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Posts by: Steven Kazan

Kazan Law Honored by Alameda County Bar Association

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Kazan LawWe’re excited to announce that Kazan Law has been honored by our community of peers. Our asbestos law firm has received the Distinguished Service Award from the Alameda County Bar Association. We are the only law firm to receive this designation for this year’s awards.

Why Kazan Law Supports the Alameda County Bar Association

As members of the legal community, we often must ask ourselves what kind of justice system do we believe in? Do we believe in a system only available to a select few, i.e. the wealthy and powerful? Or do we believe in and strive to support a system of justice that protects all community members equally? At Kazan Law where we advocate for the rights of people exposed to asbestos through the negligence of often big and powerful interests, we have dedicated ourselves to ensuring that our legal system protects all community members equally.

For over 40 years, Kazan Law has been winning precedent-setting cases and achieving financial justice for our clients. We set a high standard of excellence for ourselves and work hard on behalf of our clients to achieve it.

The mission statement of the Alameda County Bar Association says, “Our mission is to promote excellence in the legal profession and to facilitate equal access to justice.” This aligns perfectly with our own goals at Kazan Law which we put into practice every single day.

How the Alameda County Bar Association Helps the Community

At Kazan Law, we strongly believe that all lawyers should support their local bar association. Bar associations provide vital legal services free or at low-cost within their communities and work to improve administration of justice. A bar association also gives attorneys an ongoing forum for addressing issues of concern to our profession as it continues to evolve.

Kazan Law’s offices always have been located in Oakland, California which is in Alameda County. The Alameda County Bar Association is the leading legal organization in this area that:

  • Seeks to provide legal help to all people living in Alameda County who otherwise could not afford it.
  • Coordinates services of volunteer attorneys to provide pro bono legal assistance to Alameda County’s low-income population.
  • Promotes excellence in the legal profession and facilitates equal access to justice.

The Alameda County Bar Association pairs low-income clients with qualified pro bono attorneys to handle cases. Its programs also include monthly clinics in the areas of family law, domestic violence, bankruptcy, guardianship, immigration, and landlord-tenant disputes.

The Alameda County Bar Association also provides training, mentoring and malpractice insurance for volunteer attorneys including retirees, paralegals, and recent law school graduates thus enriching the local legal profession.

For all these reasons and more, we are proud that all of the mesothelioma attorneys at Kazan Law are members of the Alameda County Bar Association.

Other Distinguished Service Award Recipients

As the law firm selected to be this year’s Distinguished Service Award Recipient from the Alameda County Bar Association, we are pleased to be among excellent company.

The complete list of the Distinguished Service Award for 2016 is:

  • Judge: Hon. Kimberly Colwell, Superior Court of California, County of Alameda Lawyer
  • Lawyer: Jamie Rudman, Sanchez & Amador, LLP
  • New Lawyer: Vincent Tong, Tong Law Law Firm
  • Law Firm: Kazan, McClain, Satterley & Greenwood Community Organization
  • Community Organization: Eviction Defense Center

California Supreme Court Justice Ming Chin, who is also the former Alameda County Bar Association Board president, is the featured speaker at the awards presentation on January 16, 2016.

At Kazan Law, we win cases for our clients, most of whom are mesothelioma patients and their families. We also support mesothelioma medical research, asbestos regulations and workers rights. In addition we provide philanthropic and professional pro bono support to those who need it. We do all of these because they are important. We do not do them to win awards. However, we are grateful for this recognition from the Alameda County Bar Association and offer our sincere thanks for the honor.

 

 

 

 

 

Mesothelioma Law Firm Kazan Law M&A Award Winner

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mesothelioma law firmKazan Law is deeply proud and honored to have won the Corporate America M&A Award for best California mesothelioma law firm of 2015. The M&A award, “Best for Asbestos Litigation,” reflects more than four decades of tremendous work which includes a series of historic and financial settlements won from negligent companies who wittingly exposed innocent people to fatal poisoning through asbestos exposure.

Mesothelioma Law Firm Award– Voted By Peers We are delighted and also grateful to our clients and colleagues for voting us in to the category of best mesothelioma law firm. For us, one of the most meaningful aspects of being selected for the M&A awards is that it is strictly a peer-based list, and winners are chosen based purely on merit. This is not a selection you can buy your way into.

The M&A Awards

In the words of Corporate America: “The M&A Awards identify and commemorate the tireless efforts and stunning achievements of those firms excelling in their industry and outperforming their competitors. These prestigious awards celebrate management brilliance and business acumen across America. Corporate America selects their winning luminaries through a rigorous judging process, during which we leave no stone unturned to ensure that all winners are chosen purely on merit. Winners of these awards are considered among the real leading lights in their industry.”

About Corporate America Publication

Corporate America is a publication designed to inform, entertain, influence, and shape conversations across the nation through high quality editorial, in-depth research and an experienced and dedicated network of advisors. Both their website and magazine provide readers with authoritative news and real-time analyses of major trends and topics influencing today’s corporate landscape.

