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

Posts by: Steven Kazan

Advantages of a California Mesothelioma Lawsuit

california mesothelioma lawsuit Did you know that you can file a California mesothelioma lawsuit in any state in the country? You don’t have to file in the state where you live. You don’t have to file in the state where a corporation you are suing is headquartered (which would be impractical in any event, since many mesothelioma cases involve multiple corporations from different states). People can file a California mesothelioma lawsuit from any state in the US. If the facts are right, at Kazan Law we think that is just what you should do.

Advantages of a California Mesothelioma Lawsuit

California is one of several states with higher than average levels of asbestos exposure. In fact, there are more deaths due to mesothelioma and other asbestos-related illnesses each year in California than in any other state. In addition to heavy industries and shipping, where asbestos was commonly used, Californians face an added threat from asbestos mines.

Not surprisingly, California is also one of the states with the largest number of asbestos lawsuits. This is partly historical: when people with mesothelioma first began to file lawsuits in the 1970s, many of the plaintiffs were based in California because of the state’s high rate of asbestos disease.

That isn’t the only reason so many people file asbestos lawsuits in California. Mesothelioma lawsuits are in a special category in California courts. The judicial system in the state has different rules governing asbestos litigation, including a faster route to trial for plaintiffs with mesothelioma.

In addition, California’s laws are more favorable to mesothelioma plaintiffs than the laws of some other states. Some of the other states with the largest number of asbestos lawsuits have passed legislation to restrict access to the judicial system for people who have been injured by exposure to toxic asbestos fibers,  or limit the damages they can recover or make suing more difficult.

For example, after Texas defendants lost lots of mesothelioma lawsuits in the late 1990s, the state passed laws that limit the legal liability of the corporations responsible for negligently exposing people to asbestos. When one of these corporations merges with another company or is sold, their responsibility for paying the damages they owe is reduced in Texas.

Who Can File a California Mesothelioma Lawsuit

Among the restrictions placed on asbestos litigation by some states are laws that limit or bar out-of-state residents from filing mesothelioma lawsuits. There are no such restrictions in California. Anyone can file a California mesothelioma lawsuit if the facts are right.

Your location and the expense of travel should not stop you from filing a California mesothelioma lawsuit. When you work with a top-notch asbestos law firm, your lawyer will travel to your location to meet with you. Kazan Law lawyers regularly meet with clients outside California, sometimes traveling across the country to work with people who have mesothelioma. We believe you can contribute more to the success of your mesothelioma lawsuit if you are able to rest in the comfort of your own home.

The bottom line is that California mesothelioma lawsuits are often more successful and usually deliver larger verdicts. California juries really understand the claims of plaintiffs who are terminally ill because of the negligent actions of corporations who valued corporate profits over workers’ health.

Even if your California mesothelioma lawsuit settles before going to trial, your settlement may be larger in California. Defendants know that a trial in a California court is likely to go against them. This gives them an incentive to agree to a more favorable settlement.

In addition, some of the top asbestos law firms in the country like Kazan Law are based in California. When you choose a lawyer to represent you in your California mesothelioma lawsuit, you can choose from among the best.

Your mesothelioma lawsuit can provide the financial stability to comfort you during your illness and provide for your family once you are gone. Where you file – and what law firm you choose to represent you – can make the difference of millions of dollars in the settlement or jury verdict you receive. Picking a law firm can be the most important financial decision of your life. That is yet another reason to file a California mesothelioma lawsuit.

Justice in California

There is one more good reason to file a California mesothelioma lawsuit. It’s not about money – although your compensation is important. It’s about right and wrong and justice for the next generation of mesothelioma sufferers.

When you bring a corporation to trial in California, you make it more expensive for that corporation to do the wrong thing. There are certainly still plenty of bad corporations in the world. There are some that are actively poisoning and harming people with toxic chemicals at this moment. But the more we hold those corporations to account for their actions, the less economic incentive they have to cut corners on safety.

When you file a California mesothelioma lawsuit, you aren’t just asking for compensation for your own injuries and money to replace the income your family is losing. You are standing up for the next generations so they have safer workplaces with better protections from asbestos and other toxic substances. Your lawsuit might just save someone else’s life!

 

How Does an Asbestos Lawsuit Begin?

asbestos lawsuitIf you or a member of your family has been diagnosed with mesothelioma, asbestos-caused lung cancer, or another asbestos-related disease, you may want to consider filing an asbestos lawsuit. Because of the clear connection between the negligent use of asbestos by US industries and mesothelioma, many people have filed lawsuits and won compensation for their injuries.

The first thing you can do to help make your asbestos lawsuit a success is to hire the best asbestos attorney you can find, one with a great deal of experience in filing asbestos lawsuits. The next thing you can do is to learn about the process so you can best help your lawyer make your case.

Collect Your Asbestos Lawsuit Documents

In order to file an asbestos lawsuit on your behalf, your attorney will need proof of your diagnosis and the state of your health, as well as the cost of your medical treatment so far. In addition, your attorney will need to know your work history, to determine where you may have been exposed to asbestos. Top-notch asbestos law firms employ experienced investigators. An investigator will use your background information to gather evidence about where you were exposed to asbestos.

