Cannabis and mesothelioma: can cannabis help with disease and treatment side-effects?
Last week, during the International Symposium on Malignant Mesothelioma, Dr. Carol Parise presented on the topic of cannabis and mesothelioma. This is a topic of interest to many because while cannabis is already in use by many cancer patients outside of the medical setting, the drug itself is still categorized as a Schedule I drug on a federal level, in direct conflict with state policies that make it legal medically in most states and recreationally in some. Such Schedule I classification requires that cannabis be as tightly regulated by the federal government as heroin, LSD, and ecstasy thus limiting greatly the amount of research possible into this compound.
Cannabis reclassification from Schedule I to Schedule III substance
Recently, in an extraordinary move from its strict historical policy, the U.S. Drug Enforcement Administration has indicated that it will begin the process of reclassifying cannabis from the most restricted Schedule I category, to a more lenient Schedule III drug classification. The ripple effects of this change are expected in the criminal system by preventing incarceration of cannabis offenders, and in the political system by erasing the inconsistencies between federal and state governments. Ultimately, medical research into this compound is expected to finally yield important scientific information about the benefits of cannabis for cancer patients. The exact timeline of these changes remains unknown at this time.
Cannabis types and consumption
Cannabis is a plant that contains cannabinoids, which are compounds that affect the central nervous system. Not all cannabinoids are psychoactive, however. Cannabidiol, which is best known as CBD, has been known as potentially having beneficial effects for cancer patients, without the “high” that is more typical of “marijuana.” The psychoactive compound in cannabis is known as delta-9-THC.
Before taking any drug, substance, or supplement, especially while on active treatment, a patient is encouraged to speak with their physician to avoid any drug interactions that would make their treatment less effective.
Some early studies have shown a potential decrease in effectiveness from immunotherapy when coupled with cannabis consumption.
Cannabis can be taken either by ingestion as an edible or drink, or it can be inhaled as smoke or vapor. Absorption into the bloodstream follows different processes depending on method of consumption, with a much quicker activity seen in inhaled cannabis. However, pleural mesothelioma patients may have to rely on ingestion to avoid further tasking the lungs. Similarly, peritoneal mesothelioma patients might have an easier time with inhalation.
Cannabis and Mesothelioma
There are currently no studies looking into the ability of cannabis to treat cancer, including mesothelioma. However, the use of cannabis to mitigate disease symptoms and side-effect from treatments like chemotherapy has scientific data behind it. Often, patients use cannabis to stimulate their appetite and fend off nausea during chemotherapy treatments when patients have difficulty eating. Cannabis is also used as pain relief and for help managing anxiety and sleep disturbances. Uses that have shown empirical benefit include:
- Using cannabis to relieve nausea and vomiting caused by chemotherapy
- Using cannabis to improve appetite and caloric intake of patients who have difficulty eating due to disease effects and chemotherapy symptoms
- Pain relief during all stages of a cancer diagnosis
- Management of anxiety and as a sleep aid
Downsides of cannabis use for mesothelioma
Due to its classification as a Schedule I drug, cannabis has not been studied enough to understand the potential pitfalls of using it. Patients using cannabis should exercise caution particularly as they choose the method of cannabis consumption.
RECAP: 2024 International Symposium on Malignant Mesothelioma, Chicago
Last week, mesothelioma patients and their families had a unique opportunity to gather with researchers, scientists, and advocates at the International Symposium on Malignant Mesothelioma in Chicago to discuss treatment advances and other mesothelioma-specific issues like asbestos litigation. The law firm of Belluck & Fox was a top sponsor of this mesothelioma conference.
Community Day
The first day of the conference focused on non-medical issues pertinent to mesothelioma patients such as support groups, mental health, talking about the diagnosis with family members and friends, panels about survivorship and young patients, and the role of cannabis in quality of life.
