Michael A. Ponterio Recognized as National Trial Lawyers Asbestos Mesothelioma – Top 10 Attorneys

We are proud to announce that Founding Partner, Attorney Michael A. Ponterio has been recognized as one of the Top-10 Asbestos/Mesothelioma attorneys in New York State by the National Trial Lawyers Association.  The Asbestos/Mesothelioma Trial Lawyers Association – Top 10 is an “invitation-only professional organization composed of and limited to the Top 10 attorneys from each state or region who […]

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Anne Joynt Nominated for 2019 ATHENA Young Professional Leadership Award

Anne Joynt Nominated for the 2019 ATHENA Young Professional Leadership Award Each year the Buffalo Niagara Partnership recognizes contributions made by individuals to advance the status of women in the Buffalo Area.  As stated on the Buffalo Niagara Partnership’s website, the ATHENA Young Professional Leadership Award® honors emerging leaders under 40 years of age who demonstrate […]

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Jillian M. Ponterio Joins Lipsitz, Ponterio & Comerford

Lipsitz, Ponterio & Comerford, LLC, is pleased to announce that Jillian M. Ponterio has joined the firm as an associate attorney. Ms. Ponterio will focus her practice on the representation of individuals suffering from occupational diseases, including mesothelioma and lung cancer.
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Lipsitz & Ponterio Publishes its Fall 2017 Newsletter

Topics include: Lipsitz & Ponterio Client Awarded $1.2 Million in Medical Malpractice Case; Summer Job Led to Mesothelioma - Lipsitz & Ponterio Settles Case for  $3.1 Million; Workers' Comp Benefits: Widow Whose Husband Was Exposed to Deadly Chemicals; Lipsitz & Ponterio Moves to the Liberty Building and more......
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Lipsitz & Ponterio Represents Families Injured by Defective Products

Many of our clients, as well as the Western New York community as a whole, identify our firm with asbestos  litigation, especially mesothelioma cases.  While this area is certainly where we concentrate our practice, it is important to know that asbestos litigation is part of a broader area of law known as products liability.

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Western New York Lawmakers Crack Down on Negligent Property Owners

In the wake of the Flint, Michigan, water crisis, Western New York’s lawmakers are reviewing the effectiveness of laws and policies aimed at protecting children from lead poisoning. While lead-contaminated water was the culprit in the recent public health crisis in Flint, lead paint in older homes (particularly in inner-city areas) remains the primary source of childhood lead poisoning in New York State.

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Appeals Court Upholds $3 Million Verdict in Asbestos Case

The court, in a decision anxiously awaited by industry and business groups across the country, ruled against Crane Co., the Connecticut manufacturer found partially responsible for Suttner’s death. Suttner, who retired from GM in 1996 after more than 30 years of employment, was diagnosed with mesothelioma two years before his death.

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Buffalo Law Firm Wins Major Appeal in Asbestos Case in New York’s Highest Court

New York’s highest court upheld a wrongful death verdict on behalf of a Buffalo-area widow who lost her husband to mesothelioma. In a landmark, forty-eight page majority opinion, Judge Sheila Abdus-Salaam reaffirmed that New York’s longstanding rule that a manufacturer who sells products in New York assumes a serious responsibility to warn end-users about non-obvious dangers of intended uses of its products.

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Buffalo targets lead paint problem with new program

Buffalo is promising a more aggressive and coordinated approach to the city’s lead paint problem, putting a greater onus on landlords to ensure that houses are safe while also promising more lead testing, screening and remediation by government agencies

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Lipsitz & Ponterio Publishes its Spring 2016 Newsletter

Topics include: Experienced Trial Team Handles Automobile Accident Cases; Judge Awards $5.6 Million to Former Durez Employee; Asbestos Deaths are Higher than State and National Averages in WNY; Local Judge Recognizes Depth of Mesothelioma Victim's Pain and Suffering; Lipsitz & Ponterio Represents Individuals Injured by Home Waxing Kits; and more...

