42 Years - A Professional Law Corporation - Helping Asbestos Victims Since 1974

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Some Things Still Ring True After Four Decades of Asbestos Litigation

Asbestos Litigation Steven Kazan 1985This month Kazan Law celebrates four decades of obtaining justice for asbestos victims.  To commemorate the occasion, we are taking a look at the firm’s history to participate in our own unique way in social media’s Throwback Thursday. In my last post, I talked about how I founded Kazan Law in March 1974 when as a young attorney I found myself representing dying workers. They had been exposed to asbestos because of a company whose name now has become synonymous with asbestos litigation:  Johns Manville.  It was a landmark case that set a legal precedent and launched me on my journey of handling over a thousand of asbestos litigation cases.

In the firm’s archives, I found an interview I gave to the California edition of the Daily Journal, a legal community newspaper, in 1985. Some of what I said then about asbestos litigation still rings true now.  So for Throwback Thursday, here are several excerpts:

Working with asbestos-related clients is both depressing and rewarding, according to Oakland attorney Steven Kazan who heads one of the Bay Area’s major plaintiff’s asbestos practices.  “As much as you try to retain a sense of detachment, you get involved,” said Kazan, the founder of Kazan & McClain. But helping to obtain financial security for asbestos victims dying of chronic disease is rewarding.

Still true.  Except today it is Kazan, McClain, Satterley & Greenwood, A Professional Law Corporation.

Kazan said his firm will look at about 1,800 possible cases this year, 1,000 of them asbestos-related and take only about 100 of them, the article states.

Factors Kazan uses in evaluating potential cases include:

  • the degree of disability

  • the evidence of asbestos exposure

  • potential monetary damages

Also still true.

Kazan said he sometimes advises people with minor asbestos-related problems to wait and see if their illness progresses to avoid settling for an amount of money that will not cover their medical expenses if their condition worsens.

Still good advice.

Although exposure to asbestos has greatly decreased due to public awareness of its dangers, may people have been exposed but not yet become ill and Kazan predicted that he won’t have to change his practice much in the near future.

“For the next 10 to 15 years there will be a substantial volume of asbestos litigation,” Kazan said.

Sadly, this also has proved to be true.  In fact, it’s been more than 25 years and the need to help obtain financial security for asbestos victims continues to drive myself and my associates forward in our work more than ever.

Kazan Law Celebrates 40 Years of Fighting for Mesothelioma Victims

Kazan Law

Kazan Law in 1991. Partners Steven Kazan (seated) and David McClain (standing third from right) remain.

 

This week our firm Kazan Law, one of the top asbestos litigation firms in the US, celebrates its 40th year fighting for mesothelioma victims and winning precedent-setting verdicts.

To commemorate the occasion here’s a look back to how Kazan Law began.

Forty years ago, the workers at the Johns-Manville plant in Lompoc, California didn’t know why; they only knew that people were sick and dying.  A lot of them.  Colleagues they had worked with for many years.  So the labor union representative collected death certificates of those who had died in the last five years and wrote a letter to someone he thought could help them.  That someone was me.

The year was 1974. Telephones were attached to walls, a computer took up a whole room and companies that produced asbestos-containing products were getting away with murder.  Employees exposed to asbestos on the job were dying from asbestosis and malignant mesothelioma.

And in Oakland, California, 40 years ago, I had just hung out my shingle.  Kazan Law then was just me and a secretary. But I had all ready become known for having expertise in litigating complex medical and scientific issues in other kinds of cases, and had worked with a workers compensation attorney who was hired to get workers compensation benefits for some men who worked at the Pittsburg CA Johns Manville asbestos products plant.

Then, in 1974, shortly after going out on my own, I was asked to help by doing the civil law suits for those plant workers.  I won a precedent-setting suit for Reba Rudkin, who developed asbestosis after working for 29 years at Johns-Manville’s plant in Pittsburg, California. Following this case, I represented over one hundred asbestos-affected workers from Johns-Manville plants.

In 1982, I won a $150,000 verdict for Bob Speake, one of the workers from the Johns-Manville plant in Pittsburg in a test case trial ordered by the Superior Court in Contra Costa County, CA.  This case is regarded as a “threshold verdict” because it created the opportunity for punitive damage verdicts against Johns-Manville. Months later, just as we were getting ready to go to settlement conferences on a large group of those cases in advance of a fall 1982 trial of a group of these cases, Johns –Manville filed for bankruptcy court protection. I eventually had 393 cases pending against the company which we resolved with the Trust Fund set up after that bankruptcy.