Science Day
The second day of the conference was jam-packed between two concurrent meetings, one for patients and their families, and the other for scientists and health care providers. The patients and families meeting began with an overview of various treatment approaches. Dr. Hedy Kindler of the University of Chicago presented on chemotherapy, immunotherapy, and combination therapies, while Dr. Keith Cengel of UPenn discussed radiation therapy. Dr. Manish Patel of the University of Minnesota expanded on this conversation by comparing chemotherapy with immunotherapy.
Because mesothelioma affects the lining that surrounds the lung, but also other organs including the abdominal cavity, surgical sessions were split between pleural and peritoneal resection approaches, with a special, dual compartment presentation by Dr. Taylor Ripley of Baylor University. Dual compartment mesothelioma refers to disease that is present in both the chest and the abdomen. Dr. Jason Foster of the University of Nebraska, and Dr. Travis Grotz from the Mayo Clinic presented on peritoneal surgery and HIPEC (hyperthermic intraperitoneal chemotherapy). Dr. Chuong Hoang of the National Cancer Institute delved into pleural surgery.
The topic of clinical trials is substantial with over 60 opportunities to participate in an interventional experimental treatment in the United States alone. Clinical trials featuring immune checkpoint blockades, typically referred to as immunotherapy treatment, and targeted therapies were discussed by Dr. Marjorie Zauderer of the Westchester Medical Center. Dr. Melina Marmarelis of UPenn explained anti-angiogenesis and viral and neoantigen trials.
Mesothelioma diagnosis and recurrence monitoring were covered through subtopics of imaging, presented by Dr. Christopher Straus of the University of Chicago, biopsies explained expertly by Dr. Andrea Wolf of Mount Sinai, and pathology presented by Dr. Jennifer Sauter of Memorial Sloan Kettering Cancer Center. Dr. Sauter provided an in-depth explanation of mesothelioma pathology including the difference between epitheliod and sarcomatoid mesothelioma, and the combination of the two, called biphasic mesothelioma. Finally, Dr. Raphael Bueno from Brigham and Women’s presented some new information about mesothelioma cells that just recently came out in print. In addition to the three histology types mentioned above, he identified another cell type which he termed “uncommitted.” As he explained, this group of cells has the potential to provide an additional target for therapies.
The Science Day closed with a dynamic panel on legal issues connected to mesothelioma featuring Joe Belluck of the Belluck & Fox law firm; Kathy Farinas from the DOBS law firm; and Dawn Besserman of MRHFM.
Belluck & Fox Wins Fourth Department Appeal in a Sexual Abuse Case Against Minors
For Immediate Release: Thursday, October 10, 2024
Contact: Maja Belamaric; [email protected]
New York – Belluck & Fox LLP, a nationally recognized personal injury law firm, today announced that the Supreme Court of New York’s Appellate Division, Fourth Department issued a recent decision in favor of their minor clients who were sexually assaulted on their school bus by an older classmate over a period of two years.
The decision, Porschia C., et al. v. Sodus Central School District, et al., CA 24-0054 (N.Y. App. Div., 4th Dept., Oct. 4, 2024), lays the groundwork to ensure safer conditions for all young students at schools across the state.
“This decision ensures that our clients will see their day in court for the heinous acts perpetrated against them,” said Belluck & Fox managing partner Joseph Belluck. “It more broadly reaffirms that schools must take affirmative steps to protect children in their care, who are often too young or otherwise unable to report sexual abuse.”
Belluck & Fox commenced the action in Wayne County, New York on behalf of their minor clients against Defendants associated with the Sodus Central School District, alleging that their clients suffered repeated abuses at the hands of an older classmate on the school bus. Defendants sought summary judgment, claiming they had no notice of the abuser’s prior propensities, and the trial court granted the motion dismissing the case. Belluck & Fox, led by appellate attorney Michael Macrides, appealed the decision.
In reversing the dismissal and reinstating the complaint, the Appellate Division concluded that the Sodus Central School District Defendants failed to establish, as was their initial burden on the summary judgment motion, that they had no prior notice of the abuser’s propensities to commit all of the types of sexual misconduct alleged in the complaint.
