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

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Kazan Law to Present Four Abstracts at the iMig Boston 2012 Conference

One of the most vitally important groups dedicated to the fight against asbestos caused mesothelioma cancers is the International Mesothelioma Interest Group (iMig). iMig is comprised of independent international scientists and clinicians with the mission of working to understand, cure and prevent mesothelioma. From their inaugural conference in Paris in 1991, iMig’s focus has been two-fold:

  • Host: hold an international mesothelioma conference on alternate years, alternating between USA and non-USA host cities
  • Collaboration: improve collaboration by collecting a list of available resources, current research projects, and other laboratory techniques that might facilitate collaboration as well as providing an opportunity for networking during the biennial conferences.

Kazan Law’s Commitment to iMig

Kazan Law was the first law firm in the world to sign on as a sponsor for this year’s conference. We began our participation at the Chicago iMig meeting in 2006. Since that time, we have sponsored and supported iMig conferences in Amsterdam 2008, Kyoto 2010, the upcoming conference in Boston 2012, and are already helping to fund Capetown 2014.

Kazan Law to Present Four Abstracts at iMig Conference

Our support for iMig has grown beyond our role as a sponsor. We are honored and proud to announce that four abstracts have been chosen from Kazan Law for poster presentation at this year’s Boston conference:

  • Abstract 1: my summary of asbestos bankruptcy trusts. Included will be information on total dollars available for claimants, the number of foreign admitted exposure sites and ships on which products are conceded, the values each trust applies for mesothelioma claims, and a discussion of the availability of some of these funds for foreign claimants.
  • Abstract 2: a case report highlighting the inadequacies demonstrated by relying on death certificates in studies of the incidence of mesothelioma. The basis for the report is a Kazan Law client with well-established and treated mesothelioma. The client who died 11 years later had a death certificate signed by a doctor who failed to list the cause of death as mesothelioma.
  • Abstract 3 by Kazan Law associate Justin Bosl: a summary of the state of the literature for the entity called localized malignant mesothelioma. This is a very rare form of mesothelioma with less than 100 cases in the reported literature, one of whom was Kazan Law client Tim Vest. To fully prepare his case we had to tabulate all of the cases looking at questions regarding long-term survival and/or cure as well as the percentage with asbestos exposure.
  • Abstract 4 by Kazan Law associate William Ruiz: in preparing a case for Kazan Law client Rick Fenstermaker, we had to demonstrate that Union Carbide’s Calidira fiber mined in King City, California contained significant levels of tremolite asbestos (an amphibole which is a conceded cause of mesothelioma) as a significant contaminant of the mines chrysotile asbestos. Yet, some companies still argue that King City asbestos cannot cause mesothelioma.

Kazan Law’s Commitment to Research

The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, has committed almost $6 million in grants for medical research to find a cure for mesothelioma. We have long supported the international efforts to ban its use. We have disbursed almost $20 million in grants to an array of community and civic organizations to support research into causes of, treatment for, and prevention of occupational and environmental diseases, increase and improve public awareness about work-place health and safety, and provide relief to the poor.

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Kazan Law is the only Asbestos Law Firm in the World to present at iMig 2012

My New Role as Chair of Public Justice’s Investment Committee

Steven KazanOn August 1, 2012, I became the Chair of Public Justice’s Investment Committee, tasked with overseeing the management of the Public Justice endowment, reserve and investment accounts. I will also continue as a member of Public Justice’s Board of Directors.

The Investment Committee aims to preserve capital and earn an adequate return in order to help Public Justice fulfill its mission.

This mission is to use creative litigation, public education and innovative work with the community to protect people and the environment, challenge wrongdoings and injustice, increase access to justice and inspire others to serve the public interest.

I enjoyed working on the Investment Committee this past year and helping it to redo the Public Justice investment policy for submission to the Board of Directors, which approved the new policy at its meeting last month. This will let me leverage my experience as an advisor to asbestos bankruptcy trusts (which currently manage over 20 billion in assets for the benefit of their asbestos victim beneficiaries) and apply it to a different context.

The issue of asbestos bankruptcy trusts came into focus during the summer of 1982, when manufacturers of the carcinogenic material began to file for chapter 11 bankruptcy in order to avoid having to pay compensation to workers and other victims who had been diagnosed with asbestos-related diseases such as lung cancer, asbestosis and malignant mesothelioma.

