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Posts by: Steven Kazan

History of Product Liability Law

During presidential election years in particular, there is much talk about what is wrong with our civil justice system. Yet many people don’t recognize that our tort law has its foundation in the Bible. Here in the fifth of my video series, The Bible and Our Civil Justice System, I discuss the evolution of modern products liability law from biblical times to today.

Today’s rules reflect the laws established to protect citizens from the risks presented by oxen in biblical times. l also discuss the Bible’s version of construction defect law and the origins of modern uniform building and construction codes.

Please join me as I trace the evolution of today’s product liability law over the past 4,000 years.

Related posts:

Introduction to the History and Evolution of Law

History of Personal Injury Law and Our Civil Justice System

History of Construction Law and Our Civil Justice System

History of Civil Liability and Compensatory Damages

History of Punitive Damages and Our Civil Justice System

Take-Home Asbestos Exposure Case Stories

Clara and Ronald Ricker

Kazan Law client Ronald Ricker with his mother, Clara in 1991

Though occupational asbestos exposure is the most common kind, people can come into contact with the deadly mineral in many other ways. It can line the buildings they live in, occur in natural ore deposits near their homes or even be brought home by their spouses or family members as dust, usually on clothing and in hair.

This is called paraoccupational asbestos exposure, and it happens more often than you might think.

At Kazan, McClain, Lyons, Greenwood and Harley, we’ve been involved in dozens of cases over the years that involved individuals whose health was ruined by paraoccupational exposure. In many of these cases, the asbestos brought home on clothes ultimately resulted in one or more people developing malignant pleural mesothelioma (MPM).

Deadly dust has consequences decades later

Studies have shown that this form of exposure can radically increase the risk of asbestosis and MPM, even in young adults. To give you an idea of the toll paraoccupational exposure can take, here are some summary details on a pair of “take-home” asbestos cases that we have represented:

– Ronald Ricker. Living in Northern California in the 1960s and ’70s, Mr. Ricker was exposed to asbestos in two different ways. First, his mother, Clara, brought home fibers on her clothing, body and personal effects while working at Varian, Inc., a scientific instruments manufacturer. (Specifically, she worked with Rockbestos asbestos insulated wire products from 1966 to 1971.) Ronald also came into contact with the mineral during his own employment as a machinist at Varian, Inc. from 1969 to 1971. In October 2009, he was diagnosed with mesothelioma.

In his deposition, Mr. Ricker noted that his mother “always looked like she had been working, you know – she was a little bit dirtier and dustier [when she got home from work].”

When asked if she ever changed clothes after getting home, he said “not until after dinner, when she was taking a bath.” He and his mother had dinner together every day, a ritual that in all likelihood dramatically increased his amount of paraoccupational asbestos exposure.

– Jeanette Franklin. Our client, Ms. Franklin, was just a girl in the 1940s, when both of her parents worked at USX Corporation’s Western Pipe and Steel shipyard in South San Francisco. Her father worked as welder, while her mother acted as a carpenter’s assistant. Virtually every day, her parents unknowingly carried deadly asbestos fibers home on their clothing, exposing their young children to a deadly carcinogen. Because asbestos fibers work their way into pleural cells and lodge there, the mineral can take decades to cause MPM – and it did. In March 1999, Jeanette Franklin was diagnosed with mesothelioma.

ICOH Releases Statement Urging Worldwide Asbestos Ban

asbestos signsJoining a number of other global health groups including the World Health Organization, the International Commission on Occupational Health (ICOH) recently issued a statement condemning the use of asbestos and calling for a global ban.

In the statement, the commission notes that after much discussion about the use of the carcinogenic substance in various industries, it decided to encourage each individual country to totally ban the production and use of asbestos.

ICOH pointed specifically to guidance handed down by the World Health Organization in 2006, which said that the most efficient way to reduce the number of asbestos-related diseases would be to halt the use of all types of the carcinogenic material.

The diseases referred to by WHO and the ICOH include lung cancer, asbestosis and malignant mesothelioma, a rare form of cancer that attacks the tissues surrounding the majority of the body’s internal organs. WHO estimates indicate that approximately 107,000 individuals succumb to these illnesses around the world each year.

ICOH emphasizes total ban

In its statement, ICOH examined the various manners in which different countries have dealt with the issue of asbestos. While some countries have adopted universal bans of the material, others have halted production and use of amphibole and crocidolite, but not chrysotile.

Still others, like Canada, have taken seemingly contradictory stances over asbestos, giving the green light to the production and exportation of the carcinogen while restricting its use at home. In the statement, ICOH was extremely critical of such practices.