Belluck & Fox, who vigorously litigates sexual assault cases on behalf of victims, will continue to pursue justice for their clients in this case.
Attorneys at Belluck & Fox are admitted to practice in New York, New Jersey, Pennsylvania, California, Colorado, Florida, Maine, Massachusetts, Vermont, Washington, the District of Columbia, and several federal jurisdictions, including the United States Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts, Atlantic City, New Jersey, and Portland, Maine.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Maine, Massachusetts, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
###
Belluck & Fox Attorneys Recognized by Super Lawyers® for 15th Consecutive Year
The lawyer-rating service, Super Lawyers ®, recognized Belluck & Fox attorneys for attaining a high-degree of peer recognition and professional achievement.
Joe Belluck and Jordan Fox, founding partners of Belluck & Fox, LLP, obtained this recognition for the 15th consecutive year. Also recognized this year were Seth Dymond (4th consecutive recognition), who is a partner at Belluck & Fox, and Michael Macrides, an associate attorney at the firm.
Belluck & Fox is a nationally-recognized, award-winning law firm that represents mesothelioma and lung cancer clients, and personal injury clients. Since the firm’s founding, its attorneys have secured over $1 billion in mesothelioma settlements on behalf of their clients.
Belluck & Fox Mesothelioma Expertise
Mesothelioma is a cancer caused by exposure to asbestos that is very difficult to diagnose and treat. With a median survival of 12 months after diagnosis and a 10% five-year survival rate, mesothelioma is extremely aggressive. In light of this, Belluck & Fox is not only a formidable legal advocate for its clients – the firm has also been a major supporter of research into mesothelioma treatments and diagnostics. In addition, Mr. Belluck is a co-author of the book 100 Questions & Answers About Mesothelioma, a preeminent source of information for those affected by mesothelioma.
Despite research efforts to develop better treatments, current options provide only limited effectiveness. However, with expert care, patients can and do live longer and better lives. Unfortunately, mesothelioma specialists are only available at few centers across the United States, which means that travel for treatment is generally necessary. Coupled with the inability for the patient to continue working, a mesothelioma diagnosis is extremely expensive. Obtaining compensation can help alleviate the financial burden on mesothelioma patients and their families and allow them to pursue the best medical care for them.
About Belluck & Fox Attorneys
Joe Belluck has a national reputation for excellence in mesothelioma, truck accidents and other serious injury litigation. Prior to founding Belluck & Fox, he represented the State of New York in its tobacco litigation and was responsible for forcing the tobacco industry to stop sponsoring fake scientific research and to take down their tobacco billboards in New York State.
Jordan Fox has tried well over 100 cases on behalf of victims of asbestos. His verdicts have been recognized by the New York Law Journal, and one of his verdicts for $52 million was affirmed by the New York Court of Appeals in a landmark ruling.
Seth Dymond is the head of the firm’s appellate and motion department and has never had a liability verdict overturned at the appellate level. He the landmark products liability decision in New York City Asbestos Litigation [Dummitt], 27 N.Y.3d 765 (2016), decided by New York’s highest court. The influence of the Dummitt was relied upon and adopted by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S. Ct. 986 (2019).
Michael Macrides is an associate attorney in the firm’s appellate practice. He has been previously recognized by Super Lawyers as “Rising Star” in 2018 for his successful efforts. Prior to joining Belluck & Fox, he served as a law clerk for a justice of the New York Supreme Court, Appellate Term.
Potential clients who have suffered an injustice by having been exposed to asbestos and developing mesothelioma, or who were injured due to negligence or maliciousness can contact Belluck & Fox for a free consultation.
About Belluck & Fox
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City, with additional offices around the state in Albany, Gloversville, Rochester, Woodstock, and Gloversville, as well as Boston, Maine, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
NEW RECALL: Dynacare Baby Powder
If you used Dynacare baby powder and have mesothelioma, contact the law firm of Belluck & Fox.The Dynarex Corporation has recalled 62 cases of its Dynacare Baby Powder due to concerns of an asbestos contamination.