Today Kazan Law is still headquartered in Oakland California. Kazan, McClain, Satterley  & Greenwood now has 22 attorneys, including me.  As Kazan Law celebrates its 40th anniversary this month, the firm continues to excel at pursuing justice for mesothelioma victims and others exposed to asbestos.  Kazan Law daily puts its 40 years of experience in pioneering asbestos lawsuits and setting precedents to work for its clients today.  An $11 million verdict was just announced last month in Kazan Law’s wrongful death suit on behalf of mesothelioma victim Gordon Bankhead’s wife and children.

I am proud that Kazan Law has remained at the forefront of asbestos litigation in California and nationally.  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.

As we celebrate our 40th anniversary, we recognize our history and its significance in asbestos litigation landmarks  and celebrate our current accomplishments as we face the future.

Kazan Law Firm Foundation Ranks Among Top Donors for Season of Sharing Fund

Season of SharingAs attorneys who specialize in asbestos cases, we work daily with clients facing enormous tragedies due to circumstances beyond their control.  Most of these people are coping with malignant mesothelioma brought on by work-related asbestos exposure and because of this our firm’s foundation makes it a priority to donate to mesothelioma research.  But our exposure to tragedy and how adverse circumstances beyond people’s ability to control can have a corrosive effect on their lives as well as the lives of their families – especially young dependent children – motivates us to reach out to all those who need help.

One of the best ways we have found for our firm’s foundation to donate to those in need in the community at large is through the annual Season of Sharing Fund.  Although the Season of Sharing fund drive occurs primarily during the December holiday season, its impact on making a difference in the lives of those around us reverberates throughout the year.

This year the Season of Sharing fund campaign total for 2013-2014 reached $7,100,649.  When I recently reviewed the fund campaign online report, I was proud to note that Kazan Law is one of only two law firms in the Leadership Circle of major donors.

We choose to donate to the Season of Sharing because:

  • Through a network of more than 120 community service agencies, the Fund works to identify families in need and provide short-term, critical assistance grants.
  • All of the Fund’s administrative expenses are covered by the Evelyn and Walter Haas, Jr. Fund and the San Francisco Chronicle. So 100 percent of the money raised goes directly to help the recipients.
  • The Fund helps families in many ways, such as paying the rent so they can stay in their home, covering a security deposit so they can transition out of a homeless shelter, or buying a wheelchair or other essential medical equipment that they couldn’t otherwise afford. The Fund supports food banks and distributes nearly $1 million each year to assist individuals and families who might otherwise go hungry.

Successful Kazan Law Asbestos Wrongful Death Case Highlighted in Prestigious VerdictSearch

asbestos wrongful death

Emily and Gordon Bankhead

Here at Kazan Law, when we win a wrongful death asbestos case for our clients we see it primarily as a win for an individual family who has suffered an immense tragic loss. But we also see it as a potential win for all asbestos cases.  Although every asbestos case is unique, they all share some essential similar components. In this way a successful verdict in one asbestos case strengthens the chance that other asbestos cases will also be successful and result in substantial financial compensation for the victims of malicious asbestos exposure.

We are pleased that Kazan Law’s recent successful verdict in an asbestos wrongful death suit for the family of deceased victim Gordon Bankhead was chosen to be featured in the most recent edition of VerdictSearch. In this way, the experience, knowledge and hard work of Kazan Law partner David McClain and the rest of the team in this asbestos wrongful death case will be amplified and provide support for future asbestos cases.

VerdictSearch is the leading provider of verdict and settlement information. It is a legal research tool that searches a comprehensive database of all verdicts and settlements in the U.S. In addition to being a database, for the the legal profession and insurance industry, VerdictSearch is used as reference by publications that include The New York Times and The National Law Journal.

VerdictSearch’s California edition summary of the Bankhead asbestos wrongful death case and the jury awards to our clients states, “The jury found that the amount of damages suffered by the decedent’s family totaled $11 million, which included $6 million the decedent’s wife’s damages, and $2.5 million to daughter(s). Since Pneumo Abex was found 30 percent at fault in the personal injury lawsuit, it will have to pay $3.3 million, not including costs and interest.”

We are proud that our success in winning the Bankhead family’s asbestos wrongful death case was chosen to be part of this important law verdict database so it will resonate for years to come.

Kazan Law Ranks #2 in Million Dollar Verdicts of 2013

Joseph Satterley

Joseph Satterley

I am proud to announce that our asbestos law firm has been recognized for having the second highest ranking for a product liability verdict in the important annual California’s Million Dollar Verdicts list published by the authoritative source of California legal news The Recorder. This victory was the eighth highest among all verdicts awarded in California in 2013.

Kazan Law rated this honor for our June 5, 2013 verdict awarding plaintiffs Rose-Marie and Martin Grigg a total of $27,342,500 in damages for Mrs. Grigg’s asbestos-caused mesothelioma.

Evidence introduced during the trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on the company’s Kaylo brand of insulation showed that exposure to the asbestos in the product could cause fatal disease.