If this seems like an overwhelming amount of work, especially as you are coping with a severe illness, don’t worry. A good mesothelioma attorney will go over everything with you and will be able to help gather the documents you need for your asbestos lawsuit.

Beginning Your Asbestos Lawsuit

Before beginning the formal litigation process, your attorney may approach representatives from some of the corporations responsible for your asbestos-related disease. Some parties choose to enter into settlement negotiations with the most well respected mesothelioma attorneys before a lawsuit is filed, to avoid the time and expense of going to court. Instead some corporations ask us NOT to sue them so they can settle without wasting money on their lawyers.

If any of the parties have set up an asbestos trust fund, your attorney will initiate the trust paperwork. The corporations with asbestos bankruptcy trusts can’t be named in an asbestos lawsuit. They have already admitted their liability for exposing people to asbestos and have set aside money under court supervision to compensate those who become ill with mesothelioma or other asbestos-related diseases.

The parties who don’t agree to compensate you will be named in your asbestos lawsuit. Your lawyer will draft a complaint, which states the facts of the case and identifies all the parties in the lawsuit.

Your lawyer will file the complaint and get a summons from the court to serve on the parties named in the suit. These parties, now called the defendants, must file an answer with the court within 30 days. If any of the defendants do not respond to your lawsuit within the required time, your lawyer can seek a default judgment against that party. After a default is entered, your attorney will pursue that party for compensation.

Defendants always respond by denying that they are liable for exposing you to asbestos. Some may argue that your illness is caused by other factors, such as smoking. This push back is a normal part of the litigation process. An experienced asbestos attorney will have heard all these arguments before and will know how to respond to them.

Asbestos Lawsuit Discovery

The next phase of your asbestos lawsuit is called the discovery process. During this phase, both your attorney and the attorneys for the defendants will ask for documents and other evidence about the case. The defense will want copies of your medical records. Your asbestos lawyer will ask for information about the use of products containing asbestos at different places where you worked or lived, who sold them, and what they knew.

Part of the discovery process is taking depositions. Depositions do not take place in a courtroom, but they are sworn testimony recorded by a court reporter that may be used in court during the trial.

It is likely that the defendants will ask for your deposition. This may sound scary, but it doesn’t have to be. Your lawyer will work with you beforehand to prepare you to testify and will be right by your side every minute. If your health is failing, the deposition is a chance to record your account of your asbestos exposure and illness. Later on, if you are unable to come to court to testify at trial, a recording of your deposition may be played instead,  and will become evidence.

The discovery process can take several months. At times, you may feel that your lawsuit has stalled and that nothing is happening. For much of this time, however, your legal team will actually be hard at work. They will be combing through the documents received from the defendants through discovery, looking for evidence to bolster your asbestos lawsuit.

Will Your Asbestos Lawsuit Settle or Go to Trial?

Television likes the drama of the courtroom, but most people who get sued do not. Most lawsuits end with a settlement before trial. Asbestos lawsuits are no different: more than 90%  end with a settlement and never go through trial.

The discovery process plays a big part in settlement negotiations. If the documents received through this process show that a defendant knew about the hazards of asbestos exposure and did nothing to protect you and others, that party is unlikely to win at trial. They may choose to settle with you to avoid the cost of trial, as well as the embarrassment of having their misconduct exposed.

If you are offered a settlement by one or more of the defendants in your asbestos lawsuit, your attorney will negotiate the settlement amount and will help you assess whether the offer is fair. The advantage of settling is that you will receive compensation much sooner than if your case goes to trial. If you win at trial, a jury may award you more money than you would get from a settlement. There is no guarantee, however, of winning at trial, or getting more than what was offered, so settlement may be a good idea.

Seek advice from an experienced asbestos attorney as soon as you are able. That is the best way to get your asbestos lawsuit off to a smooth start and heading to a good result.

California Mesothelioma Attorneys at Kazan Law

California Mesothelioma Attorneys The California mesothelioma attorneys at Kazan Law have been a pioneering force in the asbestos litigation field in the United States and in California since the early 1970s. As experienced California mesothelioma attorneys, we understand the many obstacles asbestos victims and their families face. The first challenge you face is choosing the best law firm for your situation. How do you go about this due diligence process? Let us help identify important factors when choosing your mesothelioma attorneys.

Why the Best California Mesothelioma Attorneys Are the Most Experienced

You need the best mesothelioma attorneys for your case. Mesothelioma is caused by only one thing – asbestos exposure.  It is a merciless swift-moving disease once the symptoms become evident.  But because the exposure may have happened years or even decades ago, it can be challenging to pinpoint the source of asbestos exposure and the culprit or culprits responsible.  You need mesothelioma attorneys who have the skills cultivated from decades of experience to know exactly how to locate facts and evidence needed to win your lawsuit.

Kazan Law’s 22 mesothelioma attorneys work exclusively with lawsuits stemming from exposure to asbestos. Experience, as they say, is the best teacher. Kazan Law attorneys won some of the very first pioneering cases in California asbestos law. We helped establish the designation “mesothelioma attorneys” as a special category of trial lawyers.  We have represented thousands of mesothelioma victims and won some of the largest awards in asbestos litigation.  It is important to work with attorneys who have this kind of experience and who know how to get you the best possible outcome.