I have been involved in asbestos litigation since 1974, and during this period had to react to this significant change. This trend of companies seeking bankruptcy protection continued in the 1990s and increased heavily in the 2000s. I have been involved on creditors committees representing asbestos victims in nearly all of those bankruptcies. Kazan, McClain, Lyons, Greenwood and Harley was at the forefront in pushing the courts to protect the rights of mesothelioma victims in the Combustion Engineering bankruptcy, and led the reorganization efforts that produced the Combustion Engineering Trust Fund.

This experience will be a tremendous asset as I take over as Chair of the Investment Committee for the Public Justice Board, and I hope to use the knowledge I’ve gained working with asbestos bankruptcy trusts to continue to protect the best interests of the public and the environment.

Judge Ruling Provides Asbestos Victims with Access to Information to Support Prosecution

Alameda County Superior Court Kazan Law attorney William F. Ruiz‘s diligent efforts helped bring about a victory for asbestos disease victims in seeking information they need to prosecute their lawsuit.

On June 29, 2012, in the case Godinez-Phillips v. Allied Packing & Supply, Inc. (RG10543768), Alameda County Superior Court Judge Jo-Lynne Q. Lee denied defendant Turner Construction Company’s motion for reconsideration of a previous order requiring Turner to comply with the victims’ notice of deposition of its corporate representative and custodian of records. This ruling prevents Turner from avoiding complying with the notice of deposition by producing a knowledgable witness or relevant documents.

Judge Lee in so holding specifically refused to interpret a recent appellate decision as prohibiting an employee’s family members from suing for asbestos-related diseases that were at least partly caused by the employee’s employment.

Kazan Law Attorneys Named to Super Lawyers for 9th Consecutive Year

Kazan Law Super Lawyers

We are very proud to announce that Kazan Law attorneys have been named to the prestigious Super Lawyers list for the ninth consecutive year.

What is Super Lawyers?

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

We are honored to have these Kazan Law attorneys included in this list which represents no more than 5 percent of the lawyers in the state of California.

Steven Kazan: Super Lawyer 2004-2012
David McClain: Super Lawyer 2004-2012
Gordon Greenwood: Super Lawyer 2004, 2006-2012

Rising Stars

Super Lawyers Rising Stars recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law 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 three Kazan Law attorneys named Rising Stars this year:

Justin Bosl: Rising Star 2011-2012
Gloria Amell: Rising Star 2011-2012
William Ruiz: Rising Star 2012

 

Judge Rules that a Company Cannot Avoid Asbestos Liability by Dissolving

In a victory for the family of our client, Troy Morgan, whose life was taken by asbestos-related mesothelioma, Alameda County Superior Court Judge Jo-Lynne Lee ruled June 29, 2012 that a company cannot by dissolving avoid liability for its role in causing Mr. Morgan’s death. International Vermiculite, Inc., an Illinois corporation, supplied asbestos-containing materials to Kaiser Refractories and others in California in the 1960’s and 1970’s.  It then dissolved in 1984.

Illinois law potentially bars claims against a corporation that are brought more than five years after the corporation dissolves.  But California Corporations Code section 2010 allows a dissolved corporation to be sued and does not impose any time limit on such suits.  International Vermiculite argued that Illinois law should apply to bar the Morgan family’s lawsuit against it.  Judge Lee disagreed and found that California Corporations Code section 2010 allows the Morgan family’s claim against International Vermiculite to proceed.

As Judge Lee observed in her ruling, an out-of-state corporation that has benefited from doing business in California, and marketed a product in California that will potentially inflict injury many years later, may not by dissolving avoid liability for injuries inflicted by the product.

Kazan Law associate Ian Rivamonte’s work produced the wonderful result on this issue.  The case is Morgan v. A.W. Chesterton Co., et al., Case No. RG11608703.

Asbestos Litigation Triumph against Ford Motor Company

Ford Headquarters In a Kazan, McClain, Satterley & Greenwood asbestos case against Ford Motor Company, an Alameda County Superior Court judge on June 1, 2012 denied Ford’s motion to transfer the trial of dying mesothelioma plaintiff Patrick Scott’s case to Napa County. The judge found that maintaining the trial of this case in Alameda County will promote the ends of justice.