Mesothelioma Law Firm: Kazan Law

Since 1974, Kazan Law has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma. Our principals are pioneers in asbestos litigation and have earned a reputation as the most experienced mesothelioma lawyers in California. Our deep foothold in, and understanding of, asbestos bankruptcy reorganizations and asbestos bankruptcy funds is unparalleled.

Winning the M&A award for best mesothelioma law firm in California marks a banner year for Kazan Law that included a number of awards, including the Northern California Super Lawyers 2015, and numerous multi-million dollar wins for the pain and suffering of victims and families with asbestos-related illnesses. To our esteemed colleagues and clients, you have our humble gratitude.

 

 

 

 

 

 

Flavored E-Cigarettes: The New Big Lie?

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flavored e-cigarettesE-cigarettes, electronic devices that deliver nicotine by vaporizing a liquid rather than burning dried tobacco, are being sold to the American public as a safer alternative to cigarette smoking. Given the tobacco industry’s decades long track record of lying to the world about the dangers of smoking, it’s natural to be skeptical about the rosy health claims of electronic cigarettes. Now, a new study has shown that flavored e-cigarettes (also known as e-cigs) contain chemicals that may cause a severe and irreversible lung disease.

For decades, tobacco companies paid scientists to sow doubt about the growing body of evidence linking cigarette smoking with lung cancer, a fact that is now undisputed. As these deceptions have come to light, acceptance of cigarette smoking in the US has declined. In 1965, 42% of US adults were smokers. In 2015, the Centers for Disease Control (CDC) reported that number had gone down to 15%.

As cigarette smoking has become less socially acceptable, with states instituting bans on smoking in most public spaces, offices and restaurants, e-cigarette use has been on the rise. Young people have the highest rate of “vaping” (vaping is the term for e-cig use, since users inhale vapor, not smoke). Just over 5% of those in the 18 to 24 year category vape regularly. The industry has promoted vaping among young people, producing flavored e-cigarettes blatantly aimed at a youth market. One leading brand features flavors that include Cherry Crush, Peach Schnapps, and Vivid Vanilla.

That flavoring puts more than sweetness into the vapor. It adds toxic chemicals into the mix as well.

Butter Flavoring and Popcorn Lung

In 2000, the National Institute for Occupational Safety and Health (NIOSH) was called in to investigate an outbreak of obliterative bronchiolitis among people who had worked at a plant that manufactured microwave popcorn. The disease is caused by scarring or swelling of the bronchial tubes in the lungs. The symptoms of this disease are similar to asthma or chronic bronchitis, so it can be difficult to diagnose. It is uncommon and incurable. Because the sufferers had all worked at a popcorn plant, the disease became known as “popcorn lung.”

Studies determined that popcorn lung was caused by the butter-flavored topping. Chemicals used in the flavoring became airborne during the manufacturing process. One chemical in particular, diacetyl, is suspected of being responsible for this disease.

Flavored E-Cigarettes Put Workers and Vapers in Danger

Diacetyl is a common ingredient in a number of other artificial flavorings, including fruit flavors. A new study looked for diacetyl, as well as two other chemicals that may be implicated in obliterative bronchiolitis, in flavored e-cigarettes. The study tested 51 types of e-cigs. Researchers detected diacetyl in more than 75% of the flavors and at least one of the three chemicals in over 90% of the samples tested.

Workers, who are exposed to constant large doses of these chemicals, may have the highest risk of developing debilitating lung disease after prolonged exposure. However, vapers may also be susceptible, as they inhale these toxics along with their Cherry Crush or Vivid Vanilla. Because flavored e-cigarettes are widely used among young people whose lungs may still be developing, the effects could be even more severe.

Focusing on Lung Disease for Over 40 Years

Kazan Law is no stranger to dealing with big corporations that put workers and consumers at risk. We have been at the forefront of asbestos litigation since the first plaintiffs filed lawsuits in the early 1970s. We continue to hold corporations accountable every day, for mesothelioma and lung cancer caused by exposure to toxic asbestos fibers.

Our practice is about more than winning settlements and verdicts for our clients, though that is an important part of what we do. It is also about holding corporations accountable for their negligent actions. It’s about standing up to big businesses that put profits ahead of the health of their workers and customers and the general public.

Manufacturers who used asbestos knew about its potentially fatal health effects for decades but continued to expose unsuspecting workers to this toxic mineral without proper – or any – protective gear. Even when the information about the health risks of asbestos became public, government was slow to step in and regulate. The widespread and negligent use of asbestos only stopped after the weight of lawsuits became too heavy for corporations to bear.

The toxic effects of diacetyl and other flavoring chemicals are not unknown. E-cigarette manufacturers add these chemicals to their products in search of an easy profit, disregarding the risk to human health. The FDA currently has no authority to regulate e-cigarettes, the way it does tobacco, so flavored e-cigarettes are not subject to any government oversight. While the FDA pursues a legal process to obtain regulatory authority over e-cigarettes, some states and cities have passed their own rules limiting the use of these nicotine-delivery devices.

Flavored e-cigarettes have only been on the market for a few years. Lung disease can take time to develop. Symptoms may be latent for years until they become too severe to ignore. At Kazan Law, we think public health matters. We think there’s no time to lose.

