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

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Kazan Law Pro Bono Attorney Frances Schreiber Fights to Protect Workers


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.

In Support of the California Rural Legal Assistance Foundation

California Rural Legal AssistanceBecause of seeing the tragedy of mesothelioma strike so many dedicated hardworking people who were just at their jobs doing what they were supposed to do and giving it their best,  I realized that more needs to be done to protect people in the workplace.  Especially to protect people who have few resources and do not have the means to protect themselves. Helping people who are unable to help themselves is a core value of our firm, a driving force behind the work we do, and one of the most compelling reasons that helps all of us maintain our focus. One of the mechanisms that allows us to continue to fight against the scourge of asbestos production and usage throughout the world, is the work we are able to perform through our charitable foundation.

That is why at Kazan Law, the stated goals of our charitable foundation include trying to:

  • Increase and improve public awareness about work-place health and safety
  • Enhance access to, participation in and education about the legal system and governmental processes

To fulfill these goals we identify and support nonprofit organizations that are effective at providing help in these areas where and to whom it’s most needed.

One organization we are proud to support is California Rural Legal Assistance Foundation (CRALF).   For over 30 years, CRLAF has worked with California’s farm workers, migrant workers and the rural poor to protect their rights and health. CRALF gives a voice to Californians in low-income and marginalized communities and provides them with essential legal services.

Just last Sunday, the San Francisco Chronicle newspaper had a front page article highlighting the effects of pesticides on generations of field workers in the Salinas Valley.  Although pesticides are different from asbestos, the  overriding similarities – workers exposed without their knowledge or consent to potentially life-threatening lethal toxins – that make this is a cause that I wholeheartedly support. .

I am proud of CRLAF’s Pesticide and Work Safety Project and its efforts to encourage stricter enforcement of existing pesticide laws and regulations, better regulations and increased use of safer pest control alternatives.  They recently created a pesticide exposure prevention and response video for farm workers and have helped author reports such as Fields of Poison and Second Hand Pesticide: Airborne Pesticide Drift in California.

To help support CRLAF, Kazan Law is helping to sponsor a fundraising event on Friday night, October 4 at the California Museum in Sacramento.  The event Luchando por Justica (Fighting for Justice) will honor Sacramento County Superior Court Judge Emily Vasquez, California Labor Commissioner Julie Su, and farm worker and women’s rights advocate Guadalupe Negrete Rendon.   Justice Cruz Reynoso, the first Hispanic to serve on the California Supreme Court and a recipient of the Presidential Medal of Freedom in 2000, will be the keynote speaker.  If you can, I hope you will consider joining us there.

Asbestos Attorney Carole Bosch Joins Kazan Law

Carole Bosch

Carole Bosch

I am pleased to announce that Carole Bosch has joined our firm as an associate asbestos attorney.

Carole has successfully represented plaintiffs in personal injury, civil rights, prescription drug, and toxic exposure cases.  Since 2007, she has been litigating cases on behalf of numerous plaintiffs affected by asbestos exposure, including construction workers, drywallers, plumbers, pipefitters, insulators, pump mechanics, plant maintenance persons, matchplate makers, as well as their wives and children who were exposed to asbestos unwittingly brought home.

You can read her complete bio here.  For now, I’d like to share what Carole had to say when I asked her about her work.

How does your work as an asbestos attorney at Kazan Law help mesothelioma victims?

A lot of people have been and continue to be exposed to dangerous toxins in the work environment.  What we do serves a dual purpose.  It  serves to compensate victims and their families who develop illness through no fault of their own as a result of their exposure to asbestos without any knowledge or protection.  Often their families are also victims through secondary take home exposure.

Our work at Kazan Law also serves to deter companies from doing today what companies in the 50s and 60s did. Asbestos is more regulated today but still many workers are exposed to other lethal toxins in the workplace.

How do you approach working with mesothelioma victims and their families?

I bring both a personal touch and an expertise.  I develop a close bond with my clients and I am very familiar with the products they used and the work they did.  These are wonderful people who took a lot of pride in their work. We give them an opportunity to talk to someone who understands what they did.

It is important for these people who are suffering to know that their attorneys care.  We really do care about them, we care about their families. And we care about their families’ future.

What do you like most about your work as an attorney in asbestos and mesothelioma litigation?

Helping people.  It sounds cliché but that is what we do here at Kazan Law. We help people. We make a difference in their lives and we make a difference in the workplace.

Now that you are part of the team of asbestos attorneys at Kazan Law what do you hope to do?

