency of this matter and the need of my settlement to be made to enable me start up a business, I want it to be resolve ASAP without possible litigation.

We agreed under this Collaborative Law Agreement for a onetime cash settlement of $378,450.00. To his credit, he has paid me $44,000 but still owing $334,450.00. Ever since he made a partial payment he has refused to come up with the due balance given one excuses to the other and he have the money to pay but won’t just want to pay. He is aware of my intention to seek legal actions. The lawyer that helped me with the matter earlier is retired now.

I will be pleased to provide further information on this matter including the CPLA which is attached. I expect this to be a non-litigation matter. I have already advised him I am planning on retaining a legal firm to litigate this issue if need be. He is not disputing it as he had previously made partial payment. Each time he noticed I am seeking a legal action, he always come up with the notion that he will pay but the moment I withdrew legal action, he will continue with same stories. He has the money but just wouldn’t want to pay the balance. I need this money to be able to start up my own business. With your involvement in this matter, I think it will go faster in collecting this fund because I know he doesn’t want to be litigated.

This time, I told him I will be contacting a law firm that will retrieve the money from him and that is why I would appreciate if your firm can help in collecting this fund. I am also aware that a retainer fee has to be paid. That is not a problem. If you will prefer your fee to be paid on an hourly rate basis or, on a percentage rate based on what you will collect from him on behalf of me, that will be also fine with me.

Please send me your firm’s agreement and also include your firm payment information just in case my ex husband want to make a full or partial payment he owes without further delays or possible litigation.

Sincerely,

[Client first and last name].

Cross posted on Slaw.ca

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• New Jersey Family Law & Divorce Lawyer & Attorney - Fox Rothschild Law Firm
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• New Jersey Injury Lawyer & Attorney - Scott D. Grossman Law Firm
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• New Jersey Intellectual Property Lawyer & Attorney - Richard Gearhart Law Firm
• New Jersey Labor and Employment Lawyer & Attorney - Mark E. Tabakman of Fox Rothschild LLP
• New Jersey Lawyer & Attorney - Stark & Stark
• New Jersey Probate Lawyer & Attorney - Cohn Lifland Pearlman Hermann & Knopf Law Firm
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• New Media Lawyer & Attorney - Catherine Kirkman
• New Mexico Civil Righs Lawyer & Attorney - Kennedy Law Firm
• New Mexico Nursing Home Abuse Lawyers & Attorneys - Harvey Law Firm
• New York & Seattle Corporate Dispute Lawyer & Attorney - Grace M. Healy
• New York Business Divorce - Peter Mahler
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• New York Civil Service Attorney & Lawyer - Kevin P. Sheerin
• New York Commercial Division Round-Up - Sheppard Mullin
• New York Construction Injury Lawyer & Attorney - Turley, Redmond & Rosasco Law Firm
• New York Disability Insurance Lawyer & Attorney - Michael Quiat Law Firm
• New York Disability Lawyer & Attorney - Turley Redmond & Rosasco
• New York Divorce & Family Lawyer & Attorney - Daniel Clement
• New York Divorce Lawyer & Attorney - David A. Gabay
• New York Employment Lawyer & Attorney - Greenwald Doherty Law Firm
• New York Employment Lawyer & Attorney - Robert Ottinger Law Firm
• New York Labor & Employment Lawyer & Attorney - Bond, Schoeneck & King Law Firm
• New York Life Insurance Compliance Lawyer & Attorney - Currin Compliance Services LLC
• New York Personal Injury Lawyer & Attorney - John M. Hochfelder Law Firm
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• New York Public Strategies Ken Fisher Law Firm
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• New York Trusts & Estates Lawyer & Attorney - Farrell Fritz Law Firm
• News Media Lawyer & Attorney - Brooks Pierce Law Firm
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• North Carolina Estate Planning Lawyer & Attorney - Trust Counsel, PA
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• North Carolina Product Liability Lawyer & Attorney - D. Hardison Wood
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• North Virginia Injury Lawyer & Attorney - Brien Roche Law Firm
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• Notes from the (Legal) Underground - Evan Schaeffer
• Nursing Home Abuse Blog by Jonathan Rosenfeld
• Nursing Home Lawyer & Attorney - Stark & Stark
• Occupational Safety Lawyer & Attorney - Jackson Lewis Law Firm
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• Overlawyered - Walter Olson
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• Pay to Play Lawyer & Attorney - McKenna Long & Aldridge Law Firm
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• Pennsylvania DUI Lawyer & Attorney - Justin McShane Law Firm
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• The Iowa Edict Lawyers & Attorneys Law Firm
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• Truck Injury Lawyer & Attorney - Morgan Adams
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• UK Tax Issues - Mercer & Hole
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• University of Houston Law Center Faculty Blog
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• Wage & Hour Lawyer & Attorney - Jackson Lewis Law Firm
• Wage & Hour Lawyer & Attorney - Littler Mendelson Law Firm
• Wage and Hour Lawyer & Attorney - Yezbak Law Offices
• Washington & Oregon Construction Defect Lawyer & Attorney - Barker Martin Law Firm
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• Washington D.C. Advertising Lawyer & Attorney - Kelley Drye & Warren Law Firm
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• Washington D.C. Employment Lawyer & Attorney - Littler Mendelson Law Firm
• Washington D.C. Personal Injury Lawyer & Attorney - Gabriel Assaad Law Firm
• Washington D.C. Telecom Lawyer & Attorney - Kelley Drye & Warren Law Firm
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• Washington Real Estate Lawyer & Attorney - Dickson Steinacker Law Firm
• Washington State DWI Lawyer & Attorney - Fox Bowman Duarte
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• West Australian Medical Negligence Lawyer & Attorney : Julian Johnson Law Firm
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• Whistleblower Lawyer & Attorney - LaBovick & LaBovick
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• Whistleblowing Defense Lawyers & Attorneys - Epstein Becker & Green Law Firm
• Wisconsin Business Litigation Lawyer & Attorney - Schober Schober & Mitchell Law Firm
• Wisconsin Truck Accident Lawyer & Attorney - Rozek Law Offices
• Yaz Lawyers & Attorneys - Girard Gibbs Law Firm & The Danko Law Firm
• Youth Serving Lawyer & Attorney - Debbie Ausburn
• eLawyering & Online Legal Services - DirectLaw
• legal sanity - Arnie Herz

Memphis and Nashville divorce lawyer Miles Mason, Sr. comments on the Mary Winkler Case and Tennessee parenting law. For more information, please visit www.MemphisDivorce.com.