Sometimes, lawyers can do what governments and business cannot or will not do – protect the health of citizens and workers. Kazan Law is proud to be a part of this movement. If you are an e-cigarette smoker and are experiencing severe lung issues, talk to your doctor at once. If you are told your problems seem related to diacetyl, we’d like to hear from you.

Mesothelioma Verdict Withstands Second Appeal

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A mesothelioma verdict was recently upheld by the California Court of Appeal, First District (Hellam v. Crane Co. (2015) 239 Cal.App.4th 851).  Our team from Kazan Law successfully defeated a second attempt by Crane Co. to use James Hellam’s mesothelioma settlements to reduce the economic-damages award it must pay.  Mr. Hellam died from mesothelioma he developed from exposure to asbestos in Crane Co.’s products while working at his grandfather’s boiler service when he was a teenager.

Threat to How Mesothelioma Settlements Are Used to Reduce Economic Damages Defeated

In its second thwarted attempt to reduce the Hellam family’s economic-damages award, Crane Co. tried to get the courts to reconfigure the entire way mesothelioma settlement amounts are applied to reduce economic damages in wrongful death and personal injury cases.

In its decision to deny that request, the court characterized Crane Co.’s proposed change to the method of using mesothelioma settlements to calculate the setoff for economic damages as being “completely at odds” with California law.  If it had been successful, the change Crane Co. sought could have significantly reduced, if not completely erased, the jury’s award of $937,882.56 in economic damages to Mr. Hellam.

Hellam affirms California’s long-standing method for allocating pre-verdict mesothelioma settlement proceeds to determine the defendant’s setoff for economic damages.  I see this case as a great example that demonstrates how our current judicial system works.

This decision has a broader impact to plaintiffs, especially those involved in multi-defendant tort actions.  It preserves public policies that are strongly reflected in the law, including encouraging mesothelioma settlements and maximizing the injured plaintiff’s recovery from the at-fault parties.

Kazan Law partners Dianna Lyons and Frank Fernandez, both now retired, tried and won the mesothelioma case against Crane Co.  Kazan Law of counsel Ted Pelletier and associate Ian Rivamonte successfully handled the appeal.

Economic Damages Part of Mesothelioma Verdict Upheld

Crane Co. attempted with this second appeal to increase the amount of a mesothelioma settlement credit the company was entitled to for economic damages. But the appellate court rejected this proposed change.

While Crane Co. tried to base this second appeal on how mesothelioma settlements should be used to reduce economic damages, its first appeal challenged the jury decision over its liability in the case. The appellate court held that evidence supported the finding that Crane’s gaskets and cement were defectively designed because they emitted and exposed Hellam to significant levels of toxic asbestos fibers during ordinary use.

This appellate decision made in April 2014 affirmed the trial court’s award of over $85,000 in litigation costs to Mr. Hellam and the following compensation for damages:

Economic damages = $937,882.56

Non-economic damages = $4,500,000.00

Total = $5,437,882.56

Mesothelioma Verdict Based on Teenage Asbestos Exposure

As a teenager, Mr. Hellam worked for his grandfather’s one man boiler service operation, over the course of five summers between 1962 and 1966.  Mr. Hellam’s grandfather purchased Cranite gaskets and a dry powdered cement product from Crane Co’s wholesale outlet in Salinas, California.  When Mr. Hellam mixed that powdered material with water to form a slurry in the process of refurbishing boilers, and cut sheet gasket material in the refurbishing process, he inadvertently inhaled asbestos dust.

Because the products carried no warnings, Mr. Hellam’s grandfather did not know to take precautions for himself and his grandson in handling the Crane Co. products or to choose a substitute product that did not contain asbestos. Mr. Hellam had no asbestos exposure during the rest of his career. He was a San Jose, California police officer for 13 years before becoming a motivational speaker for the next 31 years of his life.

A Hall of Fame softball player, Hellam had taken pride in coaching both of his sons in softball and had eagerly anticipated teaching his grandsons how to play. He also was looking forward to continuing his career in worldwide motivational speaking which allowed him to travel around the globe.

Then suddenly, his once rich and full life came to a halt.  Instead of doing the things he loved, he was forced to focus his dwindling energy on battling malignant mesothelioma – a battle he sadly lost.

Now with this second appeal upholding the full $5.4 million mesothelioma verdict we won for him, we hope Mr. Hellam’s family can find some peace and that this tragic case now can be closed.

 

Top 5 Questions to Ask Your Mesothelioma Lawyers

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mesothelioma lawyers 1. How old is your firm?

Mesothelioma lawyers did not really exist until Kazan Law helped create this vital legal specialty in the 1970s. Although asbestos exposure had long been known to cause illness and death, many companies continued to ignore the health hazard they caused. Because of the long latency period before asbestos exposure emerges as mesothelioma, many people exposed to asbestos may not have realized what had caused their lethal illness. In 1974, as a recent Harvard Law School graduate, I started my own law practice, seeking justice for workers injured or killed on the job . I soon received a plea for help from labor union representatives who noticed death certificates piling up for workers from the Lompoc, CA Johns-Manville plant. The landmark cases that we brought to court and resolved against the company and its doctors helped launch the field of asbestos litigation.