In an effort to delay Mr. Scott’s attempt to seek justice for his family while he is still alive, Ford moved to transfer the case to Napa County by inaccurately claiming that numerous Napa County witnesses would be inconvenienced. The Court denied Ford’s motion, holding that the ends of justice require that Mr. Scott’s case remain in Alameda County in order for him to promptly have his case tried while he is still alive. The Court also found that Ford failed to show that transferring the trial to Napa County would promote witnesses’ convenience.

Plaintiffs Patrick and Sharon Scott allege that Ford exposed Mr. Scott to asbestos while he worked on and around Ford vehicles during the 1960s through the 1990s, a period when Ford was well aware of asbestos related health hazards. As early as the mid 1930s, Ford’s operations in Germany were subjected to the Nazi regime’s workers’ compensation rules, which specified that workers’ asbestos related injuries were compensable.

Kazan Law associates Ian Rivamonte and Mark Swanson, together with partner Jim Oberman, prepared the briefing and made the oral arguments to the Court that produced this triumph for the Scott family

Appellate Judge Upholds $13.5 Million Award in Asbestos Case

In separate decisions, a California appeals court recently affirmed  punitive-damages awards totaling $ 13.5 million  that the jury returned in a Kazan, McClain, Satterley & Greenwood asbestos case  against ArvinMeritor, Inc. and Pneumo Abex, LLC, describing ArvinMeritor’s conduct as “highly reprehensible”  and concluding ample evidence supported Pneumo Abex’s ability to pay its portion of the award.

Writing for the First Appellate District, Justice Ignazio Ruvolo wrote on April 19 that ArvinMeritor, the successor to brake shoe manufacturer Rockwell, knowingly exposed workers to asbestos without placing warnings on its products for years.

“By the 1960s, ArvinMeritor knew that workers exposed to asbestos dust were at risk of developing asbestos-related diseases,” Ruvolo wrote. “Indeed, in 1973 and again in 1975, it wrote letters to (Pneumo Abex) and other manufacturers complaining about the presence of asbestos dust in the brake linings it was receiving from them. Nonetheless, ArvinMeritor did not place any warnings on its products until the early 1980s, and continued to market asbestos-containing brakes until its inventory of them was exhausted sometime in the early 1990s.”

On April 26, the same appellate court concluded that the evidence adduced at trial — including that Pneumo Abex obtained $207 million upon the sale of its asbestos-containing brake-lining business in 1994 — fully supported the $9.5 million award the jury assessed against Pneumo Abex.

Couple wins fight for compensation

Gordon Bankhead, who worked as a parts man repairing heavy duty vehicles between 1965 and 1999, regularly handled  and worked in proximity to brakes  that contained asbestos , which led him to inhale the carcinogenic mineral fibers.

Mr. Bankhead spent the majority of his career with Sea-Land Shipping Company, which purchased brake shoes from ArvinMeritor predecessor Rockwell  and other suppliers that contained asbestos-containing linings manufactured by Pheumo Abex.  Mr. Bankhead  was diagnosed with malignant mesothelioma in January 2010 .

We  represented Mr. and Mrs. Bankhead in a trial that began on October 25, 2010.  The evidence indicated that the companies involved were aware of the dangers of asbestos exposure for a number of years, but Rockwell did not stop selling asbestos brakes until 2000.

Gordon Bankhead, who died last October as a result of  his mesothelioma, and his wife Emily were  awarded $ 13.5 million in punitive damages and  nearly $ 4 million in compensatory damages.

Award highlights the deadly risks of asbestos

The compensation award to the Bankheads following their legal battle represents the latest instance of companies being held liable for their actions that contributed to the diagnoses of serious illnesses.

Mesothelioma Lawsuit Resolved for DIY Home Improvement Asbestos Exposure Victim

Rick Fenstermaker and his son Ross at a 2010 World Series game In 2011 the Fenstermaker family of Alameda, California received some news that changed their world. Husband and father Rick Fenstermaker was diagnosed with mesothelioma, an incurable cancer caused by breathing invisible, odorless asbestos dust.

