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

Posts by: Steven Kazan

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.

Kazan Law Referenced In Asbestos Research Article

Kazan LawAs experienced asbestos lawyers, Kazan Law wins cases for our clients not only because we intricately know the laws involving asbestos litigation, but because we also know and understand the science of asbestos exposure. We know both the legal and scientific history that connects asbestos exposure to the development of fatal lung diseases – primarily malignant mesothelioma. This informed background gives us the working knowledge good asbestos lawyers should have to fully represent their clients’ interest.

But sometimes, we happily discover that our knowledgeable careful asbestos litigation work has, in addition to helping our clients, also helped advance scientific knowledge in the understanding of asbestos. Talk about a win-win!

So we are very proud to report that a new scientific article published in the International Journal of Occupational and Environmental Health references Kazan Law and work we did on one of our asbestos cases. The article is aptly titled, “Dust diseases and the legacy of corporate manipulation of science and law” – a topic we certainly know more than a little about.

The objective of this article researched and written by Dr. David Egilman of Brown University and colleagues is, in their own words:

  • To understand the ongoing corporate influence on the science and politics of asbestos and silica exposure, including litigation defense strategies related to historical manipulation of science.

For their exploration of this topic, they examined previously secret corporate documents, depositions and trial testimony produced in litigation – that’s where we come in; as well as published literature. They cited an admission we obtained from a corporate witness to prove that a supposedly scientific article was paid for even though the author denied it.

The results of this investigative study, quoted below, came as no surprise to experienced asbestos attorneys like us:

  • Our analysis indicates that companies that used and produced asbestos have continued and intensified their efforts to alter the asbestos-cancer literature and utilize dust-exposure standards to avoid liability and regulation.

The researchers discuss how this is an ongoing problem; not an artifact of the twentieth century. And they note how manipulating data and regulations allows asbestos companies to continue to mine and sell asbestos in developing countries. Clearly, these companies are taking unscrupulous advantage of the poverty, lack of education and weaker regulations in these nations.

These are situations that are constantly monitored by people like Kathleen Ruff in Canada and Laurie Kazan-Allen, my sister, in England. We frequently report on their findings here in this blog.

We are proud to be part of both this current academic article and the bigger picture of seeking justice for those exposed to asbestos due to corporate malfeasance.

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.

Asbestos Attorneys Note April 28 Workers Memorial Day

Workers Memorial Day

Photo credit: AFL-CIO

As asbestos attorneys we take great pride in what we do and rejoice in the multi-million dollar awards we win for our clients. But we never lose sight of the fact that behind every win there is also a loss. That loss is the impending loss of life for each client struggling with malignant mesothelioma. Although we are excellent asbestos attorneys and the doctors who treat malignant mesothelioma are excellent doctors, there is yet no cure.

Today as we observe Workers Memorial Day with millions of others all over the world, we recall the brave wonderful people we have represented. The AFL-CIO slogan for this year’s Workers Memorial Day – Mourn the Dead, Fight for the Living – resonates profoundly for each of us at Kazan Law. Because that is what we do every day.

This year between 2,500 and 3,000 US citizens will be diagnosed with mesothelioma. According to the Centers for Disease Control and Prevention, mesothelioma is 100% attributable to exposure to asbestos. In almost every instance the asbestos exposure happened because of the work they or someone in their family did. (Secondary asbestos exposure occurs when the person working with asbestos unknowingly brings the lethal microscopic fibers into the home on their clothes).

High-risk work groups for exposure to asbestos include: shipyard workers, oil refinery workers, manufacturing workers, plumbers, electricians, auto mechanics, machinists, or construction workers. Typically the exposure to asbestos occurred in the 1950s, 1960s, 1970s, or 1980s. The damage to the lungs, typically as malignant mesothelioma takes decades to emerge. But when it does, it is irreversible.

Four decades ago, Congress passed the Occupational Safety and Health Act, promising every worker the right to a safe job.  Unions have fought to make that promise a reality—winning protections that have made jobs safer, saved lives and prevented millions of workplace injuries and illnesses. Businesses falsely claim that these regulations and protections kill jobs. The fact is these regulations and protections keep jobs and employers from killing workers. But there is still more to be done – especially on a global scale.