“Some countries have banned the production and/or use of asbestos-containing industrial products, but have continued to mine, sell and export asbestos,” the commission said. “This is an unacceptable policy and should be reconsidered by those countries. In order to be effective, a total ban on production, use and export of all forms of asbestos should be achieved in every country.”

This type of criticism has been leveled by health and safety groups across Canada, many of which have said the country is “exploiting” developing nations such as India by continually exporting asbestos to them.

Recently, much to the chagrin of these organizations, the Quebec government took another step in the wrong direction when it approved a loan that will reportedly revitalize the Jeffrey asbestos mine in the aptly named town of Asbestos.

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

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

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

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

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

Kazan Law Super Lawyers

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

What is Super Lawyers?

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

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

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

Rising Stars

Super Lawyers Rising Stars recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to this list. We are very proud of the three Kazan Law attorneys named Rising Stars this year:

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

 

Health Organizations, Asbestos Groups Speak Out Against Jeffrey Mine Revival

Asbestos, Quebec

Asbestos, Quebec

The controversial decision of the Quebec government to offer a $58 million loan to investors to revive one of the few remaining asbestos mines in Canada has been heavily scrutinized by asbestos victim support groups and health organizations alike.

According to Reuters, the decision to allow the investor group – headlined by Quebec-based Balcorp Ltd. – to reopen the Jeffrey asbestos mine in the aptly named town of Asbestos could ultimately extend the site’s life by more than two decades.

Financial issues have plagued the asbestos mine, which is more than 130 years old but has run on-and-off over the past few years, the news source said. Still, Canada remains one of the largest exporters of chrysotile asbestos in the world, according to Reuters.

Public health specialist rails against ‘exploitation’

The Quebec government’s controversial move has sent shock waves through the scientific community, particularly as exposure to asbestos has been proven for decades to lead to the development of serious illnesses such as lung cancer, asbestosis and malignant mesothelioma.

Yv Bonnier Viger, the head of Quebec’s association of public health specialists, told The Globe and Mail that Premier Jean Charest “has good reason to be ashamed” after giving the go-ahead for the loan.

“He is relaunching the exploitation of an extremely dangerous material that will cause the suffering and death of thousands of people in poor countries, at only marginal benefit to a desperate community,” Viger noted.

Viger is no doubt alluding to countries such as India, where a large percentage of Canada’s asbestos is exported. These developing countries continue to use asbestos as a building material despite the dangerous risks.

Asbestos no laughing matter

Paul Lapierre, vice president public affairs and cancer control for the Canadian Cancer Society, added that the revitalization of the Jeffrey mine “is in direct conflict with global cancer control.” According to the World Health Organization, asbestos-related illnesses claim the lives of approximately 107,000 people across the globe each year.

Unfortunately, some individuals are not aware of the serious risks posed by asbestos exposure. For instance, Maurice Gilbert, who worked around asbestos mines for 19 years, joked to The Globe and Mail that he had never sneezed in his life. Unfortunately, the symptoms of asbestos-related illnesses typically do not manifest themselves until decades after initial exposure to the material, so the true impact may not be immediately apparent.

Action Mesothelioma Day – Friday 6th July 2012

Action Mesothelioma logoWe support the following press release from the Merseyside Asbestos Victim Support Group (MAVSG)

An Asbestos Tsunami – The Need for a Global Ban

At the end of June the Quebec Government announced that a loan agreement of $58 million to re-open the Jeffrey Asbestos Mine would go ahead and that the mining of chrysotile (white) asbestos would start once again. This is despite the Quebec Government’s own health authority and the Canadian Medical Association calling for an end to the production and use of asbestos. Five million tonnes of asbestos will now be exported from the Jeffrey Asbestos Mine to developing countries, such as India, over the next 20 years.

The Quebec mines were once the world’s biggest producer of asbestos but had been closed for some months due to financial and operational difficulties. Canada no longer uses the asbestos that they mine but export the raw mineral ore to the developing world instead.

There has been international condemnation of this loan agreement, especially from health campaigners in India. John Flanagan of the Merseyside Asbestos Victim Support Group said –

“This decision came just a week before Action Mesothelioma Day when mesothelioma victims are remembered and their lives commemorated. This is truly shocking news. Shame on Quebec for putting profits before the lives of some of the poorest and most vulnerable people in our world! And shame on Canada for this blatant hypocrisy. Canadian citizens are subject to a de-facto ban on the use of asbestos yet people in developing countries are not given the same protection. This year more than ever we need the support of the community to ensure all necessary steps are taken to eradicate asbestos from the global environment”.

Laurie Kazan-Allen – Editor of the British Asbestos Newsletter & Coordinator of the International Ban Asbestos Secretariat said –

Action Mesothelioma Day 2012 is a time to reflect on developments regarding the rights of UK asbestos victims. Will these rights still be upheld in the face of a major assault by defendants and insurers? Around the world the use of asbestos continues to endanger the health of millions of innocent people.  UK asbestos victims speak with one voice when they call for an international ban on the use of asbestos.”

