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

Kazan Law

Kazan Law’s $27 Million Mesothelioma Verdict Makes National Law Journal’s Top 100 Verdicts for 2013

mesothelioma verdictHere at our asbestos law firm, when we are working with a client who is suffering from malignant mesothelioma due to unlawful asbestos exposure, that client is our focus.  Because of the terrible wrong done to them and their family, their time is limited. Their life has been cut short and we take it upon ourselves to work to the utmost of our ability to seek justice for them.  We do this work because we believe it needs to be done; not to pat ourselves on the back.  That is the furthest thing from our minds when we are working on behalf of someone losing their life to malignant mesothelioma.

So it is always gratifying to us at Kazan Law when the work we do on behalf of our clients is acknowledged by our peers.

I am proud to announce that our June 5, 2013 mesothelioma verdict which completed the award to plaintiffs Rose-Marie and Martin Grigg for a total of $27,342,500 in damages for Mrs. Grigg’s asbestos-caused malignant mesothelioma made The National Law Journal’s  elite list of Top 100 Verdicts for 2013. The mesothelioma verdict placed 74 out of 100 nationally and 12th out of 100 nationwide among personal injury/products liability cases brought on behalf of an individual.

The National Law Journal is a periodical that reports legal information of national importance to attorneys, including federal circuit court decisions, major verdicts and coverage of legislative issues and legal news. Its annual Top 100 Verdicts issue catalogs the top accomplishments of the plaintiff’s lawyers in the U.S.

Mrs. Grigg, 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 our attorneys Joseph D. Satterley, Andrea Huston, Ryan Harris and Michael Stewart.

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.

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.

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

Kazan Law Proud to Continue Support for Philip A. Harley Memorial Mock Trial Competition

Moreau_team_50Here at Kazan Law our top priority is seeking justice for our clients who are asbestos exposure victims. A big part of doing that is taking a big picture approach that encompasses the past, the present, and the future.

We fight hard for our clients in the present but we hope there will be no victims of asbestos exposure in the future. In fact we hope for a future with fewer victims of any kind of crime and a better understanding of the laws that help us all create a more civil and equitable society.

Philip A. HarleyTo help forge that kind of future, our firm funds a very important educational activity in our local high schools called a “mock trial competition.” And in doing this we honor our firm’s past by dedicating the competition to the memory of our dear friend and partner Philip A. Harley. (1947-2009).

During his career, Phil was a dedicated attorney for victims of asbestos exposure and other catastrophic, toxic -related diseases and injuries. He believed his knowledge and skills were best used to assist those who have been the most severely impacted by corporate misconduct.  He always made a point of supporting consumer advocacy programs including trial-related education programs.

We are proud that the Alameda County Philip A.Harley Memorial Mock Trial Competition has become an annual testament to Phil’s legacy of justice and advocacy. The competition is a countywide high school criminal trial program designed to increase understanding of our judicial system and the processes necessary to create a just society. Student teams of ten to twenty students study a hypothetical case, conduct legal research, and receive individual coaching by volunteer attorneys in trial preparation, courtroom protocol, courtroom procedure, analytical skills, and communication skills.

Congratulations to American High School for taking first place at the Alameda County Philip A. Harley Memorial Mock Trial final competition. We are pleased to continue supporting this event in Phil’s honor.

FAIR Act Would Have Been Unfair to Asbestos Victims

12_27_05_Daily_JournalAs we celebrate Kazan Law’s 40th anniversary with “Throwback Thursday” posts about the firm’s history, I recall a time not too long ago when the firm almost ceased to exist.  Powerful corporate interests fueled a push for federal legislation that would have made all asbestos law firms extinct.  And Kazan Law, one of the best asbestos law firms in the US, would no longer have been able to advocate for mesothelioma patients and other asbestos victims whose lives have been devastated by being exposed to asbestos.

The 2005 legislation was cleverly named “The FAIR Act” – The Fairness in Asbestos Injury Resolution Act – but it would have been profoundly unfair to those asbestos victims with a claim to bring against a company who had knowingly caused them to be exposed to asbestos.

The FAIR Act, if it had been enacted into law, would have prohibited injured asbestos victims from bringing asbestos claims against individual defendants.  They would have had to file asbestos claims with an Orwellian-sounding Office of Asbestos Disease Compensation. This Office would have administered a fund called the Asbestos Injury Claims Resolution Fund. A panel would have determined each victim’s compensation amount, if any. Victims who developed fatal asbestos related cancers such as mesothelioma, asbestosis, or lung cancer would have been limited to $1 million in compensation.  Totally inadequate.

Companies guilty of grave misdeeds and crimes against innocent people would have gotten off with a pittance.  And I, my partners and my entire staff would have been out of a job.

“I have threatened one of my partners that his new full-time job will be to teach me how to play golf,” I told a reporter for the San Francisco Daily Journal, a local legal newspaper, for an article about the proposed legislation at the time.  “I will probably retire.”