Today Kazan, McClain, Satterley & Greenwood has 22 mesothelioma lawyers including me. As we build on our 40 plus years as top mesothelioma lawyers, our firm continues to excel at pursuing justice for mesothelioma victims and others exposed to asbestos. Kazan Law continues to put its decades of experience in pioneering asbestos lawsuits into practice for our clients.

  • We win precedent-setting verdicts for our clients. An $27.3 million verdict was achieved last year by our mesothelioma lawyers in a wrongful death suit on behalf of a mesothelioma victim, his wife and Family.
  • Our firm’s mesothelioma lawyers have played a major role in winning precedent-setting rulings in the California Appellate and Supreme Courts.
  • We continue to receive recognition from our colleagues in law journal polls for being among the top mesothelioma lawyers in the nation

Since 1974, we have represented thousands of people – those suffering from mesothelioma and their families. We treasure our reputation as pioneers in asbestos litigation who are among the most experienced mesothelioma lawyers in the United States.

2.  How do I know if I have an asbestos disease?

Mesothelioma lawyers worthy of that designation will not waste your time or make empty promises to you. Reputable mesothelioma lawyers like those at Kazan Law will only take your case if you have an official diagnosis of asbestos-related disease from a medical doctor.

You should schedule an appointment to be tested for mesothelioma and other asbestos-related diseases if:

You know you have been exposed to asbestos if you currently are having symptoms that suggest you might have mesothelioma or another asbestos-caused illness. This could include trouble breathing, a persistent cough, tiredness, chest pain, loss of appetite among others. The tricky part is that these symptoms could be caused by many other conditions or illnesses such as the flu, an allergy or some other type of cancer or infectious disease. The truth is you cannot or should not try to determine on your own what is causing these symptoms. If any of these symptoms have lingered for more than two weeks, you need to pursue being tested for a number of diseases. That should include being tested for mesothelioma whether or not you recall being exposed to asbestos. Then an experienced mesothelioma lawyer can help you discover how you were exposed to asbestos if you receive an official mesothelioma diagnosis. Mesothelioma is a silent killer that slowly but steadily destroys your lungs over decades without you even knowing you have it. By the time the disease has caused enough damage for symptoms to emerge, it is nearly always fatal. Any level of exposure to asbestos can cause mesothelioma. If you recall being in a situation where you may have inhaled asbestos dust whether at work, on the clothes of a family member who worked around asbestos or in a structure that was being demolished or renovated, tell your doctor.   X-rays taken of your lungs can look for any scarring caused by tiny sharp asbestos fibers , and will help your doctor evaluate your situation.

3. How soon after I am exposed to asbestos should I file a lawsuit with mesothelioma lawyers?

Expert mesothelioma lawyers like those at Kazan Law have a keen understanding of how time sensitive asbestos lawsuits can be. Time, to paraphrase the saying, is not on your side when it comes to asbestos lawsuits and mesothelioma, the lethal cancer caused by asbestos exposure.

By the time mesothelioma symptoms emerge, anywhere from ten to thirty years or more after the initial exposure to asbestos, it usually means the disease is in an advanced stage. Although progress in medical science is improving mesothelioma treatment and some patients with mesothelioma are living longer with the disease, most mesothelioma cases are fatal within one to two years after diagnosis. It is difficult for even the best mesothelioma lawyers to overcome the challenge of not having the mesothelioma patient present as a plaintiff able to provide testimony in an asbestos lawsuit.

Also, every state has its own statute of limitations, a time limit on initiating certain types of legal actions, for asbestos cases. In California, the statute of limitations for filing an asbestos case can run out one year after receiving an official medical diagnosis of an asbestos-related disease.

Asbestos exposure alone does not mean you will develop mesothelioma or any other asbestos-caused illness. It increases the chance that you could. If you know you were exposed to asbestos, it is crucial that you tell your doctor and discuss having regular lung screenings.

If and when you receive a diagnosis of mesothelioma – and we absolutely hope that you won’t – it is imperative that you retain mesothelioma lawyers who should file a lawsuit for you as soon as possible.

4. How much will it cost me for you to investigate my claim?

When you are struggling with mesothelioma, you should not have to worry about attorney fees. We do not charge you anything while we investigate whether or not you have a claim that will stand up in court. If we agree to take on your asbestos litigation case – and we only take cases we think we will win – you will not have to pay us anything until we win or settle your case. That means we work on a contingency fee basis. Our fee is contingent on us getting you money. Kazan Law will never make you pay up front or ask you to pay for a preliminary investigation.

5. How large a settlement or judgment can I expect to recover?

Mesothelioma lawyers who are reputable and reliable should not promise you any specific amount or even guess at an amount that they will be able to secure for you either as a settlement or as part of a trial verdict when you first meet. There are too many variables to consider.

Variables that will help determine the financial outcome of your asbestos lawsuit will include the extent of your illness, the strength of the evidence you can produce to prove that you were exposed to asbestos and what companies may have knowingly caused this exposure. Also what financial resources, including insurance, a company or companies you claim are responsible may possess. Another factor is whether a company you want to name as a defendant has already been taken to court so many times that they have declared bankruptcy and set up a bankruptcy trust. This limit the amount you may receive.