Rick Fenstermaker earned his success through hard work and hands-on education. In the 1970s he bought fixer-uppers. He worked on the houses himself: he patched and repaired walls, installed new windows, fixed roofs, and made the homes desirable to tenants. Rick took care of all the property management and maintenance for the homes he rented to his tenants.

Rick and his wife Eve used this entrepreneurial experience to build a thriving realty and brokerage business. Rick and Eve were close supportive partners in both business and home. They raised three children together and enjoyed the successes their perseverance brought.

What they didn’t know is that some of the products Rick used in the 1970s contained asbestos.

Kazan Law’s investigation revealed that the asbestos products Rick used had the same brand of asbestos, called “Calidria.” Calidria was mined, milled, and marketed by the Union Carbide Corporation, a subsidiary of Dow Chemical Company.

Trial commenced on January 23, 2012. Firm principal Dianna Lyons and associate William Ruiz served as lead trial counsel with law and motion support from associate Michael Stewart. The case resolved to the parties’ mutual satisfaction after “mini-opening statements” and plaintiffs’ counsel’s first round of jury voir dire.

Rick fought through extensive surgery and chemotherapy with Eve always by his side. Sadly, Rick finally succumbed to his illness and passed away on April 9, 2012, at his home and surrounded by his family.

Laurie Kazan-Allen Receives Prestigious Award for Raising Global Awareness of Asbestos Diseases

Laurie Kazan-Allen with ADSA executive Rosemarie Vojakovic

Laurie Kazan-Allen with ADSA executive Rosemarie Vojakovic

Fighting for asbestos victims is my family’s work. I am very proud to announce that my sister, Laurie Kazan-Allen, coordinator of the International Ban Asbestos Secretariat (IBAS) since its inception in 2000, received the distinction of being named the 2012 winner of the Emeritus Professor Eric G Saint Memorial Award on Sunday, March 25 at the Annual General meeting of the Asbestos Diseases Society of Australia (ADSA) in Perth, WA.

The Emeritus Professor Eric G Saint Memorial Award has been awarded 21 times and includes medical professionals such as doctors and nurses, asbestos disease clinicians and researchers as well as representatives of the ADSA. Laurie-Kazan Allen is the only non-Australian recipient of this highly prestigious award.

Announcing the 2012 recipient, Rosemarie Vojakovic, an Executive Officier of the ADSA said:

“Over the year, our organisation (the ADSA) has greatly benefitted from information provided by our worthy recipient. Of particular importance and benefit to all Australians was information mainly relating to white asbestos and its carcinogenic properties which cause malignant mesothelioma.Our worthy recipient has represented our organisation with pride and dignity in all parts of the world and placed our organisation on the global scene.”

The award was presented to Laurie Kazan-Allen by the Honourable John Kobelke, MLA, member of the legislative assembly, the lower house of the Western Australian legislature.

The award’s namesake, Dr. Eric Saint, was born in Britain in 1918. He qualified as a medical doctor and served in the RAF in India World War II. In 1948 he went to Western Australia, where he remained until he died at age 70.

He spent his career occupied in issues related to public and occupational health including infant welfare, insects and pests and the asbestos mining industry.  In the 1940s he sent a letter regarding the Wittenoom blue asbestos mine to the authorities predicting that “in a year or two, [the company of] Australian Blue Asbestos will produce the richest crop of asbestos disease in the world’s literature.” The letter came to light and was used successfully as Wittenoom miners began to litigate against the mine owners for the diseases they contracted working at Wittenoom.

Dr Eric Saint helped to found the medical school in Western Australia and is widely regarded as an iconic figure in WA history.

5 Kazan Law Attorneys Included in The Best Lawyers in America

Kazan Law attorneys

From left Steven Kazan, David McClain, Dianna Lyons, Denise Abrams, Francis Fernandez

We are proud to announce that five Kazan Law attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.):

David M. McClain (first listed 2006)
Dianna C. Lyons (first listed 2009)
Francis E. Fernandez (first year listed)

Best Lawyers has become universally regarded as the definitive guide to legal excellence since its inception in 1983. Inclusion in Best Lawyers is considered a singular honor because Best Lawyers is based on an exhaustive peer-review survey in which more than 41,000 leading attorneys cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas. Additionally, lawyers are not required or allowed to pay a fee to be listed. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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.

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