I really want to contribute to what it is that Kazan Law does best.  Kazan Law has a reputation for doing high quality work for their clients.  That is something I share and want to continue.  It is what sets us apart from the many firms that do volume work as opposed to quality work.

Kazan Law Serving the Mississippi Center for Justice

Gordon Greenwood

Kazan Law partner Gordon Greenwood

In addition to serving our clients and supporting mesothelioma research, the partners at our law firm work through the Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation to help disadvantaged communities around the country tackle various issues.

To maximize our impact, we try to support other organizations that help disadvantaged citizens maneuver through obstacles that they may encounter because of their socioeconomic status. Several of us also volunteer as leaders for these groups.

Partner Gordon Greenwood

One of our partners, Gordon Greenwood, is serving on the board of the Mississippi Center for Justice, or MCJ. The lawyers and professionals at the MCJ strive to bolster the legal and socioeconomic statuses of communities of color in a state that has traditionally been a hotbed of racial tension. The organization has dealt with matters that are far-reaching in both geography and history. Ongoing campaigns include helping HIV-positive patients navigate the healthcare system, fighting predatory lending practices and keeping public housing affordable.

One of the more high-profile undertakings of the MCJ is its work to help citizens who were hurt by the BP Oil Disaster. Despite the fact that the oil company was found legally liable for the calamity – which killed several people and devastated those who worked in the fishing and service industries – leaders at BP have been trying to brush off all responsibility and stall compensatory payments to residents of the area. Meanwhile, the company is trying to sweep these developments under the rug with a reprehensible public relations campaign touting its supposed efforts improve the region.

MCJ responded to the injustice by forming the Gulf Justice Consortium. The project is helping those that BP hurt by providing pro bono services, arguing for changes to the claims system, giving a voice for all people whose jobs were affected by the disaster, ensuring fair calculations for claims and ensuring the presence of language aides to assist the sizable Vietnamese population.

Our firm’s foundation is proud to have Gordon sitting on the MCJ’s board of directors, where he’s in a position to help millions of Mississippians.

 

Kazan Partner David McClain Serves as Key Witness in Major Asbestos Bankruptcy Trial

David McClainBecause of Kazan, McClain, Satterley & Greenwood’s acknowledged expertise in asbestos claims, one of our principal partners David McClain recently was asked to serve as a key fact witness in a major asbestos bankruptcy case underway in Charlotte, NC.[1]  The outcome of this trial will determine how much Garlock Sealing Technologies and its parent company Enpro will have to pay into a trust fund for victims exposed to its asbestos-containing products.

According to David, “It was acknowledged by the counsel representing both present and future asbestos victims that we are among the foremost experts in this type of litigation and would be in the best position to tell the judge about Garlock’s liability.”

Garlock wants to set aside about $270 million for the trust. The claimants are asking for over a billion dollars from Garlock and its parent company Enpro.

As part of its legal strategy, Garlock filed for asbestos reorganization in federal bankruptcy court. The gasket manufacturing company’s case went to trial in early August to determine its total liability.  Although the evidence is now closed[2] a decision is not likely soon as the judge has much to consider

Garlock went to federal bankruptcy court to avoid more expensive lengthy trials for individual claims, which often resulted in big settlements. Now, to reduce the amount of the trust for claimants as part of a bankruptcy settlement, Garlock is attempting to prove that the victims’ cases are dishonest, because they may have been exposed to asbestos from sources other than their products, even though this argument has never worked for it in court when they actually tried cases.

“They (Garlock) have the money to pay up.  They just want to keep it for themselves. So they were trying to claim that the plaintiffs were being dishonest.  I countered that, and showed that it’s not true,” David commented when we discussed the case.

David pointed out to the judge how under California law, plaintiffs only need to show that the company’s gaskets increased the risk of developing mesothelioma, the fatal cancer caused by asbestos exposure. This ruling provided incentive for Garlock to avoid individual trials by paying its fair share in settlements of those cases.

When the judge hands down a decision on this asbestos bankruptcy case, I will report to you about it right here on the Kazan Law Blog.

[1]    Evolving litigation landscape led to settlements, witness testifies at Garlock trial; Legal Newsline; Aug 7, 2013

[2]  Garlock bankruptcy trial concludes in N.C.; Legal Newsline; Aug 23, 2013

Kazan Law Attorneys Selected for Best Lawyers in America

Best_Lawyers_2013We are proud to announce that four Kazan Law attorneys were recently selected for inclusion in The Best Lawyers in America in the category of Mass Tort Litigation/Class Actions – Plaintiffs.