Because of Kazan Law’s well-known reputation as top mesothelioma lawyers, most defendants we sue and their attorneys will settle out of court with us rather than go to trial. We will not take your case unless we believe we can win it, and we take very few cases. We do not disclose the amounts of the many settlements we handle out of respect for the privacy of our clients.

When our cases have gone to trial the amounts our clients have been awarded by juries are a matter of public record. The amounts range from $27 million to $5.4 million. You can read more about these and other specific jury verdict awards we’ve won for our clients.

 

 

 

 

 

EFH Asbestos Claim Deadline Now Here

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EFH asbestos claimDecember 14 is your last chance ever to file an EFH asbestos claim (Energy Futures Holding).  And that day is almost here. On December 14 at 5 pm Eastern Standard Time  – which is 2 pm in California – you and your family will permanently lose the chance to achieve justice from this giant energy corporation even if you become sick or die from asbestos exposure in years to come.

Filing an EFH asbestos claim will require documentation so please do not wait until the last minute. You potentially have much to gain by filing a claim and much to lose by doing nothing.

If you or a family member has ever worked at an EFH power plant, you must have your attorney file a claim with the EFH Claims Processing Center by the December 14, 2015 deadline.  The time to act is now.

We at Kazan Law can file the EFH asbestos claim for you if you do not have a qualified asbestos attorney.  You will not be charged anything unless we obtain a future settlement for you. Although December 14th is the deadline at the EFH Claims Processing Center, Kazan Law must receive the claim form and our signed form authorizing us to represent you by Monday, December 7, 2015. We also must be able to speak with you by close of business that day in order to prepare your formal EFH asbestos claim form for submission.

Filing a claim whether or not you are ill right now with an asbestos-related disease will protect your future legal rights. This is not how we usually do things but the unfairness of the EFH December 14 deadline leaves no other option.

December 14 EFH Asbestos Claim Deadline Imposed by Bankruptcy

The December 14 deadline for all EFH asbestos claims is unfair. It shortchanges potentially thousands of victims who may have been exposed to asbestos at an EFH-owned plant but currently have no symptoms of asbestos-caused disease.  But when you are a $36 billion energy company like EFH with holdings all across the US and around the world, fairness does not enter into the equation.

Energy Future Holdings, knowing it had many asbestos claims against it, successfully filed for bankruptcy. This helped them to limit their financial losses and also drastically limited the legal rights of all its past, present and future asbestos victims.

EFH was required to publish notices about the December 14 claim filing deadline in newspapers and also required to directly contact former employees.  But many people either may not have seen the item in the newspapers or received the letters that EFH was ordered to send, and may not realize that this deadline applies to them.  The December 14 deadline applies to everyone – ill or not.  Please share this information with anyone you know who may be affected.

Who the December 14 Deadline Impacts

The December 14 deadline for filing asbestos claims against EFH potentially impacts thousands of past employees, employees of other companies who worked at sites where companies for which EFH is now responsible did work, and all their family members. Many of them may not know that the power plant where they worked was owned by EFH or worked on by EFH companies. That is understandable.  About 70 different companies are part of EFH.  EFH subsidiary companies include Ebasco, EECI, Enserch, Lone Star Gas, Luminant and TXU, and many more. They worked [are located ]all over the United States and in overseas countries.

You can find complete lists of EFH-owned domestic and international plants on our website. Please take a look to see whether a plant where you or a relative worked is included.

Asbestos-caused diseases may not produce any symptoms for decades. You may be ill but may not be diagnosed until many years from now.  That is why it is so important to file a claim against EFH by the December 14 deadline if you or a family member ever worked at any of the power plants named in the lists we have provided.

Why You Need to Act Before the December 14 Deadline

Please do not wait until the December 14 deadline to act.  You need to get started sooner to give a reputable asbestos attorney time to review your information. And we strongly suggest that you do not try to file a claim on your own.  It will take just a few moments to complete our asbestos claim form with some basic facts about your situation.  We will get in touch with you with any additional questions we may have about your circumstances. We will also give you free expert legal advice about whether you should file a claim with the EFH Claims Processing Center or file any other asbestos-related claim.

If we find you meet the criteria required to file a claim and if you would like our firm to file an EFH asbestos claim for you, you will need to complete and sign a form that gives us official authorization to represent you.

Please understand that submitting this form to us or any other law firm for that matter is not the same thing as submitting it to the EFH Bankruptcy.  The Bankruptcy Claim Form deadline is Monday, December 14, 2015.  The form you would need to sign for proof that we are your legal representation has to be completed by Monday, December 7, 2015.  In addition to completing that form, we also need to talk to you before the end of the business day on Monday, December 7 so that we can move forward and prepare your formal claim.

We will do everything we possibly can to help you. But the first move is up to you.  Please make that move now while there is still time. Remember, all it takes for evil to triumph is for good people to do nothing. So do something now.

 

Union Pacific Liable For Worker’s Death in $6,951,000 Mesothelioma Lawsuit Verdict for Kazan Law

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mesothelioma lawsuitAfter a six-week trial, an Alameda County jury has found that Union Pacific Railroad Company is responsible for a $6,951,000 mesothelioma lawsuit verdict for the suffering and wrongful death of Jeffrey Emerson, who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The company merged with Union Pacific in 1997.

