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Kazan Law Client Publishes New Book on Daily Life With Mesothelioma

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The Randy Brady StoryEvery one of our mesothelioma clients is unforgettable to us at Kazan Law. Each client is unique with their own story to tell.  Even after many years of experience in asbestos litigation, we remember and cherish each of the lives that briefly touched ours before being cruelly extinguished by mesothelioma or other asbestos-related disease.  We also get to know their families as we help them through this sad and difficult time and always appreciate it when they stay in touch with us.

I was especially pleased when Kazan Law client Debbie Clemmons, the wife of mesothelioma victim Randy Brady Clemmons, approached me this past summer about writing a chapter for her new book about her family’s experience with mesothelioma.  Now I am proud to announce that her book has been published. “In His Grace, Grappling with Mesothelioma: The Randy Brady Story” is now out in paperback. It is available on Amazon where it also can be downloaded in a Kindle edition. And she kindly credits me as a co-author.

My first introduction to the Clemmons family came in 1982, when I helped Randy’s mother Juanita Clemmons win a settlement for the asbestos-caused death of Randy’s father Johney Clemmons in 1981. Randy’s father unknowingly worked with asbestos for 30 years in an Emeryville insulation factory. This exposure took his life as well as Randy’s who developed malignant mesothelioma from inhaling the fibers brought home on his father’s work clothes.  So I feel I have walked this journey with this brave family and was glad to participate in helping Debbie write this book.

At 264 pages, Debbie’s book covers the progression of Randy’s mesothelioma from the beginning of his treatment in 2007 to his death at age 54 in 2009.

“On the pages of this book is our story of how we grappled with mesothelioma. I have a day by day; play by play experience of what we went through. There is also a lot of information on pain management,” Debbie explains in her book jacket text.

The Clemmons family members are deeply religious Christians – Randy was the morning host on KFAX, a San Francisco-based Christian radio station.  He also hosted the Christian Fellowship days with the San Francisco Giants and the Oakland A’s.   Debbie’s book also recounts how her family’s faith and spiritual beliefs helped them through this experience with grace and strength.

But it is also about how they were uplifted by the caring shown to them by other people. “When the terminal diagnosis was given to us, we were showered by the goodness of the people in the community.  Over two hundred people came to our rescue by acts of kindness, meals, financial help and prayer. True acts of love and grace,” she states.

As for my part, Debbie asked me to write the chapter in her book called “How to Choose an Asbestos Attorney.”  In it, I explain why choosing an asbestos attorney is the most important financial decision you will ever make, why you should not limit your choice of attorney to those with offices nearby and how to spot a fake asbestos attorney website. I hope you will take the opportunity to read it.

Kazan Law’s Foundation Helps Those Who Help the Homeless

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Kazan Law's foundationRecently, an item on the morning news caught my attention.  It actually riveted me and stopped me in mid-lift of my coffee cup in a way few news items ever do.  It was Pope Francis, the controversial new pope of the Catholic Church who is making news headlines by speaking out on behalf of the poor.  And this is what he was saying:

How can it be that it is not a news item when an elderly homeless person dies of exposure, but it is news when the stock market loses two points?

The Pope’s bold statement to the world hits home especially now here in Northern California.  Right now we are experiencing record-breaking cold temperatures. Sadly, four homeless people died of hypothermia in the San Francisco Bay Area since last week, highlighting the danger to people without shelter as the region is gripped by freezing temperatures.  Although these deaths did make the news, it does not make up for these the fact that these deaths were preventable.

That’s why I am proud that one of the organizations our firm’s foundation supports is the Dolores Street Community Services.  As their organization’s own tag line says so well, what they do is to provide “neighborhood answers to homelessness.”

Dolores Street Community Services operates the only shelters for men in the Mission District and the only shelters in San Francisco specialized in serving Latino working poor men. The Dolores Shelter Program began in 1982 as a sanctuary for refugees. Today, it provides support and emergency housing for up to 100 working homeless men every night.  Dolores Street Community Services also provides other needed services to the community, including those living with AIDS.

But as the saying goes, you have to spend money to make money. Businesses spend money on things like advertising and promotional events to attract customers and make more money.  But nonprofit organizations often can’t afford do that.  They may not have money to spare to promote themselves and attract donations.  That’s where our firm’s foundation was able to help Dolores Street Community Services.  We helped underwrite their recent fundraiser and were glad to do it.