Steven Kazan (first listed 2006)
David M. McClain (first listed 2006)
Dianna C. Lyons  (first listed 2009)
Denise Abrams (first listed 2009)

A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor awarded to a lawyer by his or her peers. The list is compiled from peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to participate in or be included.

It is important to note that the lawyers listed in Best Lawyers have no say in deciding which practice areas they are included in. They are voted into practice areas entirely as a result of the votes they receive from their peers. Read about other awards our top asbestos law firm has received.

Judge Allows Take-Home Exposure Asbestos Lawsuit to Move Forward

Bank of America building, San FrancoscoOn July 26, 2013, Kazan, McClain, Satterley, Lyons, Greenwood & Oberman were pleased that justice was achieved for the wife of a retired Bay Area ironworker when an Alameda County Superior Court judge allowed her take-home exposure asbestos lawsuit to move forward to trial by jury.

Donald LeBoa worked for hundreds of days on the construction of the Bank of America high rise building in San Francisco in the late 1960’s.  The project involved a continuous sweeping of dry oversprayed fireproofing in the building, which caused large amounts of asbestos-containing dust to become airborne.

The asbestos in the air fell on everyone in the area, including Mr. LeBoa, whose work clothes became covered with asbestos dust. Mr. LeBoa wore his work clothes home every day and his wife washed them.  Mrs. LeBoa shook out the dust from her husband’s clothes before putting them in the washing machine with the rest of the laundry.

Mrs. LeBoa was diagnosed in 2012 with mesothelioma, a fatal cancer. The asbestos on her husband’s work clothes caused Mrs. LeBoa’s mesothelioma.

The sweeping work that created the asbestos dust that fell onto Mr. LeBoa’s work clothes was performed by a company called Cahill.  Cahill did not try to control the asbestos dust in the building nor did Cahill warn anyone of its risks.

Mrs. LeBoa sought compensation from Cahill, along with other defendants, in a take-home exposure asbestos lawsuit for its role in causing her harm.  Cahill asked the court to dismiss the case, arguing that a person exposed to deadly dust tracked into her home should have no right to file a lawsuit.  Judge Jo-Lynne Q. Lee disagreed with Cahill and allowed Mrs. LeBoa’s case to move forward.  The judge’s order explained, “Cahill has not made a sufficient legal argument to induce this court to establish a new rule of law and grant it summary judgment under that new rule.”

Trial for this take-home exposure asbestos lawsuit begins on August 13, 2013 against Cahill and the other defendants. (LeBoa v. Alta Building Material Co., et al., Alameda County Superior Court, No. RG13667129)

 

Kazan Law Attorneys Selected as Northern California Super Lawyers for 10th Consecutive Year

Kazan Law 2013 Super Lawyers

From top left, Northern California Super Lawyers Steven Kazan, David McClain, Joseph Satterley, James Oberman, Justin Bosl, William Ruiz, Michael Stewart

The objective of Super Lawyers is to create a credible listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. We are very proud to announce that Kazan Law attorneys have been named to the prestigious Northern California Super Lawyers list for the tenth consecutive year.

Attorneys are selected by Super Lawyers using a multiphase selection process which received a patent from The United States Patent and Trademark Office in April 2013. The patent is a distinction which demonstrates credibility as an impartial third-party rating system.

Attorneys are nominated by peers and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

Attorneys named to Northern California Super Lawyers represent no more than 5 percent of the lawyers in the state. We are honored to have these five Kazan Law attorneys included in this list:

Steven Kazan: Super Lawyer 2004-2013
David McClain: Super Lawyer 2004-2013
Joseph Satterley: Super Lawyer 2013 (selected in Kentucky)
Gordon Greenwood: Super Lawyer 2004, 2006-2013
James Oberman: Super Lawyer 2010-2011, 2013

Rising Stars

Super Lawyers Rising Stars recognize the top up-and-coming attorneys in the state. The selection process for the Rising Stars list is the same as the Super Lawyers selection process, except to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to this list. We are very proud of the four Kazan Law asbestos attorneys named Rising Stars this year:

Justin Bosl: Rising Star 2011-2013
Gloria Amell*: Rising Star 2011-2013
William Ruiz: Rising Star 2012-2013
Michael Stewart: Rising Star 2013

*Ms. Amell left the firm in June 2013.

