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

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Workers Rights Summer Brown Bag Series

workers rightsOur mission at Kazan Law to defend those harmed by workplace asbestos exposure keeps us focused on worker safety and workers’ rights.  Manufacturing may have declined in the United States in recent years but blue collar work – whether in agriculture, automotive or service industries – has not. A 2012 survey finds that in California blue collar workers outnumbered white collar workers 61% to 39%.  For that same year, Worksafe, a California nonprofit that Kazan Law has supported for many years, reported that 451,500 of those blue collar workers were injured or made ill at their jobs. An additional 339 were killed.

Therefore we feel that it is important to educate our summer asbestos law clerks as well as new employees of the firm who have recently graduated not just about the law and our practice, but also about our deep commitment to justice for all and defending workers’ rights to safety and health on the job as well as other important workers’ rights.  One of the ways we do this is with a weekly brown bag lunch series throughout the summer. The summer law clerks and any staff who choose to attend bring their lunch at noon to our conference room. There we provide cookies and beverages along with short documentary films and/or in-person talks from administrative law judges, attorneys, union representatives, and others involved in advocating for workers, including attorneys on our staff.

This inspiring series is coordinated by Fran Schreiberg, Of Counsel staff attorney who has made a career safeguarding workers rights on a state and federal level.

Topics include:

Meet Arthur Bryant and Sarah Belton of Public Justice Bryant, President of Public Justice and the Public Justice Foundation, has won major victories and established new precedents in several areas of the law, including constitutional law, toxic torts, civil rights, consumer protection, and mass torts.  The National Law Journal named him one of the 100 Most Influential Attorneys in America. Sarah Beltonjoined the Public Justice Oakland office in June 2013 as the first Cartwright-Baron Attorney. She was previously an Equal Justice Works fellow and a staff attorney at Legal Services for Children in San Francisco, California.

Report Back from Dhaka, Bangladesh Protecting Bangladesh Garment Workers from Factory Fires and Building Collapses with Garrett Brown, MPH, CIH. Brown worked for Cal/OSHA for 20 years as a compliance officer and Headquarters staff, and is now full-time volunteer Coordinator of the Maquiladora Health & Safety Support Network.

Making a Killing: Philip Morris, Kraft and Global Tobacco Addiction with discussion by Ted Pelletier This half-hour film shows how the tobacco giant uses its political power, size and marketing skill to spread tobacco addiction internationally, leaving in its wake a trail of death and disease. Pelletier, Of Counsel to the firm, earlier in his career handled the first two appeals v. Philip Morris and RJ Reynolds in California, and will share some litigation-specific stories of those cases and how they played a part in cracking Tobacco’s long-asserted lack of liability.

Those Who Know Don’t Tell A powerful documentary about the history of the struggle to rid the workplace of occupational hazards, including asbestos.

Kazan Law Foundation Honored by Lend a Hand Foundation

Kazan Law FoundationThe success of our asbestos law firm compels us to reach out and try to help meet the needs of the vibrant diverse community around us. The Kazan Law Foundation was formed in 1994, and over the years has disbursed over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research.

Recently our Foundation was recognized by Oakland’s Lend a Hand Foundation for our contribution to their efforts. At their annual ceremony, the Green and White Ball, featuring legendary percussionist Pete Escovedo , we were honored to receive a certificate of special Congressional recognition from Congresswoman Barbara Lee as well as certificates of commendation from the California State Assembly and the Alameda County Board of Supervisors for our donations to the Lend a Hand Foundation.

But we chose to donate to the Lend a Hand Foundation not to receive recognition but because we support their mission. And that mission is to enhance the quality of life of less fortunate youth with a special focus on kids residing in transitional housing facilities and others at a disadvantage. Lend a Hand tries to give these kids the opportunity to experience educational, cultural and other activities not otherwise available to them.

In Alameda County, according to the Lend a Hand Foundation there are over 6,000 students identified as homeless. This includes students living in shelters, transitional housing, hotels/motels, or living doubled up with other friends or families because they lost their housing. The Lend a Hand Foundation’s efforts to help these kids includes a Stay in School Program, Annual Back to School Giveaway providing school supplies to more than 10,000 kids and scholarship funds for graduating high school seniors.

