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

Posts by: Fran Schreiberg

The UC Hastings Center for Gender & Refugee Studies: A Matter of Life or Death

UC Hastings The UC Hastings College of Law – Center for Gender & Refugee Studies is one of several outstanding legal aid centers Kazan Law’s Foundation supports. We have supported the UC Hastings College of Law – Center for Gender & Refugee Studies for many years and are proud to do so.

Our firm’s foundation also supports multiple major research efforts dedicated to finding better ways to treat mesothelioma, the lethal cancer caused by asbestos exposure. However we also take seriously our social responsibility role both in our community here in Oakland and in the world around us. We are proud of our decision to support compelling causes such as the UC Hastings College of Law – Center for Gender & Refugee Studies.

How the UC Hastings College of Law – Center for Gender & Refugee Studies Saves Lives

Human trafficking, forced marriage, female genital cutting, honor killing, domestic violence, child abuse, incest, and rape. These are the unfortunate realties facing many women, children and other refugees in the world today who are desperately trying to escape gender-based violence and other forms of mistreatment and exploitation.

Like women and children, LGBT individuals are also subject to high rates of violence in refugee-producing countries. Nearly 80 countries around the world have laws criminalizing homosexuality, often with harsh punishments of prison and death.

The UC Hastings College of Law – Center for Gender & Refugee Studies advocates for refugees seeking asylum based on gender-based persecution and seeks asylum for those trying to escape it. At the same time, the Center works internationally to try to stop the epidemic of gender-based violence that forces people to literally run for their lives and face an unknown and uncertain future elsewhere.

“The UC Hastings College of Law – Center for Gender & Refugee Studies envisions a world where no one is subject to persecution because of his or her gender, age, sexual orientation, gender identity, or membership in a family or other social group,” their mission states. We are proud to help support this mission.

What the UC Hastings College of Law – Center for Gender & Refugee Studies Does

The UC Hastings College of Law – Center for Gender & Refugee Studies has utilized the funding they receive from our firm’s Foundation and other sources to help some of the most vulnerable and needy human beings on the planet.  Since 1999, this small organization has done ground-breaking work on behalf of refugees – primarily women and children — seeking asylum in the US.  The UC Hastings College of Law – Center for Gender & Refugee Studies provides training, technical assistance, and oversees litigation involving asylum cases based on domestic violence, human trafficking, the gender-based killing and mutilation of girls and other gender-based violence.

In addition to providing legal expertise and training, the UC Hastings College of Law – Center for Gender & Refugee Studies provides research, helps with court appeals and advocates for international human rights to address the root causes of persecution.

An Update from UC Hastings College of Law – Center for Gender & Refugee Studies

Recently, Kazan Law of Counsel Fran Schreiberg had the opportunity to hear about the UC Hastings College of Law Center for Gender & Refugee Studies. She attended an event that provided an update of their recent work. Here is what Fran reported to us:

Karen Musalo, founding director of the UC Hastings College of Law – Center for Gender & Refugee Studies and professor at UC Hastings, led the program.  She presented a video of an early interview by Ted Koeppel with a then-17 year old girl who fled Togo after a forced marriage to a man three times her age. The girl escaped with the help of her mother and sister to avoid female circumcision. Her case resulted in a precedent-setting decision from the Board of Immigration Appeals, the nation’s highest immigration tribunal. It established that women fleeing female genital cutting, and by extension gender-based persecution more generally, may be eligible for asylum in the United States. Musalo was the lead attorney on the case and the case was the catalyst for her founding of the Center for Gender& Refugee Studies at Hastings, a University of California law school in San Francisco.

She also showed an excerpt from a video that focused on the recent asylum case of a Guatemalan woman who fled extreme domestic abuse. After 15 years of remaining silent on the issue, on August 26, 2014, the Board of Immigration Appeals issued a precedential decision recognizing domestic violence as a basis for asylum, with the potential to affect immigrant women across the country. The Center for Gender & Refugee Studies assisted the attorney in this case with briefing and strategy and filed a friend of the court brief in support of the client. Now, for the first time there is a binding precedent to support domestic violence survivors who seek asylum protection in the United States.

The program continued with two young women who help staff the Center for Gender & Refugee Studies who discussed their inspiring work helping children who seek asylum to escape violence from gangs, their families, forced recruitment as child soldiers and other violations of their human rights. The Center for Gender & Refugee Studies staffers traveled to detention centers around the country to train and provide technical assistance to volunteer attorneys who come for a week to help defend these children at their hearings. The attorneys help the children by educating the hearing officers about the greater communication challenges for children and about forms and manifestations of persecution unique to children

It was very meaningful for us to learn about the significant work that has resulted in part from the Kazan Law Partners’ Foundation donations to the UC Hastings – Center for Gender & Refugee Studies.

