Kazan Law Firm News
A Soldier's Story on the Hazards of Asbestos-Containing Brakes and Clutches
"I will live till I die and then I will be dead for a hell of a long time."
Retired U.S. Army soldier Haskell "Bud" Stillman in his memoirs, He Bleeds Olive Drab.
Bud Stillman, 82, spent 20 years as a decorated soldier. During his first tour of duty in the U.S. Army, he served in Japan where he met his future wife, Kay. In order to return to Japan to find her, he re-enlisted to serve in Korea during the Korean War. He went on to marry Kay and continue his service to our country. He later served in the Vietnam War and was awarded the Bronze Star.
Veteran Attorney Steve Kazan Talks About a 'Stranger' Asbestos Litigation
By Tom Hagy
Meet Quebec's 'Mr. Asbestos'
Bernard Coulombe has big plans for a mineral shunned here but valued in the developing world
By Jennifer Wells, Toronto Star
USAction Honors KazanLaw
USAction is a very effective national political organization devoted to organizing workers and voters around issues of economic justice and health care for all. We have had the opportunity to work closely with them for the last ten years on issues affecting the rights of asbestos victims and were particularly delighted to be honored by USAction on June 18, 2009 at a lovely reception in San Francisco. On behalf of the firm, I was the recipient of the Progressive Leadership Award at USAction's 10th Anniversary Western Regional Celebration.
At the event, the award was presented by Jeff Blum, Executive Director of USAction. You can watch a film clip of his presentation and my remarks here. View award.
Steven Kazan speaks about the Asian Asbestos Conference
We are proud to be a Silver Sponsor of the International Mesothelioma Interest Group Congress 2008.
"Kazan vs. Jubelirer: Settling Their Differences"
California Lawyer October 2008
"Corporate Wolves In Victim's Clothing"
By Justinian Lane
"Optimism About A Federal Solution To Asbestos Litigation Fades"
By Marcia Coyle
"A Court Battle Over Silicosis Shines A Harsh Light On Mass Medical Screeners—The Same People Whose Diagnoses Have Cost Asbestos Defendents Billions"
By Roger Parloff
"Legislative Attempts to Address Asbestos Litigation,"
by Steven Kazan in Pepperdine Law Review, 2004; 31(1):227-232.
"A House Divided: Plaintiffs' lawyers clash over threshold for filing asbestos claims,"
The Recorder, March 11, 2003
The battle over asbestos litigation rights vs. limitations has intensified. The focus of the most recent development is pending federal legislation in the form of Senate Bill 413. This bill's intent is to limit eligibility to file suit over asbestos exposure only to plaintiffs who meet certain medical criteria. Strong opposition to the bill comes from the Association of Trial Lawyers of America, which maintains that passage of SB 413 would set pre-filing criteria, essentially inhibiting access to the right to trial by jury.
Steven Kazan has emerged as a pivotal figure on the other side of this national political debate, testifying before the Senate Judiciary Committee twice in the past 6 months (see links below). Kazan supports the bill's basic aim, which is to preserve the financial ability of defendant companies to pay the claims of asbestos victims with the most serious illness by limiting the ability to file claims on behalf of those not suffering real illness. This legislation essentially separates malignant claimants from non-malignant ones. Kazan has some powerful allies in the American Bar Association, which also supports the bill's basic concept. ABA President Dennis Archer testified recently before the Senate Judiciary Committee, citing the primary reason for the bill: "Asbestos litigation is spiraling out of control. Many seriously ill people are dying before they get their day in court while others are denied compensation as dozens of corporations go bankrupt."
Senate Testimony by Steven Kazan. Before the Committee on the Judiciary, U.S. Senate,
March 5, 2003
Senate Testimony by Steven Kazan.
Before the Committee on the Judiciary, U.S. Senate, September 25, 2002 (see also: Senate Judiciary Committee)
"Economic Cancer,"
Lawyer News, September 23, 2002
UK-publication examines the asbestos litigation situation in the U.S. Article references some old and new facts concerning the volume and cost of asbestos litigation in the U.S. First, article cites the 2001 actuarial study that estimates the cost of asbestos litigation in the United States eventually reaching $200 billion, a legal liability situation that has already bankrupted nine defendants in the past year. It goes on to analyze a new report by the Rand Institute for Civil Justice that claims the asbestos litigation has spread to touch 85% of corporate America. Steven Kazan is mentioned for his vocal position on behalf of the seriously sick and dying victims of asbestos exposure and for his equally vocal criticism of the system that allows for the diversion of money to "people who have nothing wrong with them and lawyers who are already rich." Both the Rand study and the actuarial study support the Kazan argument that the litigation explosion is the result of lawyer-driven filing of non-malignant disease claims, more commonly known as "unimpaired claims".
"As Asbestos Mess Spreads, Sickest See Payouts Shrink," by Susan Warren.