Jury Awards $27.3 Million in California Household Asbestos Lawsuit

Martin and Rose-Marie Grigg

Martin and Rose-Marie Grigg

On June 5, 2013, an Oakland jury completed its award to plaintiffs Rose-Marie and Martin Grigg of a total of $27,342,500 in compensation stemming from Mrs. Grigg’s asbestos-caused mesothelioma.  Mrs. Grigg, now 82, was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.

Mrs. and Mr. Grigg were represented by Joseph D. Satterley, Andrea Huston, Ryan Harris and Michael Stewart of Kazan, McClain, Satterley & Greenwood.

Evidence introduced during trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on Kaylo 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,” Mr. Satterley said to the jury as he asked them to find justice for Mrs. and Mr. Grigg.

The jury found that Owens-Illinois, Inc. manufactured a defective product, failed to adequately warn Mrs. Grigg, was negligent, and intentionally failed to disclose information about Kaylo-related health hazards to Mrs. Grigg.  The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud toward Mrs. Grigg.

The jury awarded Mrs. Grigg $12,000,000 in damages for her pain and suffering, Mr. Grigg $4,000,000 in damages for his loss of consortium, and $342,500 in economic damages. The jury also levied an $11,000,000 punitive damages verdict against Owens-Illinois, Inc.

Honoring the 2013 Broussard Scholarship Recipients

Broussard Scholarship recipients 2013

From left, Steven Kazan, Scholar Evelyn Rangel-Medina, Scholar Chris Ballard, Scholar Tenette Smith, Broussard Board member Jill Dessalines, Scholar Marlene Benedict

Last week the Alameda County Superior Court and the Allen E. Broussard Scholarship Foundation co-sponsored Alameda County Superior Court Law Day, where the recipients of the 2013 Broussard Scholarship were honored at the Law Day Student Luncheon. The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation was pleased to support the Allen E. Broussard Scholarship Foundation and the funding of one of this year’s scholarships.

The Allen E. Broussard Scholarship Fund was established in 1996 after the death of California Supreme Court Associate Justice Allen E. Broussard, and was incorporated as the Allen E. Broussard Scholarship Foundation in 1999. The goal of the foundation is to continue Justice Broussard’s work in the minority community in assisting young lawyers in their pursuit of a career in the legal profession.

Having served as Chairman of the Board of Directors of the Allen E. Broussard Law School Scholarship Foundation for over a decade, it pleases me each year to present three or more academically well qualified students from economically deprived backgrounds with a $5,000 scholarship. This award is the largest private scholarship award for law students attending California Bay Area law schools. Four students received the award this year.

2013 Broussard Scholarship Awards

Chris Ballard was raised in the San Joaquin Valley city of Wasco, California. Overcoming the struggles of poverty, he went on to study Politics and Business at California State University, Fresno. Upon graduating, Mr. Ballard turned down a position on Wall Street to work as a Community Organizer for a non-profit organization helping people who were losing their homes. He was appointed as Planning Commissioner for the City of Wasco, the youngest in California history and the first African-American to do so in Wasco. Mr. Ballard will be studying at UC Hastings College of the Law this fall.

Marlene E. Benedict is the first American-born member of her family, who immigrated to the United States from Managua, Nicaragua in the 1980s. Growing up in a working class neighborhood in the East Bay, she is committed to practicing public service law close to her hometown. Ms. Benedict received her Bachelors of Arts degree in Political Science and History from UC Santa Barbara and is attending the University of San Francisco School of Law.  She believes that advocating for the rights of marginalized communities and facilitating how legal services are administered to the general public is her calling.

Evelyn Rangel-Medina is the first person in her family to graduate from college. She graduated magna cum laude from the University of Nevada, Las Vegas, where she attained three B.A.’s in Women’s Studies, English and Political Science. A 2013-2014 Phoenix Fellow of the Berkeley Law Foundation, she will enter the University of California, Berkeley School of Law. Ms. Rangel-Medina is the co-founder and former president of the United Coalition for Immigrant Rights (UCIR). She also worked as Policy Director of the Ella Baker Center for Human Rights, where she successfully advocated the creation of the Climate Change Community Benefits Fund. After law school, she plans to become a public interest lawyer and work for transformative social and political change.

Tenette Smith was born and raised in Modesto, California where she lived with her mother and sister. She received her Bachelor’s Degree in Business Administration from San Diego State University and her degree in Paralegal Studies from Cuyamaca College while working at the San Diego Superior Court. Ms. Smith is in her first year at the University of San Francisco School of Law. She is interested in pursuing a career in public interest law. This summer she will intern at the Federal Defender’s Office in Little Rock, Arkansas as a part of the Keta Taylor Colby Death Penalty Project.

 

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