 

Kazan Law Gives Back Through the Chronicle Season of Sharing Fund

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Season of SharingAt Kazan Law we believe in giving back. In fact, our firm has its own foundation set up for that purpose. Over the last 20 years we have given over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research. This is one way we are giving back to the community of mesothelioma patients and families whose rights we fight for as asbestos litigation attorneys.

But we also believe in giving back to the community our law practice calls home as well as communities all across the US by supporting programs that help provide relief to the poor, distressed or under-privileged everywhere.

At this special time of year as we gather together in our homes to give thanks for our blessings, we at Kazan Law are especially touched by the poignant needs of those who struggle daily with securing for themselves and their families that basic of all human comforts – a home.

A home is an important cornerstone to a person’s wellbeing every day of the year but home takes on special significance at the holiday season. That is why to honor the holiday season we are giving back by donating $20,000 to a special organization called the Chronicle Season of Sharing Fund.

The Chronicle Season of Sharing Fund provides temporary assistance to help people living in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties. Over the last 27 years, the Chronicle Season of Sharing Fund has distributed more than $91 million to help individuals and families in need. Please take a moment and read some of the heartwarming stories about how people have been helped.

It is important to understand that vulnerable individuals and families may be facing loss of their home simply because of the changes rapidly occurring around us here in the Bay Area.

“As the center of the technology industry has moved north from Silicon Valley and the money from tech companies has flowed into the city, income disparities have widened sharply, housing prices have soared and orange construction cranes dot the skyline,” the New York Times reported about our region just this week. “More and more longtime residents are being forced out as landlords and speculators race to capitalize on the money stream.”

While the tech boom has enriched our region in many ways, it has also exacerbated the threat of homelessness for those all ready coping with life challenges. We are proud to support the Season of Sharing Fund campaign.

Kazan Law Acclaimed As Guardian of Justice By Alameda County Bar Association

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Guardians of Justice awareKazan Law, I am proud to tell you, is one of a handful of regional law firms just recognized by the Alameda County Bar Association as a 2013 Guardian of Justice.

The Guardians of Justice is a program that tries to make sure the scales of justice remain in balance. Economic inequality in the US is at an all-time high. Repercussions in the Bay Area are glaringly steep. The drop in public and private funding for legal services has left disadvantaged citizens on their own to navigate a complex and costly legal system without desperately needed resources and assistance.

A local nonprofit legal group called the Volunteer Legal Services Corporation (VLSC) stepped in and started the Guardians of Justice program as a way to try to give lawyers and law firms a chance to help those at risk who do not have the means to pay for legal representation.

Last year, with the funds they raised, the Guardians of Justice program helped more than 1,000 low-income and disadvantaged individuals get access to legal help they could not otherwise have afforded.

Kazan Law is proud to be part of the Guardians of Justice program.  Here are some of the services they provide:

  • Monthly clinics in the areas of family law, domestic violence, bankruptcy, debt collection defense, guardianship, immigration, and landlord-tenant disputes.
  • Pairing of clients with qualified pro bono attorneys who handle complex pro bono cases.
  • Training, mentoring and malpractice insurance to volunteer attorneys, paralegals, and law school graduates.

“As leaders in the legal community, we must ask ourselves what kind of justice system do we desire? Do we want to maintain a system only available to a select few, or do we wish to support one that protects all community members equally?” VLSC asks on its website.  At Kazan Law where we advocate for the rights of people exposed to asbestos through the negligence of often big and powerful interests, we clearly support a legal system that protects all community members equally.

Kazan Law Selected As Best Lawyers By Prestigious Peer Review Group

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Mesothelioma Attorneys Kazan Law

 

 

 

 

 

 

For our mesothelioma law practice this is turning out to be a week of accolades.  I am proud to announce that Kazan, McClain, Satterley & Greenwood has been chosen as a top tier metropolitan law firm by the prestigious Best Lawyers organization. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide.

This newest honor for Kazan Law comes on the heels of finding out that we made the cut for the US Chamber of Commerce’s list of the 15 top asbestos litigation firms in the United States – with myself  plus Joseph Satterley and Justin Bosl singled out for special mention.

“A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers,” Best Lawyers’ website states. “For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.”