Meet Kazan Law’s 2014 Summer Asbestos Law Clerks

2014 asbestos law clerks

Clockwise from top left–Christina Bazak, Anthony Caruthers II, Yuki Cruse, Luis Landeros, Denise Smith, Tenette Smith

Here at Kazan Law our historic focus on asbestos law sets us apart from many other law firms. But as a law firm, we also share certain basic characteristics with other law firms across the country. One is that we proudly sponsor a robust summer law clerk program.

The Kazan, McClain, Satterley & Greenwood Summer Law Clerk Program offers law students the opportunity to gain experience in a plaintiff’s asbestos law practice.  Our summer clerks are fully integrated into the work and life of the firm, with the goal of giving them a realistic view of the rewards and demands of a plaintiff’s practice. Summer law clerks are afforded the opportunity to work with many of our attorneys in a collegial atmosphere, as we prepare and try mesothelioma cases.  Upon graduation from law school, former summer law clerks are given consideration in our hiring process; many current Kazan law attorneys began their careers with the firm as summer law clerks. The list includes:

As summer law clerks here, law students get the invaluable chance to learn by doing. Instead of listening to law professors, taking notes and reading text books, these young people get to do real world law firm tasks such as:

  • Helping draft parts of motions
  • Attending court hearings
  • Assisting in trial preparation
  • Writing legal memorandum
  • Fact checking legal documents

In keeping with the needs of our community and the population we serve, our summer clerks reflect the diverse spectrum of America today. We consider it a duty and a privilege to help educate these bright young future lawyers about truly balancing the scales of justice in the plight of those unlawfully exposed to asbestos by greedy powerful businesses.

Meet our 2014 summer asbestos law clerks:

Christina Bazak is a third year law student at Loyola Marymount University Law School in Los Angeles. She has previous experience working for a judge and a U.S. Senator.

Anthony Caruthers II is a third year law student at the University Of San Francisco School Of Law who takes time from his studies to mentor, coach and tutor at risk youth.

Yuki Cruse is a third year law student at the University Of San Francisco School Of Law who has experience in drafting memoranda for a judge. She is proficient in Japanese.

Luis Landeros is a third year law student at the University of California, Berkeley, School of Law. He earned his undergraduate degree at Stanford University and is active in outreach efforts to help Latino students.

Denise Smith returns to Kazan Law for a second summer. She is a third year law student at the University of California, Hastings College of Law and volunteers in youth outreach and environmental efforts.

Tenette Smith is a third year law student at the University of San Francisco School of Law. A 2013 Broussard Scholar, she has worked for the Public Defender’s Office in Little Rock, Arkansas and the Superior Court of California, County of San Diego as a court operations clerk. She volunteers for local legal aid groups.

Asbestos Victim Wins a Landmark Case

asbestos victimAsbestos victim Robert Alan Speake was “in frail health and breathing with difficulty,” according to the December 1, 1981 article in the San Francisco Chronicle.   But he stood up for his day in court, a day that marked a major change in the tragic history of asbestos victims and the businesses and individuals who exploited their innocence for financial gain.

As ill as he was on that day, Speake stood up on behalf of not only himself but all asbestos victims. And standing with him there in Contra Costa County Superior Court on that day was me. I would go on to fight on behalf of asbestos victims for the next several decades – a fight I continue to this day. But on that day in 1981, we were breaking new legal ground.

I was helping to represent Speake in his lawsuit against the giant Johns-Manville Corp. family of companies which he blamed for his fatal illness.

Speake , 66 at the time, was an asbestos worker for 33 years at Johns-Manville’s Pittsburg plant. We maintained that the executives knew of the health hazards of working with asbestos as early as the 1930s but hid the information from their employees. Bob said they never told him anything and I believed him.

Speake, who had to take early retirement because of his declining health, was suffering from asbestosis, a disease of the lungs, caused by his work environment. Johns-Manville’s lawyers tried to blame the victim and claimed his illness was caused by smoking.

I didn’t buy that. The article quotes me as saying that Johns-Manville acted in “willful and conscious disregard” by never telling workers of the dangers.

“Bob Speake should have had the opportunity to say, I’m going to get out of here and get a safe job, before his health began to deteriorate,” I told the court.

I showed evidence revealing that the company had kept secret the results of X-rays and exams showing signs of asbestos-caused damage in Speake as early as the 1950s.

I sought not only lost pay for Speake, but also substantial punitive damages to make an example of Johns-Manville so others would be spared the fate that was Bob Speake’s.