According to the International Labour Organisation (ILO), across the world:

  • Each year, more than two million men and women die as a result of work-related accidents and diseases
  • Workers suffer approximately 270 million accidents each year, and fall victim to some 160 million incidents of -related illnesses
  • Hazardous substances kill 440,000 workers annually – asbestos claims 100,000 lives
  • One worker dies every 15 seconds worldwide. 6,000 workers die every day. More people die at work than fighting wars.

To find a Workers’ Memorial Day event near you, check here.

Protecting Yourself From On-the-Job Asbestos Exposure

asbestos exposureNot that long ago, the only thing protecting workers from asbestos exposure was the conscience of their employer. But since 1970, things have changed for the better. At least on paper.

The Occupational Safety and Health Administration (OSHA) is responsible for administering and enforcing the federal OSH Act of 1970. OSHA regulations set out uniform national standards for workplace safety and health practices throughout the country. There are standards for hazard assessments, employee safety and health and other employee rights.

OSHA standards are rules that describe steps that employers must take to protect their employees from hazards like asbestos exposure. There are OSHA standards for construction work, agriculture, maritime operations, and general industry standards which apply to most worksites. These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safe practices and equipment, and require employers to monitor hazards.

It’s an employer’s duty to train employees about the hazards of asbestos and the need for safeguards. OSHA also requires that employers monitor asbestos exposure, provide respiratory protection, and alert workers to its hazards.

Because asbestos fibers can be released into the air during activities that disturb asbestos-containing materials and because asbestos exposure can cause mesothelioma and other lung diseases, there are strict compliance standards regulating asbestos.

The permissible exposure limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air (f/cc) as an eight-hour, time-weighted average (TWA). Employee exposure is also limited to no more than 1 f/cc averaged over 30 minutes.

Detailed asbestos compliance standards for general industry can be found on OSHA’s website regarding activities such as brake and clutch repair, custodial work, and the manufacture of asbestos-containing products. They also cover construction, renovation, and demolition of structures containing asbestos.

If you are being exposed to asbestos at your worksite, you can file a complaint online; download the form and mail or fax it to the nearest OSHA office; or call 1-800-321-OSHA (6742). Written complaints signed by a worker or their representative and submitted to a local OSHA office are more likely to result in an on-site OSHA inspection.

You have the right to tell OSHA not to let your employer know who filed the complaint. It is illegal for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.

If you think you are being subjected to asbestos exposure, contact OSHA. If you develop mesothelioma, Kazan Law is here for you. But we would prefer that you never need our services. Be well.

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.

Talking With Dianna Lyons, A Fearless Ally in Asbestos Litigation

Dianna Lyons

Dianna Lyons

Here at Kazan Law, one of the top asbestos litigation law firms in the nation, all of our attorneys excel at advocating for victims of asbestos exposure and their families. But in the 40 years that we have been practicing asbestos litigation, one of the best attorneys I’ve had working here was Dianna Lyons.

So for today’s Throwback Thursday post commemorating Kazan Law’s 40th Anniversary, I spoke with Dianna, who retired from Kazan Law in December.

Unlike most attorneys, Dianna Lyons came from a family of California migrant farm workers. This background gave her a powerful connection to our clients.  To all of us who work so vigorously to get justice for asbestos victims, our clients become almost like family. That was certainly true for Dianna, and that gave her an intensity and focus we all admired.

“Every client I ever represented for Kazan Law was a salt-of-the-earth type of person. Working long hours on their cases in a race with the Grim Reaper, I’d get to know them all really well.  And I’d realize that had we met under different circumstances, we would have been friends.  I’d look at them and think this guy went to work to make a living, not to die, and not to kill his wife or his kids.  People who made and sold the asbestos materials knew of the dangers of asbestos exposure and just gambled with someone else’s life,” reflects Dianna.

When Dianna joined us in 1992, she had been working for the United Farm Workers, the grassroots organization started by Dolores Huerta and Cesar Chavez to help protect the safety and basic rights of farm workers.  She had been with the UFW since its founding in 1966 during the era of the famous grape boycott.