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Judge Awards $5.6 Million to a Former Durez Plastics Employee

In July 2014, Joseph Muir, age 57, was diagnosed with mesothelioma as a result of his job-related and secondhand exposure to asbestos.  Following a non-jury trial in October 2015,  the Court issued a decision and verdict awarding Mr. Muir over $5 million in his lawsuit against a Canadian asbestos mining company, Hedman Resources Limited.

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Asbestos Deaths are Higher Than State and National Averages in WNY

The asbestos-related death rate in Niagara County is the highest in the state. Erie County, which has a population of nearly five times that of Niagara County, experiences about 8.1 deaths per 100,000 residents. The death rate in Erie County is nearly double the rate statewide. Cattaraugus County has a much smaller population, but has an average annual asbestos-related death rate well above the state average.

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Local Judge Recognizes Depth of Mesothelioma Victim’s Pain & Suffering

On July 23, 2015, after a nine-day trial, a Buffalo jury delivered a $1.42 million dollar verdict to the widow of a United States Navy veteran, who died of mesothelioma, an asbestos-related cancer. The trial was presided over by Supreme Court Justice Deborah A. Chimes.  The jury determined that the misconduct of defendant, John Crane Inc., a Chicago-based manufacturer of asbestos gaskets and packing material, contributed to the death of William R. Voelker. 

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Roswell Park Cancer Institute’s Breath of Life Celebration

This past November, during Lung Cancer Awareness Month, Roswell Park hosted its seventh annual Breath of Life Celebration.  Roswell Park oncologists, physicians and support staff gave presentations highlighting the most recent advances in lung cancer treatment, diagnosis and screening.

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Critical Role Played by Union Officials at Linde

In the early 1990s, two former union officials, Ralph Krieger and Joe Sebastian, called John Lipsitz to see if Lipsitz & Ponterio could help one of their union members from Local 8-215, Oil, Chemical and Atomic Workers Union (OCAW) at the Linde Division of Union Carbide. This union worker had been diagnosed with Non-Hodgkin’s Lymphoma.  

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Longtime Bethlehem Steel Bricklayer Receives Monetary Settlement

Our client worked throughout the Bethlehem Steel facility, including the Open Hearths, the Mold Yards, the Basic Oxygen Furnace, the Coke Oven Division, the Soaking Pits and the Blast Furnaces.  As a bricklayer, he worked with bricks, asbestos-containing refractories and insulation materials.

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Celebrating 20 Years

In October 2015, we celebrated our 20 year anniversary. Here are some photographs of our attorneys and staff throughout the past several years.

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Attorney Spotlight – Mathew J. Morton

Mathew J. Morton has been a key member of our asbestos/mesothelioma practice group since 2009.  He represents clients who have suffered injuries as a result of exposure to  asbestos and other toxic substances, including coke oven emissions and coal tar pitch.

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For families, justice elusive over deadliness of asbestos

And then, in 2014, at the age of 56, his career as a project manager flourishing, Joseph L. Muir learned that he had mesothelioma. He died a year later but lived long enough to see a jury in Buffalo attribute his illness to asbestos exposure and his two summers 40 years ago working at Durez.

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Another Voice: Negligence by landlords requires a legal remedy

It’s no surprise that young children in Western New York suffer from the highest rate of lead poisoning in upstate New York. Eighty-seven percent of the homes in Erie County were built before 1978, the year the federal government banned toxic lead-based paint from use in residential structures.

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Are Asbestos Products Being Sold Today?

Despite the well-documented health dangers associated with asbestos, this mineral has never been completely banned in the United States.  There is indeed no level of exposure low enough to guarantee the prevention of a form of cancer known as mesothelioma. Given the grave danger it poses to human health, why has our government not instituted an outright asbestos ban?  

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Mesothelioma and the Younger Worker

Many assume that asbestos disease afflicts only retirees or those approaching retirement age. There is a misconception that asbestos disappeared from the work environment when stricter government regulations were enacted in the early 1970s. This is only partially true. 