We succeeded in making an example of Johns-Manville. Their name came to be synonymous with the scandal of asbestos exposure and callous disregard for human life. They went into bankruptcy several months later, right before our next group of mesothelioma lawsuits for their plant workers was set for trial. But we did not succeed in sparing others from Bob Speake’s fate. Greed never learns its lesson. And so we continue to fight on behalf of asbestos victims.

Landmark Appellate Victory In Favor of Victims of Take Home Asbestos Exposure

take home asbestos exposureIn a landmark victory decision that may offer hope for justice to all victims of take home asbestos exposure, a California court of appeal has ruled that a case of take home asbestos exposure that had been dismissed now can be reinstated and move forward to trial.

Kazan Law is pleased to announce that the court of appeal reversed a lower court’s ruling that would have dismissed a take home asbestos case against Pneumo Abex, a manufacturer of asbestos brakes, brought by Johnny Kesner, who was exposed to asbestos dust brought home from the Abex plant by his uncle, an employee there.  (Kesner v. Pneumo Abex, LLC (May 15, 2014) First Dist., Div. 3, Nos. A136378 and A136416).

Kazan Law of-counsel attorney Ted W. Pelletier joined trial counsel from the firm Weitz & Luxenberg to successfully argue the case before the Court of Appeal.

The appeal court decision is of special significance because it is the first one to limit a previous court decision that prevented the owner of a piece of property from being held liable for harmful take home asbestos exposures that resulted from the work done on the property.

That decision, Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15, was issued in November 2012. It determined that Ford was not responsible for asbestos exposure to family members brought home on the clothes of workers installing asbestos-containing insulation while constructing a new Ford factory on the property. The workers were employed by the contractor hired to build the factory not by Ford itself.

Since then, companies successfully argued that this decision applies to them even though they do not merely own the premises but also actually cause asbestos exposure by manufacturing asbestos products or performing the work that released the asbestos dust.  Many trial courts, lacking further guidance, have applied the Campbell decision to these cases, depriving asbestos exposure victims of the right to pursue their claims against those responsible.

Kazan Law just helped change that. We helped convince the court that Pneumo Abex, who both owned the land and used it to manufacture asbestos-containing brake products, knowingly exposed its employee George Kesner, Johnny Kesner’s uncle, to asbestos dust that he regularly brought home on his clothes.

In a significant step, the appeal court will publish this decision thus making it binding throughout the state. This published decision will provide much-needed guidance to the trial courts in cases involving a defendant who actively created the asbestos exposure hazard that caused injury and who also happened to own the premises where it happened.

American Law Month: Why Democracy Matters For Asbestos Lawsuits

American Law MonthAs a lawyer who brings asbestos lawsuits, I am keenly aware of the rights every American citizen has under the laws of the land and how they protect us. If you have been harmed by asbestos exposure, you can seek justice under the law even if powerful business interests are responsible for causing you that harm.  How is that possible? Because we live in a democracy where every vote matters.

In many countries around the world, laws do not protect workers. Factories explode, machinery lack safety features, toxic fumes poison the air. Workers die and their families have no recourse. But here in the United States, we vote. Although we may not vote directly ourselves on asbestos regulations and other environmental and occupational safety issues, we vote for men and women we know will safeguard our health and well-being in Congress. We vote for those who will defend our interests against business interests that would seek to exploit us.

“American Democracy and the Rule of Law: Why Every Vote Matters” was the theme for this year’s May 1 American Law Day initiative established by the American Bar Association.

One of the key reasons this theme was chosen for this year is because we are approaching the 50th anniversaries of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. These remain phenomenal achievements in legislation because they strengthen the right of every eligible
American to vote regardless of race, religion, ethnicity or gender.

Here in Alameda County, California where Kazan Law has practiced asbestos law since 1974, these legislative anniversaries and the ideals they represent are so highly cherished, that the County Board of Supervisors has declared that May will be celebrated as American Law Month.

I believe their spirit is reflected in this statement from the ABA:

One of our most cherished national ideals, expressed eloquently by Abraham Lincoln, is “government of the people, by the people, for the people.” It is a principle enshrined in our Nation’s founding documents, from the Declaration of Independence’s assurance that governments derive their powers from the consent of the governed, to the opening three words of the Preamble to the U.S. Constitution, “We the People.”

Honoring the 2014 Broussard Scholarship Recipients

Broussard Scholarship

Steven Kazan with Mrs. Broussard and the three Broussard scholars–Andrew Demirchyan, Christine Wenqi Fan and Wenyue Chrisdo Fan.