The California Mesothelioma Attorneys Who Launched Asbestos Justice

“Mesothelioma attorneys” did not exist when the first wave of asbestos cases hit the U.S. courts in the late 1960s and early 1970s.  A few attorneys in Texas first started fighting for asbestos victims in 1966. They started filing lawsuits against major producers of asbestos-containing insulation products including Johns-Manville and Owens Corning Fiberglass.  Talk about a situation of David going up against Goliath.  These were tragic situations of loyal hard-working employees fatally sickened by major corporations. By 1973, after legal setbacks and appeals, the first U.S. legal victory for an asbestos victim was finally achieved.

In 1974, Steven Kazan, the founding partner of Kazan Law, had just started his law practice in Oakland, California.  With a growing reputation for expertise in complicated medical issues, he was sought out to work on the first California asbestos lawsuits being filed against a Johns-Manville plant in nearby Pittsburg, CA.  Soon Mr. Kazan was representing over 100 workers from  Manville plants. Eventually that number grew to nearly 400.  In 1983, Steven Kazan won a major victory against Johns-Manville.

Over the next decades, Steven Kazan welcomed into the growing firm brilliant passionate attorneys who had fought for justice for California farm workers and factory workers.  Together they all became Kazan Law. Today over 40 years later, Kazan Law is still considered the top mesothelioma law firm in California.

Kazan Law’s Mesothelioma Attorneys Win Major Cases

Kazan Law’s dedicated mesothelioma attorneys continue to win major cases resulting in large monetary awards and settlements for clients.  Our entire firm regularly receives top professional honors from the legal profession for legal and financial victories.

Kazan Law won an $11 million verdict in 2014 for the Bankhead family in a wrongful death suit.  It was a complicated case involving several trials but we doggedly fought for our clients.  Gordon Bankhead’s mesothelioma was caused by his work with brake linings produced by the Pneumo Abex company and others.

Prior to the Bankhead case, our mesothelioma attorneys had won a $5 million verdict for client James Hellam and his family.  He had worked as a teenager during the summers for his grandfather’s boiler company. As part of his job, he mixed cement purchased in powder form from Crane Co. That was a very long time ago. Yet, Kazan Law attorneys were able to successfully establish this as the source of Mr. Hellam’s asbestos exposure.  Crane Co. tried to deny that they were the ones who had exposed Mr. Hellam to asbestos.  But the California mesothelioma attorneys at Kazan Law proved that Crane Co. executives were fully aware of the dangers presented by asbestos in their products and were negligent in not warning their customers.

In a recent precedent setting case, the California Supreme Court upheld a Kazan Law victory over the Ford Motor Company.  Ford had sought immunity from the case because their headquarters are in Michigan where punitive damages are not permitted.  But the courts ruled that what mattered was that the asbestos exposure occurred in California, where punitive damages stand.  Kazan Law clients Patrick and Sharon Scotts were awarded $1.5 million dollars in punitive damages for Mr. Scott’s mesothelioma.  Our mesothelioma attorneys helped prove that Mr. Scott’s work with automotive brakes had caused his illness.

California Mesothelioma Attorneys Who Make a Difference

Some mesothelioma law firms have been scrutinized and criticized for their conduct. Not Kazan Law. We will not take your case unless we believe we can win it. That is because we work only on contingency. We never charge any fees upfront or take any money from our clients until we achieve a financial award for them.  We also make sure that you are not charged by your healthcare providers for your medical expenses while your case is underway.  If necessary, we will arrange for a lien so that your expenses can be paid from your award after your case is successfully completed.  The last thing you need when you are coping with the tragedy of mesothelioma is to have that tragedy compounded by debt from the costs of mesothelioma treatment.  We will also review all your medical bills to make sure you are not being overcharged. As mesothelioma attorneys, we are also detectives.  Most people can’t remember what they ate for breakfast last month let alone what product they might have been exposed to 30 years ago that may have contained asbestos.  Because of our decades of experience as mesothelioma attorneys, we know very well all the possible asbestos-containing products you may have been exposed to and which companies produced them. We will do most of the work for you so that you can focus on what is most important – your health and your family.  As California mesothelioma attorneys, defending your rights and your family’s well- being is job-one, our passion, and our pride.

 

 

 

 

 

 

 

 

 

 

 

Best Asbestos Law Firm Traits

best asbestos law firm If you have been diagnosed with mesothelioma, asbestos-related lung cancer, or another serious asbestos disease, you will want to understand what the best asbestos law firm can do for you and your family. The difference between an experienced and dedicated lawyer and a mediocre one could be millions of dollars in compensation for you and your loved ones. Here are some of the things to look for when you are ready to hire the best asbestos law firm.

Three Words: Experience, Experience, Experience

When you hire someone, experience counts. You want the chef in your restaurant not just to be a good cook but to feel passion for food. You want a tax professional who not only understands tax laws but also has filed enough tax returns that he or she knows the best way to get your refund quickly. You want to work with people who understand pitfalls and opportunities and use that knowledge to your advantage.

Nowhere is this truer than when choosing the best asbestos law firm to handle your mesothelioma lawsuit. Kazan Law has been part of the asbestos litigation movement from its beginning. As soon as our law firm opened in 1974, we began to pursue the corporations responsible for diseases caused by asbestos exposure. The principals at Kazan Law have been at the forefront of asbestos law as it has evolved, from the 1970s to the present day.