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Attorney Advertisement Advisory

Hiring a mesothelioma attorney is an important decision that should not be taken lightly. Experience is required to develop the skill and judgment necessary to provide effective representation to the victims of asbestos-related diseases, including mesothelioma. 

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Equipment Cases Out of Kodak

Two Eastman Kodak workers represented by Lipsitz & Ponterio recently received significant settlements for their asbestos-related injuries. Our clients, a machinist millwright and a pipefitter, were previously employed by the Eastman Kodak Company located in Rochester, New York.

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Attorney Spotlight – Joseph T. Kremer, Esq.

Joseph T. Kremer, Esq. is an experienced trial lawyer, who has represented personal injury victims since 1989. As an attorney at Lipsitz & Ponterio, Joe practices in the areas of lead paint poisoning, asbestos litigation, product liability, construction accidents, medical malpractice and automobile accidents. 

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Dealing Safely With Asbestos In Your Home

Too often, home owners begin renovations unaware that asbestos may be present in the materials they are disturbing. The question then becomes, “What should the property owner do before beginning renovations?”

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Our Attorneys Will Come To You

In the past year, our attorneys have made dozens of trips throughout the United States to assist clients exposed to toxic materials, such as asbestos, while living and working in New York State.

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Asbestosis Denial Reversed

After more than five years of litigation before the New York State Workers’ Compensation Board, Lipsitz & Ponterio has succeeded in establishing that the death of Joseph “Joe” Mahoney (close friends and family also knew of him as “Herk”), a former employee of the Linde Division of Union Carbide in Tonawanda, New York, was caused by his workplace exposure to asbestos. 

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Warnings – Handle with Care

Lawyers, especially those who represent plaintiffs in asbestos disease lawsuits, tend to think a good deal about warnings.  After all, the claim that the defendant companies failed to warn the plaintiff about the potential health hazards of exposure to asbestos dust from their products is at the core of every asbestos lawsuit.  Similarly, the failure to warn constitutes the basis of many other types of toxic exposure lawsuits, as well as lawsuits involving consumer goods and medications.

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Important Legal Documents You Need to Consider

By making your health care wishes known now, you can provide the authority to individuals who you trust to carry out those directions and preferences when necessary.  In the best of circumstances, you will openly and honestly discuss your wishes with your appointed agents. The following are several legal documents that you should consider and discuss with your legal advisor or health care provider:

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Mathew J. Morton Joins Lipsitz, Ponterio & Comerford

Lipsitz & Ponterio, LLC is pleased to announce that Mathew J. Morton, Esq. has joined Lipsitz & Ponterio, LLC as an associate. Mr. Morton will practice in the areas of asbestos and mesothelioma litigation as well as automobile accidents.

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Former Donner Hanna Worker Sues Coke Oven Manufacturer

Until it ceased production in 1982, Donner Hanna was, at one time, one of three coke oven operations in the Buffalo area. This facility produced metallurgic coke, a vital material used in the steel making process, as well as other coke by-products, including various chemicals, coke oven gas and coal tar.

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Progress on Claims for Atom Weapons Employees

Congress passed the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) in 2000. The purpose of EEOICPA was to provide monetary compensation and medical benefits to atomic weapons workers who developed cancer as a result of radiation exposure, as well as to workers employed by atomic weapons producers who have developed chronic beryllium disease. 

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Large Settlement Goes to Bricklayer from Bethlehem Steel

The plaintiff worked throughout the Bethlehem Steel facility, including the Coke Oven Division, the Open Hearths, the Basic Oxygen Furnace, the Strip Mills, the Bar Mills and the Blast Furnaces. As a bricklayer, his work frequently involved relining the ovens and the furnaces and working in close proximity to outside contractors applying asbestos-containing insulation to steam pipes and other hot surfaces.

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Advantages to Mediation and Expedited Resolution

In mediation, there are no judges or juries to make final, binding decisions; the parties themselves make their own agreements, and a mediator oversees discussions between parties. Benefits of mediation vary, depending upon a client’s needs and interests. In short, pretrial mediation is a useful tool in obtaining early resolution of cases. 

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