The Wall Street Journal, April 25, 2002
This article examines the mounting concern that "desperately ill plaintiffs have been eclipsed by a huge and growing number of relatively healthy people seeking awards for possible future illnesses. Since January 2000, the wave of less-severe claims has pushed at least 20 companies that sold or used asbestos products into bankruptcy protection." Many people do not understand the legal issues underlying the asbestos litigation controversy, says Deborah Hensler, a Stanford Law School professor who has studied asbestos litigation for the Rand Corporation, "But in fact, we have a legal systems that says these people have claims." The only known cause of mesothelioma cancer is asbestos, and it inflicts an enormous physical, emotional and financial toll on its victims: yearly medical costs can exceed $200,000 and life expectancy is generally not more than 1-2 years. There is an growing concern to find a legislative remedy that will allow the cancer victims to obtain some compensation. As it is now, the non-cancer cases are inundating the courts, "imperiling the availability of compensation to those who have been seriously injured by asbestos exposure," argues attorney Steven Kazan, who represents only cancer victims.
"Asbestos: The New Wave," a two-part story by Tyler Cunningham.
San Francisco Daily Journal, April 23-24, 2002
"A Fissure in Asbestos Torts" April 24, 2002 (Part II) Asbestos litigation has variously been labeled as a "job-eating blob" (the Wall Street Journal) or an "elephantine mass" (Chief Justice of U.S. Supreme Court). Over the years, many people have been critical of the mounting lawsuits; now, even some plaintiff attorneys are joining those critics in an effort to push for a legislative reform. These plaintiffs lawyers have shifted their allegiance and allied themselves with defense firms, corporate defendants and insurance companies. This shift is prompted by the recent jump in the number of asbestos claims being filed: attorneys representing serious cancer victims fear that the finite pool of money may be drained by massive numbers of claims filed by those with non-life-threatening forms of asbestos disease. The article states that, "Among the most vocal of these attorneys is Oakland's Steven Kazan. He's leading other plaintiffs lawyers who hope to develop a triage systems that would process claims from the sickest victims first and delay others. 'There is no limit on these [unimpaired] asbestos cases, short of some percentage of the U.S. population...The dollars available don't change, so as you file more unimpaired cases, you're taking dollars away from cancer victims.' "
"Lungs Worth Billion$" April 23, 2002 (Part I) Asbestos litigation is described as the longest-running mass tort in U.S. history. The run-up of asbestos claims is largely attributed to opportunistic asbestos law firms entering the fray, and the use of mass chest X-ray screenings. These developments have resulted, by one estimate, in as many as 50,000 new claims being filed each year. One actuarial firm projects that asbestos litigation may extend to the year 2040, with roughly one million claims being filed and costing businesses up to $200 billion. For litigation purposes, the magic phrase used by a consulting doctor is to state that the chest X-ray shows "marks consistent" with an asbestos-related disease - and the lawsuit proceeds. Steven Kazan, an Oakland, CA-based plaintiffs attorney who is critical of the mass-screening tactic counters that, "A lot of those X-rays are simply 'consistent with' life on this planet. Whether [the diagnosing doctors] are incompetent or dishonest is hard to say. But it's clear that if they don't find the required level of diagnosis, then they won't be invited to do more work."
"Dow Chemical Handling Asbestos Exposure For Now," by Michael C. Barr.
Dow Jones Newswires, April 11, 2002
The asbestos liability of chemical giant Dow Chemical Company is now attracting concern, but one analyst states that the company's asbestos exposure does not yet "pose a threat." Dow's asbestos liability is largely attributed to its recent acquisition of Union Carbide: Union Carbide was involved in both asbestos mining and the production of asbestos-containing products. The article indicates that Dow cannot ignore the situation: "Dow is treating its potential asbestos liability seriously, said Steven Kazan, a plaintiffs asbestos litigation partner at Kazan, Mcclain, Abrams, Fernandez, Lyons & Farrise, located in Oakland, CA. The company has hired some of the best lawyers to defend itself, he said. 'They see the writing on the wall.' "
"A Surge in Asbestos Suits, Many by Healthy Plaintiffs," by Alex Berenson.
New York Times April 10, 2002
Wall Street is reportedly nervous now that it is beginning to see normally profitable corporate giants vulnerable to asbestos-related disease claims. Such lawsuits are rising: more than 90,000 new claims were filed in 2001 which, at that rate, could account for 2.5 million asbestos-related lawsuits by the year 2030. Responding to what many are beginning to describe as a crisis (the National Association of Manufacturers cites asbestos litigation as a top priority, alongside such big issues as taxes, energy and trade), lawyers for the companies being sued, as well as some lawyers who represent only seriously ill patients, argue that most such suits are baseless and an abuse of the courts. While lawyers for unimpaired plaintiffs feel justified in making their claims, not all plaintiffs attorneys agree: "Steven Kazan, a lawyer who represents only plaintiffs with mesothelioma, a cancer caused by asbestos exposure, and lung cancer, dismissed the suits by healthy plaintiffs. 'The overwhelming majority of these cases,' Mr. Kazan said, 'are brought by people who have no impairment whatsoever.' "
"Asbestos Lawsuits"
NPR Weekend Edition March 16, 2002
"The Asbestos Pit," by Eric Roston.