Over the past 40 years, Kazan Law has represented more than two thousand clients suffering from mesothelioma or other asbestos diseases. We understand how mesothelioma trust funds work because our attorneys are members of the advisory boards of almost all asbestos trusts.

At Kazan Law, we focus solely on representing plaintiffs in asbestos product liability, premises liability, and negligence cases. Building our practice into one of the best asbestos law firms in the country is our core mission, and we have been working hard at that for decades.

The Best Asbestos Law Firm Is a Winner

The most important measure of whether your asbestos law firm is the best for you and your family can be summed up in one word: compensation. Whether you are able to negotiate a settlement or your case goes to trial, you want a law firm with a winning record.

Over the years, Kazan Law has hundreds of millions of dollars in compensation for our clients in settlements and at trial. We have won huge jury verdicts, including more than $27 million for a woman who suffered take-home exposure to asbestos through the clothing of her ex-husband, who had worked installing insulation. We won over $11 million in a wrongful death lawsuit for the family of a man who died of mesothelioma after working around asbestos brake linings. In many instances we are able to secure compensation for pain and suffering as well as for punitive damages. In one automotive brakes case, we won compensation for medical bills and pain and suffering for a couple where the husband had contracted mesothelioma from brake dust. In addition we were able to win punitive damages,  meant to punish companies for willful wrongdoing and discourage such behavior in the future, of $13.5 million in that case, for a total verdict of $17 million.

If you want the best chance to win your case, go with a winning law firm. When you are choosing a mesothelioma law firm, look at their history of winning verdicts and settlements. The best asbestos law firm will have a string of victories for its clients.

The Best Asbestos Law Firm Charges No Money Up Front

If an asbestos lawyer asks you for payment up front, that is a red flag. The best asbestos law firms will work with you on contingency basis.

A contingency fee agreement between a law firm and a client means that the client pays no upfront fees for the lawsuit. The law firm foots the bill for the expense of investigating the claim and pursuing the lawsuit. If you win, the law firm gets a percentage of your verdict or settlement as compensation. , If you don’t win your case, you don’t owe a thing.

The best asbestos law firm will interview you to find out whether you have a good case. Their lawyers will be honest with you about whether it’s worth your time and energy to pursue a lawsuit. If they think you have a good case, they will work with you on a contingency basis.

Before you hire an asbestos law firm, find out what their fee structure is and how costs are shared after a verdict. Some law firms deduct 100% of the case expenses from the client’s share of the award. These costs can add up, particularly if the defendant refused to settle and the case went to trial. At Kazan Law, we deduct the costs before we divide the compensation and take our contingency fee. This means we shoulder  our share of the costs of the case and our clients get more compensation.

At the end of the day, the best asbestos law firm is one whose employees care deeply about achieving justice for people who have been harmed by negligent corporations. The best asbestos law firm is one whose attorneys are passionate about winning the best possible compensation for people who are ill because of their exposure to asbestos – people like you.

At Kazan Law, we like to think we are one of the best asbestos law firms. Call us and see if you think so too.

How Asbestos Lawyers Work For You

asbestos lawyers Asbestos lawyers begin working for you from the moment they agree to undertake an asbestos lawsuit on your behalf. You are the one who is suffering from asbestos exposure ramifications. Any asbestos lawyer who works with you should make every effort to accommodate you while they are working to win your asbestos lawsuit. Time is of the essence in an asbestos case. All asbestos lawyers should make your case a top priority and proceed as quickly as the legal system and thorough diligent work allows.
Every asbestos case is unique. No two are exactly alike. Good asbestos lawyers will not rely on any cookie-cutter way to handle an asbestos lawsuit because there is none. But at times there are several distinct phases that an asbestos lawsuit will go through.

Throughout the asbestos lawsuit process, your asbestos lawyers should always:

  • Answer any questions you have thoroughly in language you understand
  • Provide you with all status updates relevant to your case

How Asbestos Lawyers Will Research Your Case

An important starting point for all cases that asbestos lawyers take on is doing careful research. They need to find out all the information possible about your asbestos case. This information can help determine how strong a case you have and how likely you are to win it or receive favorable settlements. In legal terms this research phase is called “Discovery” because facts are being discovered. These facts give clarity to the lawsuit and help both sides understand what happened that caused your asbestos exposure and resulting asbestos-related illness.
Of course, the defendant’s attorneys will be following the same procedure. Their goal is also to discover information about the case. But they are looking for information that will help their client, not you. Your asbestos attorneys are responsible for protecting you and helping you when the opposition’s attorneys question you about anything on the case.

The discovery research will mostly pertain to your work history, your medical records and any military service. Information about specific asbestos-containing products you may have had to work with and a lack of safety procedures at the job site will also need to be researched by your asbestos attorneys.
Three important discovery research procedures are:

  1. Interrogatories – Attorneys asking written questions for background information
  2. Subpoenas – Attorneys requesting specific documents for the case
  3. Depositions – Live questioning sessions under oath that often are recorded on video. Both sides are given a chance to ask questions. Your asbestos attorneys should meet with you before a deposition to help you get ready, and will protect you throughout the process.