The lists of outstanding attorneys are compiled by peer-review surveys.  Tens of thousands of lawyers around the country are asked to confidentially evaluate their professional colleagues. Lawyers are not permitted to pay any fee to participate in these surveys or be included in the lists. If the votes for an attorney are positive enough to be included in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition.

Kazan Law was chosen by Best Lawyers in the categories of mass tort litigation and class action suits for plaintiffs.  These are cases when many plaintiffs, i.e. people who feel they have cause to believe they have been harmed and are bringing a lawsuit against those they believe caused the harm, group together to go up against one or several corporations. The corporations in these cases are the defendants who are defending themselves against charges of causing harm.  At Kazan Law we focus exclusively on asbestos lawsuits. Our attorneys have been important in winning precedent-setting rulings by the California Appellate and Supreme Courts. Kazan Law is consulted by and gives advice to over a thousand potential clients each year.

Kazan Law Makes U.S. Chamber of Commerce List for Top Plaintiff Asbestos Law Firms

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From left, Steven Kazan, Joseph Satterley, Justin Bosl

I am delighted to tell you that our mesothelioma law firm just made the list of Top Plaintiffs’ Firms for Asbestos Litigation in a new list just published by the US Chamber of Commerce.   Only 15 law firms made the list out of the hundreds of firms across the country advertising themselves as asbestos attorneys.

Receiving a spot on this list is a double distinction because the U.S. Chamber of Commerce, headquartered in Washington D.C., traditionally sides with the defendants, the companies who are allegedly responsible for asbestos exposure and lobbies on their behalf. It has an adversarial relationship at best with firms who represent those suing for damages from asbestos-related illness.

So to be chosen as a worthy opponent by the U.S. Chamber is quite an honor.  And it’s an honor we’ve more than earned. Kazan Law has played a significant role in asbestos litigation for nearly four decades.

Kazan Law consistently makes lists for top US law firms including the prestigious Super Lawyers and the US News & World Report’s Best Lawyers list.  The U.S. Chamber’s list was published on October 13 by the U.S. Chamber Institute for Legal Reform.

I was personally named in the U.S. Chamber’s list of top asbestos litigators. In addition, two other Kazan Law partners are noted in the Chamber’s listing.  They are Joseph Satterley and Justin Bosl.  Satterley is a leading asbestos attorney whose own grandfather suffered from asbestosis, a potentially deadly disease caused by asbestos exposure.  Bosl became a partner at Kazan Law in January 2013. He first joined the firm as a law clerk in 2004 and accepted an associate position in 2006. He was named to the Top 40 Under 40 list by The National Trial Lawyers in 2012 and 2013.

I founded Kazan Law in 1974 and since then our firm has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma.  Our attorneys include pioneers in asbestos litigation and are among the most experienced mesothelioma lawyers in California.

But the fact that the top attorneys named for Kazan represent different age and experience level is a clear indication that Kazan Law is well positioned to be a top asbestos litigation firm for years to come.

Court Tells Asbestos Defendant ArvinMeritor that it Cannot Waste The Court’s or Plaintiff’s Time

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judge's decisionAutomobile and commercial truck components manufacturer ArvinMeritor seems to believe that it should not be held accountable for its actions. Fortunately, the justice system believes otherwise.  As I previously reported, an Alameda County jury found ArvinMeritor liable for punitive damages for its wrongful conduct in exposing workers to asbestos. As it upheld the punitive damages award, the appellate court noted that the evidence was clear —“ArvinMeritor’s conduct continued over many years, and evinced an indifference to or reckless disregard of the health and safety of [workers] and those similarly situated.”

More recently, ArvinMeritor intentionally ignored a court’s order and filed a frivolous motion, without legal or factual support, in an attempt to burden two plaintiffs as they sought justice through the legal system. A steadfast local judge, the Honorable Jo-Lynne Q. Lee, denied ArvinMeritor’s motion and fined ArvinMeritor’s counsel, national defense law firm Hawkins Parnell Thackston & Young LLP, for advancing a meritless position.

ArvinMeritor’s request would have increased the financial and time burden on the plaintiffs and their counsel. ArvinMeritor also represented to Judge Lee that its position was justified by the facts of the case and the law.  Neither was true, and Judge Lee quickly and appropriately responded.  She concluded that “ArvinMeritor’s position was not substantially justified” and ordered Hawkins Parnell to pay the plaintiffs monetary sanctions for their time opposing the motion.