One of the ways we give back at Kazan Law is by helping bright deserving young people become the lawyers of tomorrow. This week we were pleased to once again see this goal reach fruition when the recipients of the 2014 Broussard Scholarship were honored at the Law Day Student Luncheon as part of the annual Alameda County Superior Court and the Allen E. Broussard Scholarship Foundation co-sponsored Alameda County Superior Court Law Day.

As Chairman of the Board of Directors of the Allen E. Broussard Law School Scholarship Foundation for over a decade, it is an honor 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.

Our firm’s foundation is proud to help support the Broussard Scholarship Fund which was established in 1996, to honor the memory of California Supreme Court Associate Justice Allen E. Broussard, and was incorporated in 1999. The goal of the Scholarship Fund is to continue Justice Broussard’s work to assist law students from underrepresented minority backgrounds pursue a career in the legal profession.

The 2014 Broussard Scholarship Award Recipients

Andrew Demirchyan is starting his second year as a student at the University of California’s Hastings College of the Law in San Francisco. His goal is to support marginalized communities by working in land use and employment law. He comes from a family of Armenian immigrants and put himself through UCLA by working two jobs and graduated magna cum laude.

Christine Wenqi Fan emigrated from China at age 9 not knowing English yet excelled in her American education and graduated from UC Irvine. After graduation, Christine plans on dedicating herself to international legal advocacy, counseling clients both in the U.S. and across international borders. Ms. Fan happens to be the twin sister of our next Broussard Scholar.

Wenyue Chrisdo Fan graduated from UC Davis and worked for the Los Angeles Department of Public Social Services as a liaison to vulnerable families in need of public services. She also moved to the Los Angeles area from China and is dedicated to advocating for underrepresented and economically disadvantaged communities. Both sisters will attend Hastings starting this fall.

Sadly Saying Farewell to Judge Henry Ramsey Jr.

Judge Henry Ramsey Jr.

Judge Henry Ramsey Jr.

As an asbestos attorney with years of experience, I’ve gotten to know a lot of judges. Some good; some great. Recently we lost a great one. Judge Henry Ramsey Jr. He was 80 years old and retired. But he continued to actively work with the nonprofits that meant so much to him – those that helped minority kids from poor backgrounds get on the right track. Because he had once been one of those kids, too.

I went to his memorial service Saturday in Wheeler Auditorium on the University of California’s majestic Berkeley campus. That was fitting because he went to law school at Berkeley’s School o f Law. And now a scholarship is being created there to honor his memory.

Hard to believe that this distinguished jurist was once a poor African American high school dropout, born in the segregated deep South of the 1930s. But Judge Ramsey never forgot. Nor did he forget those that took an interest in him and convinced him he could go to college when he was a young enlisted man in the Air Force. He went to Howard University in Washington D.C. where years later he returned as the Dean of their law school.

But it was in the Air Force where he learned this bit of motivational wisdom he always shared: “When the enemy comes, you are either ready or you are not.” It reminds me of Yoda’s “Do or do not. There is no try.” I continue to pass it along to our young attorneys here at Kazan Law.

I knew of his wonderful reputation when he was first appointed to the bench. When he inherited the job of Presiding Judge, there was a tremendous backlog of asbestos cases. I was the plaintiffs’ liaison counsel for all asbestos cases in Alameda County. They were mostly our cases anyway. He made it a priority to set up a program to bring these cases forward and to deliver justice to victims of asbestos exposure. I worked closely with him to get these cases going.

After he left the bench to become law dean at Howard, we were doing a class action settlement and had formed a class action trust. I nominated him to be one of three trustees. Sometimes we’d have our meetings in his office at Howard.

Every year our firm’s foundation would donate in his honor to some of the excellent local organizations he fostered. We will continue to do so.

He was a distinguished man – a judge, an attorney, a professor, a law school dean and community leader. He was a devoted husband, father and grandfather. A good man. I will miss him.

Landmark Case That Changed Asbestos Law

asbestos law

From San Francisco Chronicle July 4, 1980

Today as an asbestos victim, you can count on being able to sue those responsible.  If you are the survivor of a family member who died because of asbestos exposure, you also can count on being able to file a wrongful death suit.  The pioneering practice of asbestos law at Kazan Law helped make this possible.  We not only practice under existing asbestos litigation rules, we help create those rules.

When I first started my career as a personal injury attorney, asbestos law as we know it today did not exist. To commemorate Kazan Law’s 40th anniversary, we’ll take a look at one of my first cases against the Johns-Manville Company.  It was a landmark victory that changed asbestos law forever.