Time March 11, 2002
This article portrays personal-injury lawyers as "taking advantage" of the asbestos litigation situation, but also states that "many of the lawsuits have been justified, aimed at redressing victims' unimaginable suffering." Steven Kazan is quoted given his involvement with asbestos victims' creditors committees dealing with the companies filing for bankruptcy due to asbestos product liabilities. The article states that the number of recent claimants who are actually ill is declining: " 'The bulk of these people have no impairment,' says Steven Kazan, a lawyer who represents only patients sick with asbestos-related diseases."
"Asbestos: The $200 Billion Miscarriage of Justice," by Roger Parloff.
Fortune March 4, 2002
Major article that examines the history of asbestos product liability lawsuits and how this litigation has ballooned to the point that corporate asbestos liability to U.S. plaintiffs is now expected to reach $200 billion. As declarations of bankruptcy have thinned the ranks of viable defendants, the second and third tier defendants have become targets of the lawsuits. The article quotes Steven Kazan on this aspect: "The concept is picking low-hanging fruit. In the early days of the litigation, you had Manville. Manville goes away. Next in line are the regional distributors. If they go away, next in line are the contractors who bought from them...They say, 'All of sudden, why me?' One answer is: 'Consider yourself lucky that we left you alone for 20 years.' We're now higher in the tree." As for the declining numbers of solvent asbestos defendants, Kazan says: "I happen to believe that the interests of the unimpaired clients in fact are better served by giving them nothing or very little now, but making sure that if they were to get sick later on there will be money for them."
"Haliburton Hunkers Down to Fend Off Asbestos Litigation," by Nelson Antosh.
Houston Chronicle February 24, 2002
According to this article, about 50 companies have opted for protection under bankruptcy laws - and 12 of those companies filed bankruptcy in the past year alone. The Rand Institute recently assessed the situation and states that "all of the major asbestos defendants of today are likely to be in bankruptcy within 24 months." The number of total claims is rising but many of those people are not really sick: "There is an inexhaustible supply of potential plaintiffs, if all it takes is some hint of exposure to asbestos," says Steven Kazan, an attorney in Oakland, Calif., who speaks for law firms that say there should be limits on who may collect. The article goes on to say that the massive number of claims is causing companies to go bankrupt that otherwise would not have filed. According to Kazan, "The result of this is that a lot of sick people are not getting taken care of."
"No End in Sight to Crucial Suits," by Todd Mason.
The Fort Worth Star-Telegram February 23, 2002
Another article on the mounting asbestos-related liabilities across corporate America. As the number of bankruptcies climbs, manufacturers are seeking a legislative remedy to the asbestos litigation crisis. Even plaintiff's attorneys are pressuring Congress to act. " 'It's my view that it [legislation] is the only answer,' said Steven Kazan, a lawyer in Oakland, Calif., who specializes in asbestos cases involving cancer. 'There's a flood of asbestos cases because the capitalist, free-market system works. There's a financial incentive for people to recruit plaintiffs.' "
"Unlikely Allies Agree that Asbestos Cases Must be Viewed Objectively, Asbestos Coalition Proposes Legislation," by Mark A. Hoffmann.
Business Insurance February 11, 2002
Summarizes the increasing pressure to get Congress to change the way that claims for asbestos-related illnesses are handled. One group, the Asbestos Alliance, is an unusual group in that it consists of insurers, employers, and members of the plaintiffs bar. Steven Kazan indicates that it is indeed ironic for an attorney who has represented asbestos victims for over 25 years to be aligned with the likes of the National Association of Manufacturers and the American Insurance Association. Kazan states that, "My basic position is that we find ourselves with a common interest. I have no vested interest in the survival of any of these companies. If there are companies that can't afford to meet their obligations to the people they've really hurt, they belong in bankruptcy and we go from there. On the other hand, there are a lot of companies that can meet these obligations, but cannot meet those obligations that the legal system can impose with respect to people who are not injured in any meaningful way."
"Firms Hit Hard as Asbestos Claims Rise; Recent Jury Awards Underscore Commercial Disaster's Continuing Toll," by Lisa Giron.
Los Angeles Times December 17, 2001
Article analyzes the financial shock being felt in corporate America as it witnesses the surge in asbestos-injury claims. According to this article, it was once believed that asbestos-related claims would peak at about 25 million exposures; using new parameters, that figure was revised sharply upward this year - to more than 100 million potential exposures. As claims for both cancer and nonmalignant exposures climbs, the article states, "An Oakland-based attorney who has represented asbestos victims for 27 years is leading a renegade faction of the plaintiffs bar that has joined with many of the corporations they sue in calling for limits on claims from people without serious illnesses. 'It's too far gone to do anything else,' Steven Kazan said."