How Asbestos Lawyers Handle Bankrupt Defendants

Even the best asbestos attorneys may face limited options for you if the companies that caused your asbestos exposure have filed for bankruptcy. The reality is that these exploitive companies likely exposed not just you but possibly hundreds or thousands of other people to asbestos.

In order to keep from having to fully compensate each individual whose lives have been ruined by a company’s carelessness with asbestos-containing materials, a company can file for bankruptcy. Their attorneys then will help them set up a bankruptcy settlement trust. These trusts limit the amount of money every plaintiff can receive. You can be sure the amount is less than a plaintiff’s asbestos attorneys could have secured for them in an individual trial.
Experienced asbestos attorneys will still attempt to bring the case to trial. At the same time, they will follow all the necessary legal procedures to obtain the best settlements possible for you from all appropriate trusts. Two Ways

Asbestos Attorneys Should Prepare For Trials

Asbestos attorneys should follow two key steps in preparing your case for trial:

  1. Getting a trial date – It is well known that today many courts are clogged with cases. There is a backlog of cases awaiting trial. Getting a trial date set for any case isn’t easy. But if health is a concern, your asbestos attorneys should have the experience needed to get your case to the top of the trial calendar. This will require your asbestos attorneys to be able to do all the necessary discovery of information in a condensed period of time.
  2. Conducting settlement negotiations – Good asbestos lawyers will begin to explore possible settlements with the companies they are charging with causing your asbestos exposure. If the asbestos lawyers have done their research well, the lawyers for the other side will likely agree to a very favorable settlement once they realize all the evidence points to the guilt of their client.

The Role of Asbestos Lawyers in the Resolution of a Case

Asbestos lawyers’ roles do not end with the settlement or verdict of a court case. It is highly likely that no matter which side wins the trial that the case will be appealed. Our law firm has fought cases all the way to the State Supreme Court and has won; setting new precedents in asbestos law in the process.

If there is a settlement, your asbestos lawyers should negotiate the best possible settlement agreement and help you through the process of signing release papers. These papers mean that the case is closed and cannot be further litigated against the settling defendant.

Lastly but of great importance, asbestos lawyers also need to help you and your family members collect and divide the money they have won for you. Once all the proper documents have been signed, receiving money should take no longer than three months.

Partner Gordon Greenwood Speaks to U.C. Berkeley Law Students Raising Families

Boalt Parents NetworkOn February 4, Partner Gordon Greenwood spoke as a panelist at a luncheon event hosted by Boalt Parents Network. Boalt Parents Network offers support, resources and insights to young parents throughout the Bay Area, including those attending U.C. Berkeley’s prestigious School of Law, also known as Boalt Hall.

The group was co-founded last year by upcoming 2016 Kazan Law summer clerk, Brittany Arsiniega who, along with 40 other Boalt Parents Network members, balances the daily demands of raising a family with the rigors of being a student or teacher at a law school. Boalt Parents Network offers members a forum of support through in-person events. Additionally, members have access to a group website, where they can tap into resources, plus share tips and advice on a host of topics, ranging from day care to parental leave and careers. In its inaugural year, Boalt Parents Network held a trick-or-treat event at the school, where faculty and administrative office personnel shared treats with the students’ children and admired their costumes.

Boalt Parents Network: Work Family Dilemma Series

In February, Boalt Parents Network presented a three-part “Work-Family Dilemma” luncheon series designed to educate and advise young law students on managing both their career and family goals and finding joy in each. Mr. Greenwood was honored to speak at the final event entitled “Lawyer Parents Tell All,” where he was asked to provide guidance for students with families or those seeking to start families.

“We wanted to bring together practitioners from a variety of legal careers who would speak frankly about interviewing, legal and societal issues, as well as balancing a fulfilling career with family responsibilities,” explains Boalt Parents Network Co-Founder, Brittany Arsiniega. “We were happy Mr. Greenwood accepted our invitation, bringing his unique perspective as a plaintiff’s attorney, as well as his own experiences as a lawyer raising a family.”

On the panel, Mr. Greenwood shared his trademark humor, anecdotes and strong encouragement for everyone to value and prioritize family — advice, according to one attendee, she “hadn’t heard from too many lawyers.”

Mr. Greenwood lectures throughout the United States on subjects related to his practice and subjects that are near and dear to his heart.

The First Steps in Your Mesothelioma Lawsuit

mesothelioma lawsuitFor those who have worked around asbestos without proper protection, mesothelioma is always a concern. You will need more than a history of asbestos exposure, however, before you file your mesothelioma lawsuit. Here are some important steps to get you started.

Your Mesothelioma Diagnosis

If you know you have been exposed to toxic asbestos at home or at work, you will probably want to keep tabs on your health. It makes sense to educate yourself about the signs and symptoms of this very serious cancer, as well as other asbestos-related diseases.

Most people who have worked or lived in environments with asbestos fibers in the air do not develop mesothelioma. If you develop symptoms common to mesothelioma, such as a persistent cough or hoarseness, however, you should consult your doctor immediately. An early diagnosis may prolong your life.