Dianna had worked her way through Modesto Junior College and Cal State Stanislaus milking 150 cows twice a day. She told me she switched to working nights for an insurance company to put herself through law school at UC Davis.

“It paid less but I didn’t get kicked,” she quipped.

During her 22 years here, Dianna Lyons started our appellate and motion department. She also never let being a woman in a male-dominated field get in her way.

“In my family, what mattered was how fast you were at picking fruit in the fields. Not whether you were a male or female. So I never had a mindset with gender boundaries.”

Dianna said that one major difference from when she started at Kazan Law happened when the companies that made the most obvious sources of asbestos exposure such as pipe covering and block insulation began to shield themselves from asbestos litigation by declaring bankruptcy.  Asbestos litigation work became more challenging because we had to find the less obvious asbestos exposures from such products as gaskets, valve packing and vehicle brakes that contributed to causing our client’s usually terminal disease.

“We couldn’t sue the pipe covering manufacturer because they’d gone bankrupt, so we had to go after the companies that made the gaskets, packing, brakes and other construction materials,” she recalled.

“In a case that Frank Fernandez and I tried about 14 years ago, the client had worked for Johns-Manville. They went bankrupt and sold the plant. Our client made plastic pipe but to get to his job, he had to walk through the part of the plant where they made asbestos cement pipe.  That is where the asbestos exposure came from. We got a $20 million verdict,” she said.

“One thing that always remained the same is the dedication and zeal at our firm. I liked that we always did quality work.  Sure, it involved a lot of 16 hour days seven days a week.  But there was never a dull moment. There is something about knowing you are doing a righteous job for a really good human being that gives you energy,” Dianna said.

General Motors, Source of Thousands of Asbestos Claims, In the Hot Seat Again

asbestos claimsGeneral Motors, a company responsible for many asbestos claims, is in the news again. And unfortunately, once again it is bad news. This time the issue is about a faulty ignition switch that has caused car crashes and deaths and the matter has become one for Congressional hearings.

But only several years ago, it was asbestos claims that were putting GM on the hot seat. This once successful American car company had been named in thousands of asbestos injury lawsuits because it produced and bought parts for its cars that contained asbestos.

The majority of asbestos claims filed against GM stemmed from of asbestos-containing brake linings and clutch facings. People who worked as auto mechanics developed mesothelioma because they had been exposed to asbestos while grinding, repairing and removing friction products such as brakes and clutches.

Thousands of people developed asbestos-related illnesses as a result of GM. By 2009, the company was liable for an estimated $636 million in asbestos claims, and the already struggling automaker filed for bankruptcy in 2009.

Following the bankruptcy reorganization in 2009, GM’s debts were transferred to Motors Liquidation Company. This included all present and future asbestos liability claims. The Motors Liquidation Company Asbestos PI Trust officially opened on April 30, 2012 to settle any present and future asbestos lawsuits paying only pennies on the dollar.

GM’s new CEO Mary Barra emphasized in her Congressional testimony that the “new GM” is not the “old GM”. But in a statement seized upon by the media, she conceded that the new GM has a “civic and moral responsibility” towards those harmed, even if it shed some legal responsibility in the bankruptcy.

Does this extend to their asbestos victims? It should. Why is a flawed switch different from a flawed brake? The end result of both is death and bereaved families.

GM escaped all liability for asbestos claims for its older cars and prior acts in the bankruptcy though it did keep a bit of liability for ‘normal’ car defects that could cause accidents. Kudos to the new CEO for recognizing the company’s moral responsibilities. We hope that extends to those who serviced GM cars for decades and died of mesothelioma or brought mesothelioma home to their wives and kids who got sick and died.

We hope she meant what she said but only time will tell.

How a Disreputable Firm Almost Hurt Every Local Asbestos Case

asbestos case

When our office takes on an asbestos case, we do so with utmost integrity and only after intensive scrutiny to make sure that the asbestos case has complete validity before we bring it forward.  Our ability to win cases and achieve substantial judgments or settlements for our clients depends not only on the way we prepare to meet our burden of proof in each asbestos case but also on our reputation. We want the opposing lawyers to know from the outset that if Kazan Law is on an asbestos case, it must have merit.

