Thursday, January 20, 2011

Toxic Mold Litigation, Where have you gone....?

From 1998-2005 I handled over 300 "toxic mold cases". Turned many, many down as well. While there were few personal injury cases which were homeruns(usually $25,000-$100,000 per case), those with property damage brought larger results.
Resolved one case for a couple for $510,000 and just 2-3 years ago I concluded my last case in N.J. for $202,000 for a family with toxic mold infestation.

So where have all the cases gone? I believe the heavy cost of litigating them, Frye-Daubert issues, some bad "Appellate Division Law" in N.Y. and statute of limitations issues inherent in " toxic exposure cases"(see CPLR Section 214(c)2 ) have scared away most practitioners.

Oh well, it was good while it lasted.

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