8. I don't believe it was an 'act of God'; it was an act of man!' ), (i) Who are the possible parties? (i) Can you simply interview present employees, rather than go through formal discovery? Username. (a) May you discover and use at trial documents regarding Pittston's insurance coverage? 2. 10. 344-a–345. Chicago-Kent Home Page, © 2001-12 One of worst floods in US occurred here 26 February 1972, when Buffalo Mining Co. impoundment dam for mine waste broke, releasing over 130 million gallons of black waste water: killed 125; property losses over $50 million; and thousands left homeless. Would the court have federal question jurisdiction to hear the case? [See Stern, at 56, 165-66.] Learn Buffalo Creek Disaster Stern with free interactive flashcards. A readable copy. Public Libraries of Suffolk County, New York,

, The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit, Gerald M. Stern, The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit, the story of the survivors' unprecedented lawsuit. The item The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit, Gerald M. Stern represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Public Libraries of Suffolk County, New York. (g) How long after commencement of the action may process be served? (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? Civil Procedure 233 (1991). Weight: 1.15 Lbs. Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. Tel 312.906.5000; Fax Then, the survivors counterclaim for damages. If not, why not? (ii)  What possible claims or causes of action are there and what kinds of relief or remedies are available? Answer each one of the followed questions for the Buffalo Creek situation. A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." 565 W. Adams St., Chicago, Illinois Assume that suit is filed in Washington, D.C., and that Pittston moves to dismiss the case for improper venue or, in the alternative, to transfer the case to West Virginia. What are your comments? [See Stern, at 118, 181-85. (c)  How, and on what grounds, might Bedell resist discovery? By issuing a press release in the name of “Buffalo Creek Mining Company,” Pittson hoped that any lawsuits brought as a result of the disaster would be brought against Buffalo Mining, instead of against Pittson. Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. You are the lawyer for the Buffalo Creek survivors. If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? In a few short minutes, the dam virtually disappeared, and a torrent of water began a 17-mile trip down the narrow Buffalo Creek valley in rural Logan County, West Virginia. Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? Buffalo Creek Flood Clio. 1. 60661-3691 Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. How should the court rule? It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. Times New Roman Arial Wingdings Soaring Buffalo Creek Disaster Gerald Stern’s Reflections… SETTLEMENT Lawsuit is a contest No Slide Title No Slide Title No Slide Title Obstacles Obstacles-cont. The following documents are included in the file: Complaint (pages 1 - 25) June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. Was this lawsuit proper in West Virginia? What was the relationship between Buffalo Creek Mining Company and Pittston Co.? 20). The Buffalo Creek Flood: An Act of Man Directed by Mimi Pickering B&W, 40 minutes, 1975; FILM TRANSCRIPT "I didn't see God a drivin' them slate trucks and wearing a hard hulled cap. (b) Suit was brought in West Virginia. On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. Subject Matter Jurisdiction-Federal Question. (c) Why didn't plaintiffs sue Buffalo Mining Company? Free shipping for many products! The disaster at Buffalo Creek remains one of America’s most costly and … The litigation Stern wrote about arose from a 1972 disaster when a dam collapsed on the Buffalo Creek in West Virginia causing 125 deaths, 1000 destroyed homes and hundreds of injuries. (b) Based on Pittston's negligence, survivors sought compensatory damages for the injuries they had suffered to property and person, and based on Pittston's reckless and wanton conduct, they sought punitive damages. What are your comments? Istextbook: No. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. (b) Assume that you would like to obtain information from Pittston's employees. Assume the survivors of the Buffalo Creek disaster sue in federal court solely under state common law, asserting that any violation of federal law by the defendants [see Stern, at 56,165-66]was either evidence of negligence or negligence per se. What were the actual facts which gave rise to the Buffalo Creek disaster? … Spring 2012 (See 28 U.S.C. (d) What is the purpose of all this jurisdiction quarreling? Personal Jurisdiction-"Long Arm" Statute, Stern hired a local history teacher in Williamson, Kentucky, to debrief the plaintiffs after their medical examinations by the defendant's doctors and to report her findings. [See Stern at 181-82.]