Reba Rudkin, the plaintiff in the case, had been dead for several months by the time the state Supreme Court made its landmark decision. Mr. Rudkin’s death was attributed to “lung cancer” at the time, caused by on-the-job asbestos exposure which also caused his asbestosis .

Mr. Rudkin had worked for 29 years at a now closed Johns-Manville plant in Pittsburg, CA where industrial products like asbestos cement boards and panels were made.

A San Francisco Chronicle newspaper article, aptly published on July 4 1980, a day after the court decision, notes:

According to Rudkin’s attorney, Steven Kazan, yesterday’s ruling was the first time a California court has permitted a worker to sue his employer for injury since 1917, except for minor cases of physical assault.

Yes, that ruling was a game changer.

In a 5 – 2 decision, the court said the alleged misconduct by Johns-Manville was flagrant enough to provide an exception to a state worker’s compensation law that had prevented workers from suing employers for work related diseases or injuries

Employers were immune then from injury lawsuits under the 1917 Worker’s Compensation Act because it said workers could only seek compensation through the labor department, not through injury lawsuits in the courts.

Using an approach that is now standard, we filed a civil lawsuit against Johns-Manville in 1974 (Rudkin v Johns Manville et al), arguing that the Worker’s Compensation Act should not shield the company and its executives from fraud and conspiracy charges.  With Mr. Rudkin suffering from the lung disease that would soon kill him, we sued Johns-Manville for fraud and conspiracy in inducing him to work in an environment they knew was dangerous.

In a deposition for the case, Johns-Manville’s former plant manager had testified that there was in fact a “hush hush” policy to suppress information about the health hazards of asbestos.

Justice Stanley Mosk, in the majority decision, ruled that a worker or his family could sue “for aggravation of the disease because of the employer’s fraudulent concealment.”

This established an exception to the workers compensation exclusive remedy rule, later codified in Section 3602(b)(2) of the California Labor Code. It also opened a pathway for hundreds of other sick and dying former employees  to seek justice from Johns-Manville and other big companies.

This case also determined that the family of a plaintiff who died during a pending court case had the right to continue the suit. This also was a very important ruling that has helped many families achieve justice and compensation from companies responsible for the death of their loved one.

Appeals Court Upholds $5 Million Verdict for Malignant Mesothelioma Patient

malignant mesothelioma

James Hellam

Our mesothelioma law firm is pleased to announce that a California court of appeals has upheld a $5,437,882 verdict for malignant mesothelioma patient James Hellam against industrial-products supplier Crane Co. (Hellam v. Crane Co., Nos. A138013 and A139141, 2014 WL 1492725 Cal. Ct. App., 1st Dist. Apr. 16, 2014).

Kazan Law partners Frank Fernandez and Dianna Lyons, now retired, won the original verdict last March for Hellam, a 66 year-old motivational speaker and former police officer. Kazan Law attorneys Ted Pelletier and Ian Rivamonte led the successful appeal. The appellate court held that evidence supported the finding that Crane’s gaskets and cement were defectively designed because they emitted and exposed Hellam to significant levels of toxic asbestos fibers during ordinary use. The court agreed that the jury rightly attributed Crane’s products being the cause of Hellam’s malignant mesothelioma.

The appeals court affirmed the trial court’s award of over $85,000 in litigation costs to Hellam and the following compensation for damages:

  • Economic damages = $937, 882.56
  • Non-economic damages = $4,500,000.00
  • Total = $5,437.882.56

A Hall of Fame softball player, Hellam had taken great pride in coaching his two sons on the ball field and was greatly looking forward to teaching his young grandsons how to play his beloved sport. Hellam had also anticipated continuing his career as a global motivational speaker for at least another decade and continuing to travel the world with his wife.

Now instead of doing the things he loved with the people he loved and enriching the world around him, James Hellam is struggling to withstand the ravages of malignant mesothelioma.

Although he had spent 13 years as a San Jose police officer before becoming a motivational speaker and leadership trainer, the seeds of Hellam’s malignant mesothelioma were sown longer ago in his past. For five consecutive summers as a kid, he worked for his grandfather’s boiler business in Monterey.

Neither Hellam nor his grandfather were warned that the products purchased from Crane’s “Crane Supply” wholesale outlet in Salinas, California for the process of refurbishing boilers contained asbestos and were a health hazard. Yet our firm presented evidence showing that Crane corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill.

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