Owens-Illinois nonetheless advertised Kaylo as “non-toxic” and did not state that the product contained asbestos. Kaylo was packaged in boxes without warning about the health hazards associated with asbestos exposure.

“If we live in a society where product manufacturers are not held responsible for products once those products leave their possession, the world we live in is a dangerous place,” Kazan Law partner Joseph D. Satterley said to the jury when he asked them to find justice for Mrs. and Mr. Grigg.

The Recorder is the leading source of important California legal news and information. For over a century, it has provided legal news that California companies and law firms rely on to stay up to date on a wide spectrum of legal issues. In both its print and digital editions, it focuses on legal developments that are considered important news in litigation and judiciary matters.

The Recorder’s annual California Top Verdicts & Settlements issue is one of their most anticipated issues of the year. Making it on there is a sign we’re one of this nation’s best asbestos law firms.

This important annual compilation list is based on VerdictSearch, a comprehensive database of civil and criminal court cases, jury verdicts, legal judgments and settlements. The Recorder’s list highlights the top verdicts of California law firms from the year that just ended. It will be available on The Recorder’s site for the entire year

Kazan Law Helps to Fund Public Justice Attorney Leah Nicholls

Leah Nicholls

Leah Nicholls
Photo credit: Public Justice

Giving back is one of our guiding principles at Kazan Law.  Because we work with mesothelioma patients and their families, much of our giving back goes to mesothelioma research.  However, helping to fund research for new treatments and cures for mesothelioma is just part of the story for us. We also believe in giving back to further the pursuit of justice.

We are proud to donate to nonprofit legal organizations that take on the tough ones and stand up for humanity.  As legal advocates for victims of asbestos exposure, we defend our clients against corporate misconduct and we gladly support legal assistance for those who need it in other causes.

One of the organizations we support is aptly named Public Justice.  Based in Washington D.C. and Oakland, they consider themselves America’s public interest law firm and according to their mission statement, they:

  • protect people and the environment
  • hold the powerful accountable
  • challenge government, corporate, and individual wrongdoing
  • increase access to justice
  • combat threats to our justice system
  • inspire lawyers and others to serve the public interest

Kazan Law helps fund Public Justice by co-underwriting together with another firm a full-time position for one of their attorneys.  Her name is Leah Nicholls and since joining Public Justice’s Washington D.C. office in September 2013, she has helped defend residents of a rural island community against a toxic bauxite refinery, protect the injury settlement of an airlines employee, ensure access by citizens to state government records in Virginia, challenge Texas health regulations over a salmonella outbreak due to unsanitary poultry facilities, argue for a WalMart employee’s right to disability benefits and argue other cases, many involving the Supreme Court.

Leah said in a recent memorandum, “This past year has been both challenging and rewarding, and I am extremely lucky to be able to do the kind of important work that Public Justice does at the highest levels. I am deeply grateful to Steven Kazan for this outstanding opportunity.”

And I am deeply proud of what this young attorney has accomplished at Public Justice in such a short time and look forward seeing all that she will do in the years to come.

Chevron Punished for Misconduct in Asbestos Exposure Case

asbestos exposure caseYesterday I wrote about the order Kazan Law obtained punishing Union Oil for not producing its corporate witness to testify about its past wrong-doing toward asbestos victims. On the same day as Judge Jo-Lynne Q. Lee of the Alameda County Superior Court issued that order, she also punished Union Oil’s parent company, Chevron, for similar misconduct in an asbestos exposure case. Judge Lee granted Kazan Law partner Justin Bosl’s request to sanction Chevron $1,060 in the asbestos exposure case of Patricia and Billy Joe Sendle.

Billy Joe Sendle was a longtime welder for PG&E in Richmond, Merced, and Fairfield, California. During his work he encountered an asbestos pipe-coating called Somastic, which was developed and licensed by Chevron. He brought the asbestos dust home on his clothing and person. His wife, Patricia, was exposed to that dust, especially when doing his laundry. She now has mesothelioma. Chevron delayed producing its corporate witness for months, resulting in Judge Lee’s order sanctioning it. We hope Chevron will produce a witness soon for this asbestos exposure case to answer for its actions in developing and selling a deadly product.

Related postJudge Orders Monetary Sanctions Against Union Oil

Judge Orders Monetary Sanctions Against Union Oil

Union OilFrank Rondon was exposed to asbestos in brakes supplied by Union Oil when he worked as a service station attendant at Felix Union 76 in Los Altos, California in the early 1970s. Mr. Rondon came to Kazan Law for help after tragically learning that he has mesothelioma.

On November 22, 2013, Alameda County Superior Court Judge Jo-Lynne Q. Lee granted a preferential trial date and issued an order to defendants Union Oil to provide deposition dates for their corporate representatives no later than December 20, 2013.

