Schedule Your Free Consultation

Appellate Decision a Win and Loss for Plaintiffs in IBM Plume Case

Following a split decision by a mid-level appeals court late last week, attorneys are expected to ask New York's highest court to hear arguments in the massive toxic tort lawsuit against IBM Corp.

In an 11-page order issued Thursday, the state Supreme Court Appellate Division partially overturned two of five orders Broome County Supreme Court Judge Ferris D. Lebous issued in November 2012.

Lebous' orders dealt with whether allegations of negligence, nuisance, trespass, medical monitoring damages and contamination from chemicals other than TCE (trichloroethylene) should be considered at the eventual trial.

Those orders were followed by appeals from both sides, leading to the mid-level court's decision Thursday to overturn two of the five: one in IBM's favor; and another in the favor of the plaintiffs.

The eventual trial is expected to be postponed by yet even more appeals.

Stephen Schwarz, a Rochester-based attorney representing plaintiffs in the case, said he plans to file legal paperwork within 30 days asking the state Court of Appeals --- New York's highest court --- to hear the case.

"I think that we were partially gratified by the results," he said of the appeals court's decision. "There are a few things that we think that the law should be clarified by the Court of Appeals, and I think that's what we'll make an attempt to do." 

Categories

Why Choose Our Firm?

  • Over 50 Years of Experience
  • 11 Attorneys Listed in Best Lawyers in America®
  • 3 Attorneys Are Part of the American College of Trial Lawyers
  • Focusing Solely on Personal Injury Cases
  • Compassionately Helping Injured Victims in Western NY Since 1968

An Experienced Team
You Can Trust

More Than A Case

Our Clients Are Our Priority
  • “Every person we encountered at Faraci Lange was supportive and worked diligently to settle our case with the very best results possible.”

    - Former Client
  • “I can’t thank them enough for their hard work and diligence in resolving my case favorably.”

    - Phil N.
  • “I would most definitely recommend this firm to anyone in need of a top personal injury lawyer.”

    - Michael M.
  • “A tragedy is difficult, but with such wonderful, caring people guiding us, the horrible time in our lives was made a little easier to deal with.”

    - Lisa P.
  • “They were never too busy to speak with me and address my issues.”

    - Ronald W.

Contact Us

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.