It can be important to get your mesothelioma diagnosis confirmed by an experienced mesothelioma doctor. After you have gotten your initial diagnosis, your lawyer can help you figure out if you need to visit a specialist before you file your mesothelioma lawsuit or apply for compensation from an asbestos trust fund.

Chart Your Work History

One key component of every mesothelioma lawsuit is your employment history or other asbestos exposure. You can help move the process forward by making a list of your employers and the dates where you worked at each place. This list should go back to your very first job, even if you started working many years ago. Mesothelioma always takes decades to appear. Your exposure on the job when you were in your 20s could lead to this disease when you are in your 60s or 70s.

Your work history should also include the different roles you filled at each job. If you remember any details about your worksites, this may also be useful. Were you installing asbestos insulation or ripping it out? Did you work around plumbing or in the boiler room of a ship in the Navy? All these details may be pertinent to your mesothelioma lawsuit.

You don’t have to complete this task alone. Your mesothelioma lawyer will help you by researching your former employers to find out which ones have a history of asbestos use. In addition, a good mesothelioma law firm employs investigators who can locate the records you need to prove your employment and to uncover where asbestos was used on your worksites.

Even if you don’t believe that you were exposed to asbestos at a particular jobsite, you should include it in your work history. Asbestos can sometimes be present in situations where you wouldn’t expect it or didn’t know about it.

What If You Didn’t Work Around Asbestos?

Some people have gotten mesothelioma through exposure to asbestos outside of a workplace. Many people have won mesothelioma lawsuits after they inhaled toxic asbestos dust from a spouse’s or parent’s work clothes. Some people come into contact with asbestos through renovations at your home or workplace.

Mesothelioma Lawsuit Preparations

To prepare for your mesothelioma lawsuit, write down your employment history even if you don’t think that’s where your asbestos exposure originated. In addition, list other places and times where you think you might have been exposed to asbestos. If your spouse worked around asbestos, include his or her work history as well.

It is important to be as thorough in this process as possible. This task may seem hard when you are also feeling the effects of mesothelioma on your health. Again, this is a good time to lean on your mesothelioma lawyer for help.

Choose the Right Lawyer for Your Mesothelioma Lawsuit

After your mesothelioma diagnosis has been confirmed, you will need to think about finding the best lawyer for your mesothelioma lawsuit. You want someone who is experienced in asbestos litigation and who is relentless in pursuing justice for his or her clients.

The process of choosing your mesothelioma lawyer may go against the grain. It is important to hire one of the best firms in the field. This is one instance where you can have access to the best lawyers no matter your economic situation or where you live.

This is because top-notch mesothelioma attorneys will work with you on a contingency fee basis, which means that you don’t need to put out any money up front. Your lawyer will take a percentage of any award or settlement you get. You are in no danger of going into debt over legal fees; if you don’t receive any compensation, neither does your asbestos attorney.

Choosing an experienced mesothelioma attorney is important because it can mean a difference of millions of dollars in compensation for your claim. This is money that you and your family can use to cover expenses during your illness and beyond.

You don’t have to pick a lawyer in your hometown or even your home state. You can seek legal representation from the best mesothelioma lawyers in the United States. You won’t be out of pocket for travel, either: your attorneys will come to visit you in your home.

Kazan Law is one of the pioneering firms in asbestos litigation. We are proud to have helped thousands of clients file mesothelioma lawsuits for more than 40 years. If you have been diagnosed with mesothelioma, we are happy to evaluate your case for free and tell you honestly how, where, and with who you can best get the justice and compensation you deserve.

 

Mesothelioma Lawyers’ Funding Helps Win Victory Over Corporate Secrecy

Mesothelioma Lawyers

At Kazan Law, we are not just mesothelioma lawyers. We are passionate about everyone’s right to know about potential hazards in our environment and in the products that shape our lives. As part of our commitment to corporate accountability, we joined with another law firm to fund a position at Public Justice, a public interest legal group whose mission includes the pursuit of “high impact lawsuits to combat social and economic injustice.”

That funding recently reaped big dividends for all lawyers who fight against corporate wrongdoing. Jennifer Bennett, the Kazan Budd attorney at Public Justice, won a landmark ruling in the Ninth Circuit that will prevent corporations from keeping evidence of their negligence under wraps.

Challenging a Judicial Standard

Bennett was an outstanding member of the class of 2010 at Yale Law School. With Kazan Law’s help, Public Justice was able to offer this promising young legal mind a place among the ranks of lawyers dedicated to defending plaintiffs’ rights. One of her first projects was to work on a class action suit against Chrysler for an ignition defect that had led to countless collisions and caused more than one hundred fatalities.

The case, Velasco v. Chrysler, involved a defect in the ignition switches in Chrysler automobiles. The defect causes the engine to suddenly cut out while the car is going full speed on the highway. The automaker had never informed the public about the ignition problem. It asked the judge for an order that the records in the Velasco case be filed under seal. This meant that the public – including other attorneys, journalists, and consumers – weren’t able to find out the important information uncovered by this case.

The plaintiffs asked the court to unseal the records and warn other drivers of Chrysler vehicles about this dangerous defect. The US District court refused, despite clear public safety implications. The judge took the position that court records such as these can only be unsealed after a jury verdict.

