Cancer Law Mesothelioma

Exceptions To The Statue Of Limitations

The statue of limitation is the specific statute that sets the period of time when a person can bring an action as plaintiff. After the state of limitations the right to bring an action expires and the claimant cannot being a lawsuit. It is a rule that is almost set in stone. Generally speaking nothing can be done once the statute of limitations runs out, but there are a few exceptions. The exceptions are few and depending on discretion. There is no statute providing for a specific extension period. The amount of time by which a statue can be extended varies and whether or not the statute is extended depends on the sound discretion of the judge.

An exception to the statue of limitation is called equitable tolling. In equitable tolling the prospective plaintiff is allowed to commence an action past the statue of limitations. In John McDonald v. Antelope Valley Community College District, 45 Cal.4th 88, 84 Cal.Rptr.3d 734 (2008), the court explained the principals of equitable tolling. In McDonald the trial court entered summary judgment in favor of defendant community college district on the grounds that the claim was untimely under California Government Code Section 12900 et seq. The plaintiff argued equitable tolling, but the trial court held that equitable tolling was not available because procedure followed by plaintiff was voluntary and need not be exhausted before proceeding with a lawsuit. The court of appeal reversed holding that the traditional equitable tolling principles may apply to extend the state of limitations for filing a FEHA administrative complaint. The matter was appealed to the California Supreme Court and the Supreme Court held that the statute is tolled.

The court explained that the equitable tolling of the statue of limitations is a judically created, nonstatutory doctrine. The court explained that the doctrine of equitable tolling is designed to prevent unjust and technical forfeitures of the right to a trial on the merits when the purpose of the statute of limitations has been satisfied. The legitimacy of the doctrine is unquestioned. It is a creature of the judiciary’s inherent power to formulate rules of procedure where justice demands it. The power is as old as the republic. The United States Supreme Court itself suspended the statute of limitations, because of the Revolutionary War.

Tolling the statute of limitations eases the pressure on parties concurrently seeking redress in two different forums with the danger of conflicting decisions on the same issue. By allowing the plaintiff eliminate the fear of claim forfeiture the plaintiff can pursue informal remedies, which are encouraged by the courts. The court explained that the tolling doctrine does not compromise defendants’ significant interest in being promptly apprised of claims against them in order that they may gather evidence. The notice interest is satisfied by the filing of the first proceeding that gives rise to tolling. The court system also prefers to encourage one filing instead of duplicate filings which increases costs and the potentially conflicting results.

The principal of equitable tolling is a not well known but available remedy to the statute of limitations running out.

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Mesothelioma is an extremely deadly cancer of the membrane that lines the abdominal cavity and internal organs. There is no cure, and the only known cause is exposure to asbestos. The cancer occurs most often in the pleura (membrane between the lungs and the ribs), but it can spread or occur locally in the lining of abdominal organs or heart, as well. Any cancer can have a faster onset due to various factors, known and unknown (smoking, genetic predisposition, etc.). As for this rare form of cancer, any person who inhaled asbestos fibers can contract mesothelioma. Contact our lawyers today for an immediate and confidential evaluation of your case.

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www.kazanlaw.com Attorney Steven Kazan is a nationally recognized plaintiffs’ lawyer. He has built a reputation on asbestos litigation, representing people diagnosed with mesothelioma, lung cancer, asbestosis and other asbestos-related diseases. Visit Mr. Kazans website at http to learn about different types of mesothelioma, treatments, and risks, as well as asbestos and diseases linked to it. You may contact Attorney Steven Kazan at: Kazan, McClain, Abrams, Lyons, Greenwood & Harley 171 Twelve Street, 3rd Floor Oakland, California 94607 Phone: (510) 302-1000 Toll Free: (877) 995-6372 Website: www.kazanlaw.com

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If you or someone you know has been diagnosed with Mesothelioma or lung cancer as a result from exposure to asbestos, call Parilman & Associates for the help you deserve. Parilman & Associates has qualified, experienced attorneys that provide nationwide representation.

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Serling Law Firm- Call 800-995-6991 Mesothelioma Lawyer Lansing Michigan-Mesothelioma Lawyer Michael Serling is a Trial Lawyer devoted to representing the rights of victims of Asbestos Exposure and their families. Mr. Serling has a reputation for taking large corporations to trial and holding them accountable for their actions. Get the Justice You Deserve Call 800-995-6991 www.serlinglawpc.com

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www.kazanlaw.com – Located in Oakland, California,Kazan Law has a nationwide practice and reputation in asbestos litigation. Our particular expertise is as mesothelioma lawyers in California – experienced attorneys fighting for victims of mesothelioma cancer, a disease that is a result of exposure to airborne asbestos fibers. In this video, you will learn more about a third party lawsuit against your employer. To learn more about your legal options, or to contact our lawyers, please visit http You may contact our lawyers at: Kazan, McClain, Lyons, Greenwood & Harley, PLC Jack London Market 55 Harrison St. Suite 400 Oakland, CA 94607 Phone: 1-877-995-6372 Website: www.kazanlaw.com

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Home test kits for asbestos testing are sold in several stores and online, and this article reviews these asbestos home test kits to determine whether they are a good deal or not. The asbestos test kits seem like an inexpensive way to assess asbestos exposure, but do they work and are the worth the price? The short answer is that they are a scam, but this is explained further below.

Why Test for Asbestos?

Asbestos is mineral that can form in such small fibers that it can easily become airborne and inhaled into the lungs. Once this occurs, there is a chance of asbestosis and mesothelioma cancer occurring. The more frequently and longer this occurs, the better chance of these illnesses developing.

Test Kit Issues

The first thing one must do before purchasing a home test kit is to determine if lab fees are covered in the cost. Asbestos presence in materials cannot be determined without analysis by a microscope, so for the most part these test kits are simply ’sampling’ kits. The real analysis is performed in the lab. The problem is if the kit does not include lab fees, then you are basically just paying for a few Ziploc plastic bags. That is pretty much all these kits contain – a few Ziploc bags to put your samples into before sending them off to the lab. How much does 2-3 Ziploc bags cost? I would hazard that they are less than an asbestos test kit.

The next issue is if you go ahead and spend the money for the handful of Ziploc bags (a.k.a. ‘test kit’), is the lab that is chosen for you going to give you a good deal? The answer is likely ‘no’. The lab fees with these kits can run $40. Many asbestos labs hate dealing with private individuals, but they will still quote a ‘high’ fee of $20 or so. Their real industry clients often get quoted $6 to $10 per sample, and you can sometimes find labs that will give this price to random Joe’s off the street as well. The US government maintains a list of accredited labs at ts.nist.gov/Standards/scopes/plmtm.htm.

Conclusion

So the problem with these home test kits is that first you pay several dollars for several cents worth of the Ziploc bags, then if you follow the instructions you will send these to a lab that will way over-charge you. You can just as easily buy your own Ziploc bags and send the samples to whatever lab gives you the best deal.

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