That was almost a decade ago.   The FAIR Act was an unfair bad idea and it was justifiably defeated. It never became law.  Kazan Law has gone on to win multi-million dollar verdicts for our clients, several in this past year. We remain engaged and impassioned about seeking justice for asbestos victims.  And I still haven’t needed to learn to play golf.

Read the December 27, 2005 article from the Daily Journal.

Some Things Still Ring True After Four Decades of Asbestos Litigation

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

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

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

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

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

Factors Kazan uses in evaluating potential cases include:

  • the degree of disability

  • the evidence of asbestos exposure

  • potential monetary damages

Also still true.

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

Still good advice.

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

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

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

Kazan Law Celebrates 40 Years of Fighting for Mesothelioma Victims

Kazan Law

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

 

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

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

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

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

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

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

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

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

I am proud that Kazan Law has remained at the forefront of asbestos litigation in California and nationally.  Since 1974, we have represented thousands of people – those suffering from mesothelioma and their families.  We treasure our reputation as pioneers in asbestos litigation who are among the most experienced mesothelioma lawyers in the United States.

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

International Group Calls for Total Ban of Asbestos to End Asbestos-Related Deaths

asbestos-related deathsAsbestos-related deaths are preventable. That is part of why asbestos-related deaths are especially tragic and inspire the work we do at Kazan Law as asbestos attorneys. But asbestos-related deaths continue to occur because uncaring people place profits before human lives.  My unrelenting concern about this inspired my sister Laurie Kazan-Allen to also become involved in the fight against asbestos in Europe where she lives. I am proud of the fact that she heads the International Ban Asbestos Secretariat (IBAS).

Just recently she told me about a high level international asbestos conference in Finland. The International Conference on Monitoring and Surveillance of Asbestos-Related Diseases gave rise to a new call on the part of the global health leaders in attendance to end asbestos-related deaths. To achieve this they acknowledged the need for a complete global asbestos ban. They put their unanimous agreement into a formal document called The Helsinki Declaration.

Speaking on behalf of the Finnish Institute of Occupational Health, as reported by IBAS, the conference organizer, Dr. Panu Oksa said, “There is no safe use of asbestos.” Dr. Ken Takahashi, from Japan’s University of Occupational and Environmental Health, stated, “Asbestos-related deaths are preventable by banning the use of asbestos, as WHO recommends.” An increase in asbestos-related deaths is being observed in developing countries where knowledge is lacking about the hazards of exposure.

The conference consensus report Asbestos, Asbestosis and Cancer: Helsinki Criteria for Diagnosis and Attribution 2014 includes these facts:

  • 2 million tons of asbestos per year is exported for use in products such as cement and insulation
  • 125 million workers are exposed to asbestos every year
  • Asbestos even at low doses is a known human carcinogen
  • There are 107,000 asbestos-related deaths worldwide every year
  • 55 countries have banned the use of new asbestos
  • The financial impact of asbestos use is negative for companies and economies when health costs are considered
  • Asbestos in existing buildings in countries that have banned asbestos and the continued use of asbestos in countries that haven’t banned asbestos, means that asbestos-related deaths and illness will continue into the second half of the 21st century

It is significant that independent world experts and authorities have again reviewed all available evidence and concluded all types of asbestos are deadly, prevention of exposures is crucial, and the world needs a total ban on continued use, mining, manufacture, export/import and sale of raw asbestos and products made with it. Only the asbestos mining industry, concentrated in Russia and its paid supporters disagree.

Successful Kazan Law Asbestos Wrongful Death Case Highlighted in Prestigious VerdictSearch

asbestos wrongful death

Emily and Gordon Bankhead

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

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

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

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

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

Kazan Law First to Support Upcoming iMig 2014 Conference for Mesothelioma Research

iMig 2014 Cape TownMesothelioma research, like all scientific research, does not happen without funds. Although funds for mesothelioma research come from government agencies, universities and hospitals, it is no secret that money from private sources helps get the ball rolling either through funding the grant application process, additional staff positions, purchasing state-of-the-art equipment or helping to support conferences where researchers from all over the world can sit together and really discuss ideas.

That’s why our firm Kazan, McClain, Satterley & Greenwood, A Professional Corporation is proud to be the first law firm to step up and provide substantial financial support for the upcoming 12th biannual International Conference of the International Mesothelioma Interest Group. (iMig)

We are pleased to continue to sponsor the International Mesothelioma Interest Group (iMig 2014) when it convenes in Capetown, South Africa this October, just as we did in Boston in 2012, Kyoto in 2010, Amsterdam in 2008 and Chicago in 2006.