Individuals who purchased Dynacare Baby Powder (item number 4875) marked with Batch Number B 051 with an expiration date of 2026/12/28, should immediately stop using it and return it for a full refund.
The product was sold online through Amazon and was distributed to the following states: Alabama, Arkansas, Colorado, Illinois, Kentucky, North Carolina, New Jersey, Pennsylvania, Tennessee, Florida, Washington, and Wisconsin.
Although the company claims that no illnesses or adverse events have been reported to date, it is important to note that asbestos-related disease, and in particular mesothelioma, do not develop for 20-50 years after exposure.
Asbestos is a dangerous carcinogen that can cause cancers like mesothelioma and lung cancer, as well as asbestosis.
How does asbestos end up in baby powder?
The baby powder product is manufactured from talc or talcum, which is mined as a rock and then crushed or ground into powder. Sometimes, the solid rock formations of the minerals that become talc are in areas that are rich with underground deposits of asbestos ore. Therefore, when those areas are mined, talc is easily contaminated by asbestos.
The contamination of Dynacare Baby Powder was discovered through a routine U.S. Food and Drug Administration’s (FDA) test.
What is mesothelioma?
Mesothelioma is a cancer of the lining of the lung, abdomen, heart, or testes. It affects the mesothelial lining of these organs, hence its name. Mesothelioma is a very aggressive cancer that requires immediate treatment by a specialized physician. Unfortunately, treatment options for mesothelioma are limited, and access to treatment for many patients requires extensive travel.
About Belluck & Fox
Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos-related cancers, personal injury, and other forms of injustice. The firm represents clients across the United States and is based out of New York City, with additional offices in Albany, Gloversville, Rochester, Woodstock, Gloversville, Boston, Maine, and New Jersey. The firm has secured over $1 billion in verdicts for its clients. For more information, visit www.belluckfox.com.
Belluck & Fox Sponsors Mesothelioma Patient Conference in October
The law firm of Belluck & Fox is a top sponsor of the Mesothelioma Applied Research Foundation’s annual conference which will take place on October 17-18, 2024, in Chicago. The firm’s partner, Joe Belluck, Esq., will be a speaker on the Legal Panel on Friday, October 18.
The conference, which is also known as the International Symposium on Malignant Mesothelioma, is geared specifically to mesothelioma patients and their families. Unlike other medical and scientific conferences, the symposium provides families impacted by mesothelioma the opportunity to learn about mesothelioma treatment options in an accessible way directly from medical specialists who treat mesothelioma. Also, being in the same room with world’s specialists, allows patients and their families the ability to ask questions and get answers without having to travel across the country to meet with each individually.
“We are committed to mesothelioma patients and their families,” said Mr. Belluck.
“Through this sponsorship we want to recognize the Meso Foundation’s great work in supporting the mesothelioma community through diagnosis and treatment and we want to make sure they can continue to do so,” he added.
Belluck & Fox is a premier law firm for asbestos-related illnesses like mesothelioma. With more than $1 billion secured for its mesothelioma clients and their families, it is a go-to law firm for mesothelioma, lung cancer, and asbestosis cases.
“What sets us apart is our legal expertise to take on and win against the largest corporations while doing so quickly and compassionately,” explained Mr. Belluck.
“We know that mesothelioma patients need compensation as soon as possible so they can pay for treatment costs and travel to see specialists or enroll in clinical trials. We don’t waste any time in providing the highest quality representation.”
Mr. Belluck has over 25 years of experience representing mesothelioma patients. He is also an author and has co-written the book “100 Questions & Answers about Mesothelioma” with Harvey Pass, MD and Mary Hesdorffer, APRN. He has also written and published the book “A Patient’s Guide to Mesothelioma,” which he offers free of charge as a resource to patients and their families.