Union Oil attended the case management conference on December 20th with no date to offer. In response, Judge Lee issued a second order to Union Oil to provide dates for deposition of their corporate representatives no later than January 7, 2014.  Counsel for Union Oil promised she would oblige.

On January 10, 2014, despite Judge Lee’s multiple orders and the promises of their counsel, Union Oil still had not provided dates for the deposition. Judge Lee ordered monetary sanctions against Union Oil in the amount of $200.00. It may not seem like much, but we’ve learned that money is all big companies care about, and with Judge Lee’s active intervention, we hope Union Oil will finally produce a witness who can be forced to admit the facts about corporate wrongdoing. This means that Kazan Law partner Justin Bosl will have a stronger case when we go to trial.

Related post: Chevron Punished for Misconduct in Asbestos Exposure Case

 

Court Reinforces Right to Sue at State Level for Workers Exposed to Workplace Toxins

OSHAOccupational safety means just that.  It means safety on the job from life-threatening hazards like asbestos exposure and other workplace toxins. So today I have good news for all of us who care about justice and occupational safety for America’s work force!

Last week, a federal court unanimously issued a ruling strengthening protections for Americans injured by hazardous substances, including asbestos exposure, on the job.

Specifically, the federal appeals court rejected a lawsuit filed by the American Tort Reform Association that challenged an important section of wording in OSHA’s revised hazard communication standard.  OSHA is the Occupational and Safety Hazard Administration, a division of the Department of Labor.

Both state and federal laws outline how companies are required to label harmful substances – including asbestos – in the workplace. Federal law usually trumps state law, but victims injured due to inadequate hazard labeling are still allowed to sue their employer for damages under state law.  The American Tort Reform Association, an industry-funded group, tried to overturn that and was unsuccessful.

I learned of this favorable ruling from Leah Nicholls, the Kazan-Budd attorney at Public Justice, a Washington D.C.-based public interest law firm.  I am proud to say that Kazan Law co-funds Leah Nicholls at Public Justice so she can work on difficult cases to protect people and the environment against powerful interests.

“The court’s opinion is great news for all of us who want to hold employers liable for injuries to employees,” Leah said.

“OSHA endorses the ability of employees injured because of inadequate labeling of hazardous substances to sue under state law to get damages for their injuries and, importantly, to prevent the same injuries from happening to other employees,” she added. “The fact that the D.C. Circuit held that OSHA’s endorsement stands will help persuade other courts that the existence of federal regulations does not prevent people from suing under state laws.”

The US Supreme Court has issued several rulings in recent years scaling back Americans’ ability to sue corporations for damages. The high court is also the most business-friendly since World War II, according to the New York Times business section. In that context especially, Leah said, “This is a heartening decision.”  I concur.

New Year, New Name for Kazan Law

Kazan LawIt’s a new year and our firm has a new name.  A new year is always an excellent time for change, revitalization and renewal. Sometimes change is by choice; you initiate it. Other times change comes to you unbidden and you need to embrace that change and embrace the opportunities it brings.

Here at Kazan Law, we have had change come our way even though we did not seek it.  We were Kazan, McClain, Satterley, Lyons, Greenwood & Oberman.  As of today, our new name is Kazan, McClain, Satterley & Greenwood, a Professional Law Corporation—a reflection of two of our longtime partners choosing retirement.

Dianna Lyons and James Oberman are difficult to say goodbye and farewell to – although we do most emphatically wish them both well.  Both these veteran attorneys are giants in the field and have been with me for many years.  Jim was a certified appellate specialist who did outstanding motion and appeals work and Dianna was a great appellate lawyer who became an accomplished trial lawyer with us. I’ll be giving you a closer look at each of their careers as a proper send-off soon. For now just know that we will miss them.

But as the chapters on their careers at Kazan Law and in asbestos litigation close, new chapters will open. New brilliant young minds fresh from law school and on fire to change the world – or at least a piece of it – will find their way to our door. We will welcome them in just as we once welcomed Dianna Lyons and James Oberman.  And new attorneys will work with us to help you and your families as we always have.

Bottom line?  We’re still Kazan Law.  That hasn’t changed.  We are still the ground-breaking top-ranked asbestos litigation firm we’ve been for decades. We remain passionately committed to fighting for the rights of victims of asbestos exposure and trail blazing new precedents in asbestos law.

Kazan Law is a nationally recognized plaintiffs’ asbestos law firm with a particular expertise as asbestos lawyers fighting for victims of mesothelioma, a cancer that is a result of exposure to airborne asbestos fibers. Some of the principals in our firm are pioneers in asbestos litigation and among the most experienced asbestos lawyers in California. Our attorneys have been instrumental in winning precedent-setting rulings by the California Appellate and Supreme Courts that have impacted asbestos law in California and ensured that asbestos victims have the opportunity to seek justice in the court system against those who caused their illness.

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