Mesothelioma Lawyers: Breaking a Cycle of Corporate Wrongdoing

The problem is that most cases never go to a jury. Bennett describes the deadly cycle of corporate malfeasance and the justice system’s complicity in a recent blog post: “Corporation conceals deadly defect. Someone dies, and their family sues. Corporation settles quietly. Court records are sealed. Nobody finds out. More people are hurt; more people sue; more settlements are reached; more records are sealed.” It sometimes takes years or even decades for the truth to come out.

The Velasco case seemed destined to follow this pattern. Chrysler settled before a verdict. The court records, along with the alarming facts about the malfunctioning ignitions, remained sealed away from public scrutiny.

Enter Public Justice, which intervened in the case on behalf of the Center for Auto Safety. Represented by Jennifer Bennett, the Center for Auto Safety appealed to unseal the records, taking the case up to the Ninth Circuit Court of Appeals.

Holding Corporations Accountable

In a major victory for transparency, the Ninth Circuit ruled that the records cannot be kept secret. In doing so, the court created a much broader standard for unsealing court documents. When information is “more than tangentially related to the merits of a case,” the court said, the public deserves access.

It’s hard to overstate the importance of this legal decision. If not for this ruling, thousands of Chrysler drivers would not have known that they might have faulty ignition switches. The car company would not have to face public accountability for this major product defect. Even more importantly, judges will use the new standard in future cases.

Bennett highlighted the significance of the Ninth Circuit’s opinion in her blog post:

“This is a big deal. It makes the settle-and-conceal model of handling corporate misconduct much more difficult to pull off: Corporations can no longer hope to prevent public access to court records simply by settling a case before a court gets a chance to make a final determination.”

Lawsuits are one way to bring to light willful corporate negligence. Through the discovery process, plaintiffs’ lawyers gain access to internal communications that can reveal that a corporation knew about a harmful product for years and lied about that knowledge. The ruling won by Bennett and Public Justice may stop corporations from hiding their crimes behind a wall of legal secrecy.

Mesothelioma Lawyers’ Funding Helped It Happen

As mesothelioma lawyers, we are very familiar with the harm that comes when corporations hide information about health and safety from the public. Manufacturers used asbestos with no worker safeguards for decades after they knew about its health risks. Those decades led to countless avoidable deaths.

The truth about asbestos and mesothelioma are public now. But many more dangers are still hidden by bad corporate citizens. The Velasco decision will help plaintiffs’ lawyers bring more of those hazards to light. Jennifer Bennett, the Kazan Budd attorney at Public Justice, won a court decision that will save lives in the years to come by holding corporations accountable for the harm they cause. It’s a terrific start to a promising legal career. Kazan Law is proud to have played a role in supporting this talented young lawyer who has already accomplished so much.

 

 

 

Dallas Morning News Publishes Kazan Law EFH Rebuttal

Kazan Law EFH RebuttalA letter I wrote in rebuttal to the head of a fuel conglomerate’s deceptive open letter to Texans has been published by the Dallas Morning News, the newspaper that originally published the piece by Hunter L. Hunt, chairman and CEO of Hunt Consolidated Energy. The Kazan Law rebuttal letter is another effort to provide all pertinent information to possible EFH asbestos victims.

In his letter, Hunt praised his company’s proposed acquisition of Oncor Electric Delivery Company. But he conveniently left out the fact that because of this acquisition thousands of EFH’s potential asbestos victims have been stripped of significant legal rights.

Hunt Buying Oncor From EFH

Hunt Consolidated put together a deal to take over Oncor, the biggest power distributor in Texas. The deal would help end the $40 billion bankruptcy of Oncor’s parent company Energy Future Holdings (EFH).

EFH is selling Oncor, the primary piece of its portfolio, to the Hunt group for $19 billion as a way to try to get out of bankruptcy. EFH had filed for bankruptcy in April 2014. At that time, it listed liabilities of over $40 billion.

EFH has accepted Hunt’s purchase offer. If the deal wins approval by the Texas Public Utilities Commission, EFH would be split into two companies owned by different sets of lenders.

Hunt would get Oncor, which sends power to more than 3 million Texas customers over 119,000 miles of power lines.

Hunt is the lead of a group of investors seeking to participate in the purchase. The Hunt group includes Anchorage Capital Group, Arrowgrass Capital Partners, Avenue Capital Group, BlackRock, Centerbridge Partners, GSO Capital Partners and the Teacher Retirement System of Texas, according to media reports.

Hunt Letter Doesn’t Tell Whole Story

In his open letter, Hunt invokes everything but mom and apple pie in order to sway the officials who have to approve of his Oncor purchase.

“As the Public Utility Commission of Texas considers Hunt’s proposal to acquire Oncor, I want to share why we believe our proposal is in the best interest of customers, our fellow Texans, and the economic health of Texas,” he says.

He goes on to say, “For more than 80 years, Hunt has been active in Oncor’s communities. We know that the local utility is the bedrock of every town and city in Texas. The utility turns on the lights at the churches, the football stadiums, the schools, the community centers and, most importantly, our homes.”

What he conveniently doesn’t say is that at Hunt’s insistence, all those exposed to EFH’s asbestos products and services since the 1930s were swept into an EFH bankruptcy provision that took away their rights to sue for unlawful asbestos exposure if they get sick.