“For 25 years, the Belluck & Fox firm has supported mesothelioma research and is proud to continue to help fund research into new diagnostic tests and treatments for our mesothelioma clients,” Mr. Belluck concluded.
Prior to funding Belluck & Fox, Mr. Belluck represented the State of New York in its tobacco litigation. Through his work, he forced the tobacco industry to stop sponsoring fake scientific research and take down advertising billboards in the state of New York.
First ever FDA-approval of immunotherapy plus chemotherapy combination for advanced mesothelioma
Today, the U.S. Food and Drug Administration (FDA) approved the third ever treatment for mesothelioma. As of today, in addition to the standard chemotherapy regimen and the immunotherapy regimen, the combination of immunotherapy plus standard chemotherapy is available to clinicians for the treatment of patients with advanced or metastatic mesothelioma in a first line setting.
Keytruda, which is the industry name for Merck’s pembrolizumab agent was approved after a positive 2023 Italian/Canadian collaborative study demonstrating a survival improvement for their immuno-chemotherapy combination.
About the clinical trial
The IND.227 clinical trial had enrolled 440 treatment-naive patients randomizing them into two groups, one of which was experimental. The first group received only standard chemotherapy, while the second group received chemotherapy plus Keytruda (pembrolizumab). The experimental arm saw a one month survival improvement (17.3 months’ survival as opposed to 16.1 months for the chemotherapy alone arm). However, as is the case with other immunotherapy data in mesothelioma, patients with the more aggressive types of mesothelioma (biphasic and sarcomatoid) gained the most from the immunotherapy addition. For this group, the survival benefit exceeded 4 months over the survival of their peers in the non-experimental treatment arm, an improvement which ultimately also led to this approval.
About pembrolizumab (Keytruda)
Pembrolizumab is an immunotherapy agent known as a checkpoint inhibitor. Checkpoints are proteins located on t-cells that, when bound together with partner proteins on the tumor cell, disable the immune response of the t-cell against the tumor cell. It functions sort of like a handshake. Disrupting this process, or inhibiting this connection, allows the t-cells to recognize the tumor as a foreign entity and kill it. The class of drugs called checkpoint inhibitors bind to these checkpoint proteins (known as PD-1 and PDL-1, depending on their location) so that no handshake can occur, thus effectively taking the breaks off the immune system.
About mesothelioma treatment
Mesothelioma treatment has lagged behind other cancers. Its first FDA-approval came in 2004 when Alimta plus cisplatin chemotherapy extended median survival by 3 months (from 9 months to 12 months). For over 16 years, mesothelioma didn’t see any new treatments added to its line-up until 2020 when a landmark study of two immunotherapy agents, nivolumab and ipilimumab (Opdivo/Yervoy) by Bristol Myers Squibb, demonstrated a significant improvement in overall survival of over 4 months (from 14.1 months to 18.1 months), leading to its approval shortly thereafter. This third approval is a therefore a welcome addition to the treatment arsenal for mesothelioma.
Joe Belluck, Jordan Fox, Seth Dymond, and Bryan Belasky Named Best Lawyers in America
For Immediate Release: August 17, 2024
Contact: David Belsky; [email protected]
New York, NY – Belluck & Fox LLP is proud to announce that all four partners of the New York-based law firm have been recognized amongst the nation’s top attorneys, as ranked by their legal peers in the 2025 edition of Best Lawyers in America.
Partners Joseph Belluck, Jordan Fox, Seth Dymond, and Bryan Belasky have been recognized as Best Lawyers in America for 2025 in the category of Mass Tort Litigation/Class Actions – Plaintiffs.
“When we founded Belluck & Fox, our goal was to create a unique law firm. I’m proud that we’ve become a formidable presence because of our deep commitment to justice,” said Belluck. “Being first recognized by Best Lawyers in 2006, we are honored to be acknowledged year after year for our dedicated work on behalf of our clients and their families.”