Mr. Emerson was regularly exposed to asbestos at Southern Pacific’s Sacramento Locomotive Shops, both directly in his job and as a bystander to the work of other craftsmen.  In July 2013, he was diagnosed with malignant mesothelioma, a terminal cancer.  For the next seven months, his doctors provided care and treatment. He died on January 24, 2014, just 10 days after his deposition for the mesothelioma lawsuit.

Discovery in the mesothelioma lawsuit revealed that for more than 20 years Southern Pacific had used many different types of asbestos products, including in its diesel locomotives and in piping around its facilities.  Southern Pacific did not comply with the regulatory requirements regarding asbestos for at least 15 years.  Instead it allowed workers to be exposed to asbestos without proper protection throughout the 1970s and much of the 1980s.  Only in the mid to late 1980s did Southern Pacific begin to implement some asbestos safety procedures – too late for Mr. Emerson.

Prior to trial, Union Pacific claimed immunity from the mesothelioma lawsuit based on a prior release of claims for an unrelated back injury.  The trial court denied this defense, ruling that Mr. Emerson’s release of back-injury claims cannot be construed as waiving future claims for asbestos-disease injuries.  The case proceeded on the merits under the Federal Employers Liability Act, which governs claims for railroad-workplace injuries.

At trial, Union Pacific argued that Mr. Emerson died not from asbestos-caused mesothelioma but from lung cancer caused by cigarette smoking (which Mr. Emerson quit in the early 1980s).  Alternatively, Union Pacific argued that, if Mr. Emerson did have mesothelioma, it was caused not by asbestos exposure at Southern Pacific but by earlier exposures in the Navy.  But Union Pacific’s argument that Mr. Emerson was not exposed at the railroad was undercut by an internal company record, obtained by Kazan Law in discovery, admitting that Mr. Emerson was extensively exposed there.

Karen Emerson, Mr. Emerson’s wife, testified about the extensive suffering her husband endured during his seven-month battle with mesothelioma.  He was treated at the Mayo Clinic with both chemotherapy and 30 rounds of radiation.  Post-death tissue analysis revealed extensive asbestos fibers in his lung tissue.

Mesothelioma Lawsuit Verdict

The jury rejected each of Union Pacific’s defenses, found that Mr. Emerson indeed suffered from mesothelioma, and awarded $6,500,000 in pain and suffering damages in the mesothelioma lawsuit.  The court had already determined that Mr. Emerson’s economic damages totaled $451,265.  The total verdict is $6,951,265.00.

The Emerson family was represented by Kazan Law partners Joseph Satterley, Justin Bosl and Denise Abrams, of-counsel Ted Pelletier and associate Ryan Harris.

Experts who testified were pathologists Dr. William Salyer (Oakland) and Dr. Jerrold Abraham (Syracuse), microscopist Dr. Ronald Dodson (Tyler, TX),  pulmonologist Dr. Barry Horn (Oakland), occupational-medicine specialist Dr. David Egilman (Attlesboro, Mass), and treating oncologist Dr. Gregory Yang (Yuma, AZ).

Pro Bono Immigration Case Victory for 14 Year-Old

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pro bono immigration casePro bono immigration cases have become a new way for Kazan Law to put into practice the humanitarian principle of justice for all on which our asbestos litigation firm was founded over 40 years ago.

We have just achieved another important pro bono immigration case victory. It is important because it is going to make a world of difference in the life of a young boy. Our 14-year-old client Joe (name changed to protect his privacy) has been granted asylum by the US Department of Homeland Security Bureau of Citizenship and Immigration Services Asylum Office as a result of our efforts on his behalf.

Pro Bono Immigration Case a Matter of Saving Lives

We took on Joe’s pro bono immigration case almost exactly a year ago. He had become a target of local gangs in his home country after witnessing a horrific, violent attack on his family. At 13 years old, he traveled to the United States with a family member not much older than himself. He didn’t know a soul here when he arrived.

Thousands of kids like our client are running for their lives. They sleep in doorsteps and on sidewalks. They walk for miles until their feet bleed; they dangerously hop freight trains. They hide from sex traffickers and machete-wielding gangs. They beg, steal or forage for food.

Like Joe, many are fleeing from violence. According to a report from the United Nations High Commissioner for Refugees, 58 percent of the 400 migrant youth the agency recently interviewed “had suffered, been threatened, or feared serious harm” that would merit international protection.

Pro Bono Immigration Case Victory Gives Teen a Better Life

After spending weeks getting shuffled around some of those crowded detention centers in Texas, our client Joe was allowed to come to California to live with a RELATIVE here. She and Joe had never met before but she was able to provide him with a good home.

Joe has thrived here over the last year, doing well in school and rapidly learning English. He didn’t speak a word of English at first. Now he is able to speak well enough to talk with Ryan Harris, the Kazan Law associate who managed his case, without a translator.

“He is an incredibly bright kid and now, because of the teamwork here at Kazan, he doesn’t have to worry that he will be sent back to the dangerous conditions he escaped from,” Ryan told me when we discussed the case.