Recently, our support for iMig has grown beyond our role as a sponsor. We were honored that four abstracts from Kazan Law were chosen for poster presentation at iMig’s 2012 Boston conference.  Ours were the only papers out of hundreds submitted for presentation that were submitted by attorneys.  The information we presented was based on 20 years of experience with asbestos trust funds and 40 years representing asbestos victims. As we focus on the fight for justice for each of our clients, the entirety of our discoveries in this process brings to light implications which we believe are of benefit to the greater good of all mesothelioma cases. It was a privilege to share them.  You can see a three-minute video of me explaining their significance here.

iMig is comprised of independent international scientists and clinicians with the mission of working to understand, cure and prevent mesothelioma.  The iMig conference is one of the most important meetings where scientific information on finding greater treatment solutions for mesothelioma is presented and discussed. Because we want to see an end to the suffering caused by mesothelioma, our firm has been a generous supporter for years. Our commitment to this cause and this conference is unwavering. We give substantially and we give early.

Why Choosing an Asbestos Attorney is the Most Important Financial Decision You’ll Ever Make

asbestos attorneyLast summer I received an honor from Kazan Law client Debbie Clemmons, who lost her beloved husband Randy Clemmons to mesothelioma. She honored me by asking me to write a chapter for her new book about her family’s experience with mesothelioma, “In His Grace, Grappling with Mesothelioma: The Randy Brady Story”, available on Amazon . And she kindly credits me as a co-author.  Now I am going to honor Debbie and Randy Clemmons by sharing with you the information she prompted me to write.

Selecting an asbestos attorney to represent you and your family is the most important financial decision you will ever make.

It is a more important decision than even buying a home.  Your home could potentially yield you a couple of hundred thousand dollars in return on investment if property values skyrocket in your neighborhood.  But an asbestos case properly handled by a top quality asbestos attorney from a reputable firm that specializes in asbestos can be worth millions to you and your family.

Money cannot replace a person.  But money can prevent additional unnecessary suffering on the part of the family by paying the bills. It also helps give you and your family a sense of justice.  A great harm was done to you and a good asbestos attorney can make sure that those responsible are held accountable, and that the family’s financial security is guaranteed.

Your medical care expenses and the loss of earnings can be compensated with substantial settlements if you choose your asbestos attorney carefully.  But what’s more, you could potentially – as many of my firm’s clients choose to do – set aside a portion of the money you receive for mesothelioma medical research, and we will be honored to contribute to that effort through our firm’s charitable foundation.

You could support a charitable trust to help fund medical research seeking to find a cure and better treatment for mesothelioma.  You could help create a future where possibly no one will suffer from the debilitating effects and losses of this disease.  This would be money that would never go towards this important cause unless someone like you puts it there.  And this would only be possible if you work with an asbestos attorney who is experienced and willing to fight for you every inch of the way, not just take the easy way out and settle for a minimal amount.

Again, this is the most crucial financial decision you will ever make in your life. Getting it wrong could harm your chance of providing your family with financial security for after you’re gone.

Outraged Scientists Protest Asbestos Industry Influence

asbestos industryHere at Kazan Law, we obtain justice for our clients who have been exposed to asbestos and have developed mesothelioma. Just last week we again were able to win a big verdict for clients against a big corporation called Pneumo Abex. We win against the asbestos industry because we are good at what we do and have decades of experience. But we are able to successfully argue our case and obtain justice because there are law recognizes the dangers that occur when corporation  knowingly expose people to asbestos. These legal rules are made based on scrupulous and thorough scientific research proving the link between asbestos exposure and the development of malignant mesothelioma and asbestosis.

But what if the asbestos industry was able to bribe scientists to publish research falsely claiming that asbestos did not cause harm?  And what if these false research articles denying the harmful effects of asbestos for corporate profit became the basis for weakening the laws against asbestos exposure and blocking criminal convictions against corporate offenders?  What if the asbestos industry could call the shots?

This is what seems to be what is happening in Europe.  You may think, oh Europe, that’s not the U.S. so who cares?  But we need to be vigilant and watch very carefully what happens there.  Because today more than ever, corporations are multinational entities.  So are scientific journals. Influential medical research articles published in Europe or other countries can become the basis for changes in medical issues here.

So it is with keen interest we note a letter of outraged protest against the asbestos industry from over 130 scientists, health advocates and organizations to the European Cancer Prevention Organization.  The letter charges that there are serious scientific and ethical improprieties in an article on asbestos published by the organization’s official scientific journal, the European Journal of Cancer Prevention .

The letter calls for the termination of Dr. Carlo La Vecchia as an associate editor of the journal and a member of the organization’s International Advisory Board. Dr. La Vecchia co-authored the article in question with Dr. Paolo Boffetta.  Both men co-own a consulting company that provides services for asbestos companies trying to beat criminal charges for causing the deaths of their employees from mesothelioma.

We are dismayed that pseudo-scientific stooges for asbestos interests have been able to get this far and hope for all of our sakes that this courageous letter is heeded.

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