Even though Hawkins Parnell knew it was clearly wrong, ArvinMeritor’s counsel disregarded the law and moved forward with the motion, wasting the Court’s and the plaintiff’s time.  The Court is applauded for reminding corporate defendants and their counsel that such actions will not go unpunished

Meet Ted Pelletier, Kazan Law’s Lead Appellate and Motions Attorney

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Ted W PelletierKazan Law is proud to introduce you to Ted Pelletier, the new head of our firm’s appellate and motions department. We are very pleased to bring Ted in-house to exclusively work for you, our clients, after 17 years of observing his excellent appeals work on behalf of injured consumers, especially asbestos victims.

Ted has handled dozens of appeals in the California Courts of Appeal and the California Supreme Court. One of his proudest accomplishments is successfully representing the first Californians to sue cigarette manufacturers, including two smokers who contracted asbestos disease from smoking 1950s Kent cigarettes that contained an asbestos filter. You can read his full bio here.

Right now, we’ll just informally talk to Ted about his work.

Why did you choose to go into law practice?

My mother was an assistant district attorney in Los Angeles. She brought home stories of people whose lives had been devastated by circumstances they had not brought on themselves. The fact that my mom helped them made me feel good about what she was doing. I saw the legal profession as a way to help people who might otherwise be helpless.

How did you become interested in working with asbestos and mesothelioma cases?

I worked in a big law firm for a year in between graduating from UC Santa Barbara and going to law school at Hastings. This firm fought against the rights of injured consumers, and I realized that I couldn’t do that. I wanted to be on the side of the consumer.

After law school, I was fortunate to work for an excellent appellate lawyer practicing on the plaintiffs’ side. The first cases I worked on involved asbestos appeals. I learned through that process about the disease and what it did to people. It felt great to help them.

Why did you decide to work for Kazan Law?

I knew from 17 years in this field that Kazan Law is the best. I always admired their high quality work. I had received overtures before from firms and it had never felt like a good fit — but this one did.

How does your work at Kazan Law help mesothelioma victims?

Money doesn’t replace a person, but it can help a family pay medical bills and compensate for the breadwinner being gone.

We also help give people a sense of justice. Yes, this was done to you but we are making it so that the people who did this are held accountable.

At Kazan, we are also helping to shape the law in this area of fighting for rights of victims, so that the laws provide justice for asbestos victims and applies to everyone, no matter who is representing them.

What do you like about your work?

I know I am fighting battles for people suddenly thrust into the worst battle of their lives.

Imagine that you or someone in your family worked for years installing insulation.  Now suddenly you can’t breathe.  What do you do?

At Kazan Law, we pool our talents and resources and provide these people with help that they otherwise could not get. We battle for them with people who aren’t willing to stand up and be accountable for what they did but are willing to throw money around to defend themselves even if they sometimes have to manipulate science, facts, or truth to do it.  It feels great to fight for these people to get them a sense of justice.

 

Why Kazan Law’s Foundation Supports Legal Services For Prisoners With Children

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Learn how former prisoners are denied jobs, housing, student loans, child custody and the right to vote

What if you had served time in prison but because of your record, you were unable to get a job or find a place to live? How could you possibly become a productive member of society when every door slammed in your face?  How would you make money to feed and clothe your children?

Or what if you were a victim of domestic abuse who was locked up in prison for trying to defend yourself and your children against harm?  And now because of your unjust imprisonment your children were without the one parent they could love and trust?

Decades of advocating for workers and their families who are coping with asbestos-caused malignant mesothelioma has had a profound effect on all of us here at Kazan Law.  It has made us all more keenly aware of institutionalized injustices of many kinds including those I mentioned above.

As attorneys who specialize in asbestos cases, we can’t jump into a different legal area to professionally help people facing these situations. What we can do is offer support through our firm’s foundation to an organization that is committed to improving the odds for incarcerated Americans and their families.

Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation is proud to be a supporter of Legal Services for Prisoners With Children (LSPC).  LSPC provides legal support, trainings, advocacy, public education, and community building to reunify families and communities impacted by the criminal justice system.

Here are some of LSPC’s key projects:

  • The Family Unity Project strives to help keep families connected when a family member is in prison
  • All of Us or None provides support for formerly incarcerated people and their families and seeks to end discrimination against people with conviction histories (see video above)
  • California Habeas Project seeks to free from prison survivors of domestic violence who are in prison for crimes related to their abuse.