Belluck & Fox is renowned for their passionate advocacy for clients. The firm has secured over a billion dollars in asbestos and personal injury settlements. Their successes have been consistently recognized by U.S. News, Best Lawyers, SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and numerous other publications and organizations.
Joe Belluck is co-author of 100 Questions & Answers About Mesothelioma and a founding partner of Belluck & Fox, LLP. Joe brings over 25 years of experience in mesothelioma, truck accidents, and serious injury litigation. He has secured over $1 billion in asbestos and personal injury settlements. Belluck frequently speaks at national conferences, chairs the New York State Commission on Judicial Conduct and the New York State Cannabis Advisory Board, and is a trustee of The State University of New York. He also serves as chair of the boards for Precious Dreams and CMind, organizations dedicated to supporting foster and homeless youth and promoting meditation on college campuses, respectively.
Jordan Fox, a founding partner at Belluck & Fox, has over 30 years of experience in mesothelioma, product injury, environmental injury, and lead paint injury litigation. He has recovered tens of millions of dollars for his clients, with his cases twice being named “verdicts of the year” by the National Law Journal. Fox is recognized nationally as a pioneer in the legal field, having won the first major asbestos case against a major retail company, Sears Roebuck, for selling products that caused mesothelioma.
Seth Dymond, a partner at Belluck & Fox, has a strong record of victories in appellate courts, with no liability verdicts overturned to date. He has briefed and argued numerous significant legal issues in asbestos litigation across New York State, including landmark product liability decisions upheld by New York’s highest court and adopted by the U.S. Supreme Court. Dymond successfully co-represented the entire asbestos Plaintiffs’ bar in appeals supporting the New York City Asbestos Litigation Case Management Order.
Bryan Belasky, a partner at Belluck & Fox, was honored posthumously, having fought for mesothelioma victims and victims of other asbestos-related diseases for over 25 years. He has represented hundreds of families throughout the entire country, obtaining hundreds of millions of dollars in compensation for those injured by asbestos exposure. Bryan was a caring and gifted attorney, known for his compassion for his clients and aggressive pursuit of justice against the companies responsible for their conditions. Bryan’s practice also included all types of product liability and personal injury cases. The firm commemorates Bryan’s recognition as a Best Lawyer, honoring his memory and the profound impact he had on his colleagues and clients.
“Bryan was not just a partner but a dear friend and an exceptional attorney. His dedication to our clients and his relentless pursuit of justice will always be remembered and honored,” said Belluck.
Recognition by Best Lawyers is based entirely on peer review, capturing the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice areas. Best Lawyers employs a survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.
Potential clients seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out today for a free consultation.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City, with additional offices around the state in Albany, Gloversville, Rochester, Woodstock, and Gloversville, as well as Boston, Maine, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
Joseph W. Belluck Reappointed Chair of New York State Commission on Judicial Conduct
Belluck & Fox Managing Partner Joseph Belluck has been reappointed as chair of the New York State Commission on Judicial Conduct by Governor Kathy Hochul. The appointment of Belluck marks the start of a new four-year term, beginning on April 1, 2024. He has served on the commission since 2008 and assumed the chairmanship in 2016.
The Commission on Judicial Conduct plays a crucial role as an independent agency responsible for reviewing misconduct complaints against judges and justices within the state’s unified court system. Composed of 11 non-paid members, Belluck is one of four individuals appointed by the Governor.
“I am grateful to Governor Hochul for her confidence in reappointing me to lead the Commission on Judicial Conduct,” said Belluck. “I am honored to continue its important work and constitutional mission: to oversee judicial ethics enforcement professionally and fairly throughout New York State. As a lawyer who helps people and their families find justice through the courts, I understand how critically important it is to maintain trust and ethics across the judiciary. We will strive to ensure that every citizen receives the fair and due process they are entitled to as Americans.”
The significance of the commission’s work was highlighted in its recently published annual report, revealing a record-breaking number of complaints totaling 2,982. Among these complaints, 778 preliminary inquiries or full-scale investigations were authorized, leading to seven public dispositions, including removals from office, resignation stipulations, censures, and admonitions.