 

 

 

Asbestos Legislation AB 597 Will Trample Victims’ Rights

asbestos legislation Asbestos legislation now proposed in the California threatens to crush the rights of all mesothelioma patients as well as the rights of other victims of asbestos exposure and their families. This is a very urgent matter: the first vote on Assembly Bill 597 (AB 597) is set for April 28 in the California Assembly Judiciary Committee. We at Kazan Law vehemently oppose this new asbestos legislation and urge you to help us defeat it. Please see how in the information below.

Asbestos Legislation’s Sponsor and Backers

This cruel and harmful asbestos legislative proposal was introduced by Assembly Member Ken Cooley (D- Rancho Cordova). But its real backers are groups that defend corporations. AB 597 is based on model legislation promoted nationwide by the American Legislative Exchange Council (ALEC). ALEC is the corporate-funded organization of conservative state legislators and private sector representatives that promotes limits on government with no regard to the fallout for workers or the environment. ALEC focuses on stripping consumers and workers of their rights in order to maximize profits for corporate members. It is funded by the Koch brothers, who own Georgia-Pacific, a major asbestos defendant.

AB 597, among other things, can eliminate the right of asbestos victims to a fair and speedy trial

AB 597 forces asbestos victims to jump through expensive and time-consuming legal hoops before bringing their case to trial. Delay is the point of this bill – delay which assures that those most ill will die before their case reaches judgment. Mesothelioma, for which the only known cause is asbestos exposure, is a fatal illness. Although it lies dormant for decades after the initial asbestos exposure, once it has progressed enough to be accurately diagnosed the sufferer typically has about a year left to live.

Why Justice Delayed Is Justice Denied For Asbestos Victims

For most victims who are dying from mesothelioma, justice delayed is justice denied. In California, unlike many other jurisdictions, if the person bringing a lawsuit for injuries dies before the case is complete, there is no financial award for the pain and suffering the victim endured. The victim’s family will receive far less in compensation. The corporate perpetrators who caused the victim’s agonizing death are shielded from full accountability and significantly benefit financially from the delays AB 597 creates.

Because mesothelioma victims die soon after diagnosis, they are often eligible for a speedy civil trial under current California law. But their right to a speedy trial will mean nothing if the victim is unable to prepare for trial or if the right to that speedy trial is removed by defendants because of new AB 597 requirements.

How Asbestos Legislation Harms Sick and Dying Asbestos Victims

The lethal hazards of asbestos have been well established since the 1930s. When workers, veterans and others are sick and dying from illnesses caused by asbestos exposure, they can sue in state court the product manufacturers, premises owners, and others who knew about the dangers of asbestos but failed to warn them or provide them with protection from this deadly toxin.

Many companies, in order to shield their assets from lawsuits filed by poisoned workers and their families, set up asbestos trust funds through the bankruptcy court system. Those trusts pay these workers a much smaller amount – pennies on the dollar — than they would have received if a jury decided the case.

The proposed California asbestos legislation forces asbestos victims to investigate and provide to the wrongdoers all information regarding claims for every possible trust – and there are over 60 of them – before the victims can proceed with their case. The actual victims will be required by AB 597 to submit statements under penalty of perjury verifying that they have looked into each asbestos trust for a potential claim. This will delay the trial because of the work involved searching for information – information the defendants already have! And should the victim miss just one of the potential trusts, the wrongdoers can seek delay of any trial date. And that means death before a court judgment can be reached.

How You Can Help Us Stop AB 597

At Kazan Law we are doing everything we can to defeat this new asbestos legislation that would be so detrimental to asbestos victims. But we need your help. Time is of the essence. This bill will be heard for the first time on April 28 and we want to stop it now by encouraging the author to drop the bill.

Please take a moment and write to State Assembly Member Cooley. There are three forms of letters you may find useful. Choose the one that reflects whether you are writing as an individual, a U.S. Armed Services veteran, or on behalf of an organization (the letter from organizations is pre-addressed to the Chair of the Assembly Judiciary Committee and if you send it there, your organization will be listed among the many others opposed to AB 597). All are available on our website. Simply click the link.

 

individual model letter

veteran model letter

organizational model letter

 

Asbestos Legislation Opposed By Many Organizations

The California Labor Federation, AFL-CIO; the State Building & Construction Trades Council of California; California Professional Firefighters and the Sacramento Central Labor Council are just some of the groups who are on record as officially opposed to this asbestos legislation. A list is available on our website here. Check back for updates.

Please join these important groups and all of us at Kazan Law in trying to defeat this bill that further hurts asbestos victims who already have been irrevocably hurt, and that further rewards big corporations who are getting away with murder.

Get a Free Case Evaluation

Search Our Site

Kazan, McClain, Satterley & Greenwood

55 Harrison St. Suite 400
Oakland, CA 94607
888-990-7008

Mesothelioma Lawyers

© 2024 Kazan, McClain, Satterley & Greenwood.
A Professional Law Corporation.