To help LSPC fund these and other important projects and to celebrate this organization’s longevity, our foundation became a major sponsor for LSPC’s fundraising 35th anniversary celebration.  The gala event “Rooted Together, Rising as One” takes place on October 19th in San Francisco.  It promises to be a great evening for a great cause.

Kazan Law Pro Bono Attorney Frances Schreiber Fights to Protect Workers

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Fighting for mesothelioma patients who were exposed to asbestos at work is what we do at Kazan Law. Seeing first-hand every day the senseless tragedy of honest hard-working people facing death because of neglect and carelessness by those who manufactured, designed, sold and installed asbestos- containing products inflames our sense of justice.  Our outrage inspires us to work not only to seek justice for our clients coping with asbestos-caused mesothelioma but also to strive to prevent other people from dying or ever becoming afflicted with work-related injuries or illnesses.

Frances Schreiberg is how we do that. Fran is a brilliant attorney who just happens to be passionate about workers’ rights, specifically their right to a safe and healthy workplace, and who also has an impressive track record in working with both the legislative and executive branches of California state government to protect workers from safety and health work place hazards of all kinds. Fran provides free advice to unions and other worker organizations that might not be able to afford an attorney of her experience and caliber.  We pay Fran so they don’t have to.  We let Fran work for them for free also known as pro bono.

In 1980, during Governor Jerry Brown’s first administration, the Governor asked the Director of the Department of Industrial Relations who then asked Fran to find out why the Division of Occupational Safety and Health better known as Cal/OSHA was not bringing criminal cases against companies killing workers as a result of exposure to toxic materials. Fran accepted the challenge.

“Once I became involved,” Fran recalls, “I found it very compelling.”

While working at Cal/OSHA Fran looked into every fatality that occurred in California. Fran recalls, “I reviewed those reports.  Always someone on that jobsite knew that so-called “accident” was going to happen. But either they spoke up and were told to shut up or they didn’t say anything because they didn’t want to lose their job.”

I first met Fran in 1985 when she asked me to provide supporting exhibits for a legislative proposal being authored by then Assembly Member – later to become Governor – Gray Davis to protect workers from asbestos.

In 1987 when powerful industry interests succeeded in having Governor George Deukmejian eliminate Cal/OSHA, I was honored to be a part of a group that banded together to fight back.  We called ourselves WORKSAFE!  and supported an initiative to restore the Cal/OSHA program, Prop 97. It was a tough fight but we succeeded. Cal/OSHA was restored.  WORKSAFE continues to advocate for worker safety and health and to this day our law firm supports their work with annual grants and significant in-kind contributions of office space.  Fran continues to work closely with the organization she helped found.

When Fran left the State Building Trades in 1991, I realized Fran needed to focus full-time on work designed to prevent folks from dying.  I invited her to work for Kazan Law.

“This firm tries to do everything possible to prevent people from ever having to come to see us in the first place,” Fran comments. “So I do trainings for legal services programs, worker centers, unions, and even for businesses.  I give workers and their representatives the tools they need to speak up for a safe place to work and to fight retaliation.”

Fran also spends a lot of time in Sacramento on policy work.  This year she’s worked on three bills to protect workers.  One is SB 193. It would permit the California Department of Public Health to require manufacturers and others to provide information about toxic materials being shipped into California workplaces so that the Hazard Evaluation System & Information Service (HESIS), when there is new scientific or medical information, can assist both employers and employees in protecting against the risks from those chemicals.

“We are hopeful we can get it out of the Assembly Appropriations Committee early next year.  We need to overcome the pressure being exerted by various companies – members of the American Chemistry Council – who see it as interfering with their business – their right to make money,” Fran says.

Every year over 66,000 American workers are injured or die from preventable workplace hazards or exposure to toxic chemicals.

“And Cal/OSHA cannot do it all, nor can they do it alone,” Fran acknowledges. “Cal/OSHA only has 146 inspectors for 18 million workers. Who are we kidding?  It’s a constant struggle.  So laws that facilitate prevention, such as SB 193, are critical.”

“I’m very proud of the bill by which that and numerous other changes were achieved. That’s why I keep doing this,” Fran says.

And that’s why Kazan Law keeps Fran doing this important work.  Thank you, Frances Schreiberg.

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