Pro Bono Immigration Case Success Takes a Village

This pro bono immigration case was a success thanks to the efforts of many people here at Kazan Law working together as a team. We are all incredibly proud of this achievement.

I want to especially thank legal assistant Stacy McKenna for her dogged efforts. Stacy spent months doing investigative work to help supplement some of the crucial information in the case, and translating important documents.

Many others also contributed. Associate Stephanie Wargo-Wilson put together an exhaustive compilation and summary of country conditions research showing why it is too dangerous to send Joe home. Paralegal Jazmin Solorzano did a fantastic job as our asylum hearing translator. Associate Irena Kin and administrative assistant Stevie Nicole Chapman helped with court filings. Trust accounts coordinator Marcella Nava ALSO translated MANY important Spanish documents into English. Former Kazan associate Julianna Rivera and now full time immigration attorney with her own practice volunteered her expertise. Executive assistant Terry Roy kept our files organized, calendared the hearings, and processed OUR MANY filings with the asylum office. Retired Kazan partner Frank Fernandez also offered his assistance and experience. And of course big thanks to Kazan Law partner Denise Abrams for being the driving force in taking these very worthy cases.

Second Pro Bono Immigration Case Win With More to Follow

Joe’s case was the second pro bono immigration case our firm has taken on and our second success. Other pro bono immigration cases will follow. We are exhilarated and energized by the difference we have been able to make in the lives of these clients.

Please join me in wishing Joe a bright, happy, and safe future.

Experienced Mesothelioma Attorneys Are the Key to Your Compensation

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mesothelioma attorneysIf you have been diagnosed with mesothelioma, choosing a lawyer experienced in mesothelioma to represent you can make a big difference in the compensation you receive, so it makes sense to choose the most skilled and qualified asbestos attorney you can find. Some lawyers with general practices look for mesothelioma clients, even though they don’t specialize in asbestos law. Other lawyers promote themselves as mesothelioma attorneys, even though they have little or no experience in the field.

Experience Makes the Difference

There is no substitute for intense hands-on experience when it comes to asbestos litigation. An experienced mesothelioma attorney will have a working knowledge of all the potential avenues of compensation: asbestos trust funds, lawsuits, and settlements.

Attorneys who specialize in asbestos law have working relationships with the major players, including the manufacturers responsible for much of the asbestos exposure in the United States and their legal counsel and asbestos trust administrators and staff. A mesothelioma attorney who has been practicing for a number of years will have a thorough knowledge of the specialized process for moving asbestos litigation through the courts and for expediting mesothelioma claims.

Everyone has to start somewhere and every field of law needs new, young lawyers to join and learn. When you select your mesothelioma attorney, choose a lawyer who works for a firm that specializes in asbestos litigation, where the person who represents you will have the benefit of the shared experience and wisdom of colleagues with decades of experience.

Kazan Law: Pioneering Mesothelioma Attorneys

Kazan Law was founded in 1974, at a time when some of the first mesothelioma lawsuits were making their way through the legal system. Our principals have over 130 years of combined experience representing clients with mesothelioma and other asbestos diseases.

Kazan Law has helped and continues to shape the field of asbestos litigation. Our reputation as pioneering mesothelioma lawyers has won us appointments on the Trustees Advisory Committees of almost all of the 60 asbestos bankruptcy trusts set up to compensate victims of asbestos exposure. We make sure the voices of those suffering from mesothelioma and other asbestos diseases are heard by those involved in the administration of those trusts.

Our principals are often invited to deliver keynote speeches and lectures on mesothelioma law because they are considered experts in the field. Not only have we successfully represented thousands of clients injured by asbestos exposure; we have helped educate and train many of the lawyers now working in the field.

In addition, Kazan Law has been recognized as a top mesothelioma law firm because of our accolades, experience, skill, and dedication.

A Culture of Caring

Because of the seriousness of mesothelioma, the awards in asbestos cases are often in the seven-figure range and sometimes in eight figure range. This attracts inexperienced and even, sometimes, unscrupulous attorneys hoping for a fast buck.

At Kazan Law, experience has taught us that winning the maximum compensation for our clients means handling each case with personal care. This comes naturally to our mesothelioma attorneys because this practice is our passion.

Some of our lawyers felt called to become mesothelioma attorneys because they wanted to hold accountable negligent corporations that valued profits more highly than human lives. Some have had personal experience with a family member who suffered from illness due to asbestos exposure.

Every attorney and staff member at Kazan Law has a deep commitment to our clients and to seeking justice for people suffering from mesothelioma, a cancer caused by asbestos.

A Winning Record

When you choose a mesothelioma attorney, you also want a firm with that has a history of winning cases. At Kazan Law, our track record of achieving settlements and winning jury verdicts for our clients has placed us in the top echelon among asbestos lawyers.

Kazan Law partner David McClain won the highest jury verdict in a wrongful death lawsuit in California in 2014, achieving an $11.8 million victory for the family of a man who died at age 68 from mesothelioma, after our partner Joe Satterley won a personal injury verdict for him and his wife in 2011 for $17.5 million.