On June 27, 2012, Barrister Krishnendu Mukherjee in his keynote presentation to the annual asbestos seminar of the All Party Parliamentary Asbestos Sub-Group revealed that British companies, including banks and financial institutions, are investing in the Indian asbestos industry; his naming of British financial stakeholders stimulated a great degree of concern and discussion amongst seminar delegates who were appalled that this deadly trade was seen as a legitimate investment for British institutions. Asbestos campaigners will be taking this issue to the Government and demanding that this financial support for an industry which is killing workers and members of the public in India is terminated immediately.

Asbestos victims and their families will be attending Action Mesothelioma Day at Liverpool Town Hall at 11.00am – 3.00pm. The focus this year this will be on “the need for a worldwide ban on the mining, manufacture, and use of all forms of asbestos”.  At the event in Liverpool, there will several guest speakers giving presentations on the need for an international ban on the use of asbestos, the health effects of mesothelioma and the role of respiratory nurses. At 12pm (noon) there will be a release of sponsored Doves in tribute to all those who have suffered from mesothelioma. Asbestos victims, Civic Dignitaries, MP’s and local children will all take part in this event.

 

There is also an event being held on Thursday 5th July at John Moore’s University. Several short films including the BBC Horizon Programme “The Killer Dust” are being shown from 6.30pm at 68 Hope Street, Liverpool. Laurie Kazan Allen will also be giving a brief talk afterwards.

Judge Rules that a Company Cannot Avoid Asbestos Liability by Dissolving

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

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

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

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

International Experts Gather to Discuss Developents in the Global Asbestos Industry

Member of Parliament John Cryer, Barrister Tublu Mukherjee, Canadian Ban Asbestos activist Kathleen Ruff

Member of Parliament John Cryer, Barrister Tublu Mukherjee, Canadian Ban Asbestos activist Kathleen Ruff

The latest developments in the global asbestos industry were discussed during the annual seminar of the Parliamentary Asbestos Sub-Group in the House of Commons in London earlier this week.

The meeting featured presentations from a number of UK specialists and international experts, who updated the asbestos victims community, environmental activists, lawyers and campaigners on the dangers of the carcinogenic substance and its continued use around the world.

Keynote speaker Barrister Tublu Mukherjee delivered a presentation on the issues of asbestos in India, noting that consumption of the material has grown due to commercial and political reasons. Specifically, Mukherjee pointed to the role of British institutions, which have helped to keep the industry afloat in India. Mukherjee’s comments sparked discussions among delegates to determine which steps should be taken to reduce Britain’s role.

The presentation that perhaps highlighted the importance of the meeting the most, though, was “The Asbestos Frontline,” delivered by Canadian Ban Asbestos activist Kathleen Ruff.

‘Huge Gains’ in Canadian asbestos industry

Only a few short years ago, the asbestos industry was widely supported in Canada, including by every political party in the Canadian House of Commons and the Quebec National Assembly, Ruff noted. Since that time, though, support for the asbestos trade has dwindled, led by scientists, government health officials and public health organizations. These groups have come out in opposition of plans by the Canadian government to revive the industry and claim that asbestos can be used safely.

Fortunately, the opposition to the asbestos industry has science on their side in this instance. Asbestos, which was once widely used because of its fire-resistant properties and utility as an insulator, has been proven to cause a range of serious diseases since the mid-1960s. Overall, these illnesses – which include asbestosis, lung cancer and malignant mesothelioma – claim the lives of approximately 107,000 people around the world each year, according to estimates from the World Health Organization.

As Ruff notes, Canada is currently at a critical stage in terms of asbestos, as although mines have been closed and opposition has grown, plans remain in place to revitalize the industry. The most important thing anyone can do, Ruff says, is to continue to put pressure on government officials and raise awareness at international meetings.

Read more about the Westminster Asbestos Seminar.

History of Civil Liability and Compensatory Damages

In biblical times oxen performed duties in society that are now accomplished by oil, power and machinery. These very important animals were big, strong, and potentially dangerous. The evolution of modern American law on civil liability and compensatory damages goes back to the bible’s discussion of the law relating to oxen in Exodus XXI.

In this fourth video in my series, The Bible and Our Civil Justice System, I discuss how this law developed and how it changed the way society is organized.

 Related posts:

Introduction to the History and Evolution of Law

History of Personal Injury Law and Our Civil Justice System

History of Construction Law and Our Civil Justice System

History of Product Liability Law

History of Punitive Damages and Our Civil Justice System

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