Asbestos Claims Cut Off By EFH Bankruptcy

Hunt ensured that Energy Futures Holding (EFH), with known asbestos claims against it, was able to drastically limit the legal rights of all its past, present and future asbestos victims as part of its bankruptcy. This was done to make sure that Hunt would not have to compensate people who may become fatally ill from being exposed to asbestos while they or a family member worked at a facility where EFH handled asbestos.

Anyone who ever worked at any EFH site or had a family member who did, would have had to file a claim by December 14, 2015 or lose all rights to make any asbestos claims against EFH, its subsidiaries and its insurance companies, even if they are not sick yet.

Asbestos insulation was widely used in power plants built before 1980. But the toxicity of asbestos was already well-established at that time and less dangerous substitutes were available. The plants could have been retro-fitted with nontoxic materials but they were not.

The Department of Health and Human Services (DHHS), the World Health Organization (WHO), and the EPA have determined that asbestos is a human carcinogen and there is no safe level of exposure.

By denying those who may develop mesothelioma or other asbestos-related disease the right to sue, Hunt is being allowed to potentially get away with murder.

Kazan Law EFH Rebuttal: Text of the Published Letter

Here in its entirety is the text of my published letter exactly as it appeared in the Dallas Morning News:

“Hunt’s op-ed piece sounds good but is grossly misleading. I am counsel to an asbestos widow who serves as a member of the Energy Future Holdings creditors’ committee in the EFH bankruptcy and to objectors who are appealing the order confirming the EFH deal with the Hunt group. As part of this deal, Hunt and his lawyers have insisted on eliminating the rights of all Luminant and Oncor employees and their families, as well as the rights of thousands of other Texans and other Americans, to fair compensation for fatal asbestos cancers that could occur in the decades ahead caused by work an EFH company did at 1,000 power plants around the world.

I agree with Hunt that it is important for the Texas PUC and all Texans to “see the facts and understand the details,” since once they understand what is truly at stake here they will conclude it would be a disaster to join him “in supporting the Hunt proposal as the very best way forward for Oncor and all of those dependent on Oncor in their daily lives.”

Steven Kazan, Oakland, Calif., Managing Partner, Kazan, McClain, Satterley & Greenwood

 

 

Mesothelioma Lawyer Ted Pelletier Named Partner at Kazan Law

mesothelioma lawyer We are pleased to announce that premier mesothelioma lawyer Ted Pelletier has been named partner at Kazan Law. We congratulate him for his distinguished accomplishments in the courtroom and the community.

Mesothelioma Lawyer Ted Pelletier

As a mesothelioma lawyer, Mr. Pelletier brings to his practice over 20 years of experience handling dozens of appeals in the California Courts of Appeal and California Supreme Court, representing many injured consumers, including those with asbestos-related illnesses.

Upon graduating with honors from Hastings College of the Law, Mr. Pelletier joined an appellate law firm where he achieved a number of victories on behalf of asbestos victims. Mr. Pelletier recollects, “I learned through that process about the disease and what it did to people. It felt great to help them.”

One of Mr. Pelletier’s proudest accomplishments was successfully representing the first Californians to sue cigarette manufacturers, including two smokers who contracted asbestos disease from smoking 1950s Kent cigarettes made with asbestos filters.

Having earned a reputation as a prominent mesothelioma lawyer, Mr. Pelletier joined Kazan Law as of counsel in 2013, where he served as lead appellate counsel in several cases involving cutting-edge legal issues in the asbestos field.  “I knew from 17 years in this field that Kazan Law was the best,” explains Pelletier. “Money doesn’t replace a person, but it can help a family pay medical bills and compensate for the loss of a loved one,” Pelletier continues, “We also help give people a sense of justice. ‘Yes, this was done to you, but we are making it so that the people who did this are held accountable.’”

Since joining Kazan Law, Mr. Pelletier successfully represented asbestos plaintiffs in many landmark Supreme Court and appellate court cases. Mr. Pelletier’s cases included Scott v. Ford Motor Co, which affirmed the plaintiff’s verdict and obtained reversal on dismissal of punitive-damages claim, Hellam v. Crane Co., which affirmed the plaintiff’s verdict and post-judgment settlement-credit issues, and Johnson v. U.S. Steel, which reversed summary judgment for benzene product defendant.

Mr. Pelletier actively participates in Kazan Law’s trials, leading the firm’s briefing on legal issues including evidentiary issues, jury instructions, and post-trial matters. In the appellate courts, he currently represents asbestos plaintiffs in several matters, including in the California Supreme Court in Webb v. Special Electric Co. In 2014, Mr. Pelletier associated in the representation of the plaintiffs in Kesner v. Pneumo Abex, obtaining a reversal of the judgment of nonsuit in the appellate court and is now acting as lead appellate counsel in the California Supreme Court.

When asked about his new position as partner, Mr. Pelletier replies that he is “thrilled to be part of the leadership team that will take Kazan Law into the future and strengthen its status as one of the premier plaintiffs’ asbestos litigation firms in the country.”

Mr. Pelletier has been happily married for over 20 years to his wife Mia, with whom he has two wonderful daughters, Sophie and Julia.

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