Beyond his role in the Commission on Judicial Conduct, Belluck is renowned for his legal expertise, particularly in representing injured consumers and workers in asbestos and serious injury litigation. Throughout his career, he has secured settlements exceeding $1 billion. Notably, he previously represented the State of New York in its landmark $25 billion lawsuit against the tobacco industry, resulting in a significant settlement.
As Belluck embarks on another term leading the Commission on Judicial Conduct, his dedication to upholding judicial ethics and ensuring fairness within the New York State court system remains steadfast. With a wealth of experience and a track record of integrity, his continued stewardship promises to uphold the highest standards of judicial conduct across the state.
News Release: Belluck & Fox Secures a Major Win for Survivors of the Buffalo Mass Shooting in a Lawsuit Against Social Media Companies
[NEW YORK, NY, March 18, 2024] – Belluck & Fox LLP, part of the legal team representing the victims of the Buffalo mass shooting in 2022, has successfully opposed the motions to dismiss filed by social media defendants. Seth Dymond of Belluck & Fox and the legal team successfully argued that social media platforms can constitute products as defined by New York law and under the particular circumstances of this case, meaning the defendants may be subject to product liability.On May 14, 2022, a racially motivated massacre occurred at the Tops Friendly Markets supermarket on the East Side of Buffalo, NY. The shooter, Payton Gendron, held white supremacist beliefs and was driven by white replacement ideology. To carry out this heinous attack, he intentionally targeted a historically black neighborhood and traveled a considerable distance from his home. The criminal attorney for Gendron conceded that the crime was fueled by racist hate disseminated through online platforms.
Plaintiffs, which include family members of the victims and survivors of the May 14th massacre, filed their lawsuits against social media companies and others. The plaintiffs allege that these defendants had a significant role in promoting and disseminating racist ideologies, resulting in the racially motivated massacre at Tops. They allege that the defendants’ platforms are not merely message boards with user-generated content but are highly advanced products intentionally designed to captivate and addict young users, and to feed them information, even when unsolicited. The plaintiffs allege that the defendants’ products indoctrinated assailant Gendron and then steered him towards other posts that promoted the “white replacement theory.” Gendron pleaded guilty to charges including murder and terrorism motivated by hate and was sentenced in February 2023 to life in prison without parole. He also faces federal hate crime charges in which the government has indicated it intends to seek the death penalty.
The defendants, including META Platforms, Snap, Inc., Alphabet, Inc., Google, LLC, YouTube, LLC, Discord, Inc., Reddit, Inc., Amazon.com, Inc., and 4Chan Community Support, LLC, filed motions to dismiss. They claimed their platforms only act as hosts of third-party content and that they are immune from liability under the Communications Decency Act (CDA) and the First Amendment.
The decision denying the motions to dismiss is the first in the nation to give victims the ability to seek justice based on the nature of the products manufactured and marketed by social media companies.
Belluck & Fox will continue to advocate on behalf of plaintiffs to ensure social media platforms are held liable for any potential harm and associated dangers. The platforms should be suitably designed to prevent danger to users and others, and social media companies should be responsible for warning users of the potential risks of content and for implementing the necessary measures to ensure that all users have access to a safe and inclusive online environment.
For a free consultation with one of our experienced attorneys, contact Belluck & Fox today if you or a loved one have suffered serious harm due to social media usage.
About Belluck & Fox LLP
Belluck & Fox, founded on the philosophy of pursuing justice, one family at a time, has been dedicated to fighting for justice and securing compensation for its clients. Belluck & Fox law firm specializes in wrongful death lawsuits involving a variety of circumstances including nursing home abuse or neglect, workplace accidents, public transportation disasters, motor vehicle accidents, and defective products. While no amount of financial compensation can replace the loss of a loved one, victims’ families should be compensated fairly for the wrongful death, providing them with a degree of financial comfort and justice for those left behind.