In 2013, a team of Kazan Law mesothelioma attorneys brought home a verdict of more than $27 million for an 82 year old woman and her family. Her husband worked for a company that made insulation products using asbestos. She developed mesothelioma after coming into contact with asbestos when she washed his work clothes.

We have helped thousands of people suffering the impact of a mesothelioma diagnosis navigate the steps needed to recover compensation from asbestos bankruptcy trusts. Our mesothelioma attorneys have won out of court settlements and jury verdicts worth over a billion dollars for our clients.

Kazan Law attorneys became mesothelioma lawyers because they wanted justice for people who become ill because of asbestos exposure. This exposure continued long after corporations knew the health dangers of this toxic mineral. They have stayed in the practice, bringing decades of experience to work with them every day, because helping people with mesothelioma and their families at their time of greatest need is the best job in the world.

 

Italian Asbestos Mine Offers Hope For an End to Mesothelioma

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MesotheliomaFormer asbestos mining sites around the world present a contamination load and continuing risk to human health that is frightening. The reclamation of one closed asbestos mine in Italy, however, offers hope for a future where mesothelioma and other asbestos-related diseases are almost unknown.

A Toxic Discovery: Chrysotile Asbestos

The tiny Italian towns of Balangero and Corio are nestled in the foothills of the Alps north of Turin (Torino). They have become famous in recent decades as the neighbors of one of the most toxic sites in Europe: the Balangero Asbestos Mine.

In 1907, in serpentine rock formations, miners discovered fibrous chrysotile, a form of serpentine also called white asbestos. Chrysotile, like other forms of asbestos, was prized for its insulating properties.

The Balangero mine began extracting chrysotile in the 1920s from an open pit mine or “glory hole.” The operation used methods to crush rock and dispose of asbestos-laden mine tailings that contaminated the mine site and its surroundings with toxic dust. Workers crushed and bagged asbestos wearing little or no safety gear. Tailings were dumped over an incline and down a ravine. Over the years, the dumpsite built up a 45-degree slope, creating an unstable mass of asbestos tailings that threatened to cause a toxic rockslide.

In 1990, the company that operated the mine went bankrupt and the Balangero mine closed, leaving behind a denuded and scarred hillside and a 400-hectare (approximately 1,000 acres) site thoroughly contaminated with asbestos. The dumpsite was considered one of the most hazardous sites in Italy. If it were located in the United States, it would have been labeled a Superfund site.

A 2008 study found a higher than normal incidence of mesothelioma among former workers at the mine (both blue collar and office personnel). The study also found a mesothelioma cluster among local residents who had never worked at the mine but were exposed to asbestos fibers that contaminated the air, land, and water around the Balangero mine.

Back to Nature: Remediation of an Asbestos Mine

In 1992, after Italy banned asbestos, it became clear that the mine would never reopen. Several local and regional governments banded together to clean up the site. A fund of 40 million Euros (44 million dollars) was created to pay for the remediation.

In the late 1990s, after careful planning, crews in hazmat gear began working to clean up the former mine, which included a number of buildings filled with machinery contaminated with asbestos, the glory hole (now filled with water), several tunnels through the mountain, and the unstable slope of the dump site.

One of the first steps was to reintroduce vegetation on hillsides laid bare by decades of mining and grading. Crews dropped seeds from helicopters across the excavated moonscape and new life began to sprout.

The most critical task was to stabilize the slope where the mine had dumped its dry tailings. A landslide could send a cloud of asbestos fibers into the air, raising the risk of mesothelioma in surrounding communities, as well as contaminate a nearby waterway. The remediation group set up a tramway to airlift out some of the contents of the overfilled dump. The remaining slope in the dumpsite was stabilized with wires and logs. Plantings were added to further prevent erosion of the slope.

The design called for the creation of wooden conduits to channel water and prevent erosion. The water that runs off the slope of the dumpsite is captured and filtered at the bottom of the hill before it enters a local creek, to prevent toxic asbestos fibers from entering the waterway.

The remediation group set up an enclosed warehouse on the site where they carefully sealed and bagged toxic materials from the Balangero mine. The processing machinery will be decontaminated and the metal melted down.

During the remediation process, trucks spray roadways and other surfaces to keep asbestos fibers from becoming airborne. Vehicles are decontaminated before they leave the site.

Return of a Green Valley

Almost two decades on, remediation is not yet complete and much of the original funding remains to be spent. As part of the project, monitoring stations check the ambient air for asbestos fibers so crews can target their remediation efforts and ensure that air quality goals are being met.

Amazing progress has been made, however, in transforming one of Italy’s most toxic sites back to the verdant landscape that existed before the Balangero mine opened.

A recent YouTube video about the reclamation shows a brilliant blue lake in place of the ugly hole of the chrysotile asbestos mine pit. The grim, barren landscape of the abandoned mine has been replaced by verdant hillsides. If you didn’t know what had been there before, you might think this was just another one of the lovely alpine landscapes that Northern Italy is famous for.

Even more importantly, generations of residents in Balangero, Corio, and other neighboring towns will be spared the mesothelioma risks that The remediation is putting toxic asbestos where it belongs: safely underground.

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