But because of the substantial amounts of money involved, the asbestos litigation field can be the target of hucksters and charlatans. Just like the proverbial bad apple that spoils the whole barrel, there is always the concern that a disreputable firm can tarnish all of us and hurt every asbestos case.

For this week’s post to commemorate Kazan Law’s 40th anniversary, we turn to a time just about ten years ago when a Texas law firm suddenly set up shop in San Francisco and just as suddenly closed shop l0 months later. And no longer exists according to a Google search. They came here to try to drum up business for silicosis lawsuits.  Silicosis is a lung disease that is caused by inhaling tiny bits of silica. Silica is a common mineral that is part of sand, rock and mineral ores like quartz.  Certain forms of it can cause serious lung disease and even increase the risk for developing lung cancer.

The problem was there wasn’t any silicosis here. That didn’t stop them. They blanketed the region with newspaper ads and mass mailings offering free screenings, as reported in by the legal newspaper The Recorder.

They filed about 1,000 lawsuits using a doctor who made diagnoses without personally examining patients or checking their work histories. They were out of control and the courts were not amused. Neither were the attorneys like us that take every lung disease case very seriously.

I was interviewed about it for The Recorder’s article. Here’s an excerpt:

 Steven Kazan, one of the country’s top asbestos lawyers, said they (Kazan Law) aren’t bringing silicosis suits and even questions their validity.

“The whole thing is somewhere between shameless and shameful,” said Kazan. “I don’t know of pulmonary doctors around here who really have seen silicosis cases.”

As usual, I got the last word in.  Or at least that’s how the reporter chose to end the story.

“They did a whole blanket mailing to Piedmont (a small affluent city of 10,000 in the middle of Oakland).  There’s not a whole lot of sandblasters who retired and moved to Piedmont,” said Kazan. “So it’s kind of ridiculous.”

And indeed, it was.

New Troubles At Cal/OSHA Could Increase Worker Asbestos Exposure

asbestos exposureA mesothelioma diagnosis means asbestos exposure occurred.  Probably not just once but many times. The asbestos exposure most likely occurred on the job because business interests were considered more important than the safety of workers and their families. In our most recent “Throwback Thursday” post commemorating Kazan Law’s 40th anniversary, we revisited a time in the 1980s when big business interests orchestrated the shutdown of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA. That meant there would be no trained inspectors safeguarding workers against dangers like asbestos exposure.

Our story had a happy ending.  A group of us got together to form a group called WorkSafe California that succeeded in helping to get Cal/OSHA back up and running. But as the saying goes, “The more things change, the more they remain the same.”

No sooner was that anniversary post up on our website when I received a disturbing email from Fran Schreiberg, a labor attorney who was part of the group that helped restore Cal/OSHA with me about 30 years ago and started working at Kazan Law doing pro bono work in this area in 1991.

“A whistleblower complaint charging the Department of Industrial Relations with misuse of state and federal funds designated for Cal/OSHA, the state workplace health and safety agency, was filed with the California State Auditor on Tuesday, April 1st by a 20-year veteran of the agency who retired in January 2014,” it said.

The whistleblower complaint contains 16 items describing improper, and possibly illegal, use of DOSH funds by DIR in three key areas ­- budget and funding, real estate and personnel.

“This is terrible,” Fran Schreiberg said to me when she briefed me on this new development. “This means that funds intended to protect workers from asbestos exposure were used for other things.”

The lack of resources, caused by DIR’s misuse and mismanagement of Cal/OSHA funds, means that there are fewer compliance officers available to conduct on-site inspections, fewer inspections of high hazard workplaces where many low-wage and vulnerable workers are employed, fewer consultants to assist small employers, and fewer resources to develop new regulations to protect the health and safety of California¹s workers.

We hope that this misuse of funds is thoroughly investigated and halts this latest attempt to weaken protection for workers from hazards like asbestos exposure.

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