. $45.49. Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit. Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. [See Stern, at 11, 14, 244-45.]. How might plaintiffs depose Bedell in New York? Was the lawsuit proper in a West Virginia Court? (c) What is the process that would be served on Pittston? Binding: Hardcover. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. Assume that West Virginia law does not permit the exercise of in personam jurisdiction over a nonresident, such as Pittston. A U.S. Geological Survey geologist inspects the Buffalo Creek dam and concludes that it was basically “unstable” and that “the bank [was] subject to large wash-out … [See Stern, at 257-63. Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) May the federal court hear all these claims? Audio The Buffalo Creek Disaster Story Of Survivors Unprecedented Lawsuit By Stern Gerald M. The Buffalo Creek Disaster On Le S. ... E The Buffalo Creek Disaster How Survivors Of One Worst Disasters In Coal Mining Brought S Uit Against Pany And Won Read. In a Federal Court? Embed this data in a secure (HTTPS) page: Creative Title: BUFFALO CREEK DISASTER Author: Janet Rifkin Last modified by: Amity Lee-Bradley Created Date: 2/15/2001 2:40:40 PM Document presentation format 312.906.5280, © 2001-12 4.4 out of 5 stars 150. (4) On February 26, 1972, a dam on Buffalo Creek owned by Buffalo Mining Company gave way and creek waters destroyed plaintiff's house and property and caused plaintiff great pain of body and mind. was negligent, grossly negligent and with wanton, willful, reckless intentional disregard of the live and property of the Plaintiffs and Plaintiffs descendants and as a direct result Dam 3, and then 1 and 2 failed causing massive damages and killing 125 men, women and children. In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? Buffalo Creek WV Disaster, 1972. Assume the Buffalo Creek survivors sue Buffalo Mining Company in federal court for violations of federal law. 13. (3)  The case arises under section 1332 of title 28 of the United States Code. Would the case "arise under" federal law? Plaintiffs sought to take the deposition in New York City of Albert Bedell of Johnson & Higgins, Pittston's independent insurance broker, and to obtain documents about the $400,000 "glaring deductible" in Pittston's insurance coverage. The 21 recommendations made by the Citizens’ commission regarding the Buffalo Creek Disaster include (Erikson, 1976): Prosecuting the Buffalo Mining Pittston Company in front of a grand jury for their negligence; The state suing the company for the damages to roads and brides The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" Paperback. Usually dispatched within 4 to 5 days. (Consider all feasible alternatives. [See Stern, at 103-04, 123, 143-44, 257-63.]. Pittston’s attorneys the attempt the old “divide and conquer” move, where it pits two of the most labor intensive aspects of discovery (depositions both of the plaintiffs and Pittston execs). Is it worth it? Part One. Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. Subject Matter Jurisdiction-Federal Question. In a Federal Court? 2. 12. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. The resulting flood killed 125 people and caused over $50 million in damage. What difference did it make whether the case ended up in Federal or State court? Buffalo Creek Disaster. I did not see that at no time when I visited the dam. 344.754 S839. Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. Assume that you are called upon to critique the following body of a federal complaint to be filed on behalf of one of the survivors who wished to proceed separately. The Buffalo Creek Disaster • Buffalo Creek Hollow was a small valley that consisted of about seventeen coal communities which were adjacent to Buffalo Creek • When operation of the mine commenced in 1945 the practice dumping of slurry, or coal mining waste into the hollow also began. (a) How might plaintiffs get documents from Bedell? (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? Pittston settled a lawsuit over this breakdown. But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. The suspense grows as each side jockeys to win the case. Was the case appropriate for summary judgment? Personal Jurisdiction-"Long Arm" Statute. Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. Subject Matter Jurisdiction-Pendent Claims. Stern's complaint alleged that Pittston was incorporated under the laws of Delaware and Virginia, and that Pittston had principal executive offices in New York City and principal operating offices in Dante, Virginia. 1966 A United Kingdom coal-waste dump in South Aberfam, Wales similar to the one at Buffalo Creek collapses, killing 147 people. Why does it matter which sub-section of Rule 13 applies? The collapse of the Buffalo Creek dam and subsequent flood disaster has received a great deal of attention in the literature since its occurrence in 1972. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a The Bluebook: A Uniform System of Citation (21st Edition, 2020) 3. Rebuilding A Community: The Buffalo Creek Case. Would you advise the firm to do to contest the court's exercise of personal jurisdiction, assuming that the Kentucky state legislature had enacted a typical "long arm" statute, such as that of Illinois? The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. The Buffalo Creek flood was a disaster that occurred on February 26, 1972, when the Pittston Coal Company's coal slurry impoundment dam #3, located on a hillside in Logan County, West Virginia, burst, four days after having been declared "satisfactory" by a federal mine inspector. The Buffalo Creek Disaster, February 26, 1972. tort (lawsuit dealing with injury) case. American Journal of Psychiatry, 134(3), pp. Get this from a library! Is Dasovich's claim proper under Rule 13 (a) or (b)? All pages are intact, and the cover is intact. [See Stern, at 11,14], (b) Even if plaintiffs "pierce the corporate veil" of Buffalo Mining Company to sue Pittston Company, how might Pittston still defeat federal diversity jurisdiction? 9. The Buffalo Creek Disaster1 is a story of an unfortunate accident that occurred on February 26, 1972 in Buffalo Creek Valley, WV, as a result of the collapse of a coal company’s waste refuse pile. DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of Chicago-Kent College of Law, Illinois Institute of Technology Product Group: Book. What devices might Pittston use for that purpose? United States Army Corps of Engineers. [See Stern, at 257-63. Whose choice was it? Subject Matter Jurisdiction-Ancillary Claims. " The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." Upon completion of the book The Buffalo Creek Disaster, please write a 1,800 – 2,000-words paper discussing what you read, along with the issues that existed in this case, and the process that took place in order for the dispute to be resolved through our judicial system. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? (f) What means are there to assure actual notice? Find many great new & used options and get the best deals for The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit by Gerald M. Stern (Hardcover) at the best online prices at eBay! ], 4. (e) Would service in New York be effective? The following hypothetical problems are based on the Buffalo Creek book. [See Stern, at 79-84, 90-97.] They are based upon hypotheticals proposed by Professor Charles A. Rees, in his article, A Calendar of Buffalo Creek Hypotheticals for the Civil Procedure Course, 18 Ohio N. L. Rev . Keeping in mind the cumulative requirements of subject matter jurisdiction, jurisdiction over the person, and venue, in what federal districts could the survivors sue Pittston? Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal-Mining History Brought Suit Against the Coal Company--And Won Gerald M Stern. You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. 2. Further assume that Dasovich, whose home was destroyed in the disaster, counterclaims against Pittston under Federal Rule 13 for his loss, and that the survivor-plaintiff then asserts a claim directly against Dasovich. Assume also that Pittston impleads Steve Dasovich, head of Buffalo Mining Company's operation [see Stern, at 74], under Federal Rule 14 for indemnification based on the common law right of a master, liable only on a master/servant basis, to recover against its negligent servant. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? (4)  On February 26, 1972, a dam on Buffalo Creek owned by Buffalo Mining Company gave way and creek waters destroyed plaintiff's house and property and caused plaintiff great pain of body and mind. Personal login. Discover the technique of doing something from numerous sources. The complaint also alleged that Pittston was licensed to do business in West Virginia. The Adobe Acrobat file available below contains copies of original documents used in the Buffalo Creek civil case. Assume that the teacher was hired and directed by Stern via telephone from D.C., and that her reports and bill for $12,500 (625 Plaintiffs at $20 per report) were delivered to Stern, by mail, in D.C. Further assume that Stern, claiming the bill was excessive, refused to pay and that the teacher, serving process on Arnold & Porter by mail (in D.C.), initiated an action against the firm for that sum in federal court in Kentucky. Commons Attribution 4.0 International License. (2)  Defendant Pittston Company is a New York corporation. §§ 1331, 1332, 1391-92). If the survivors sued Pittston in a West Virginia state court, would that court be able to exercise jurisdiction over Pittston if the state legislature had enacted a typical "long arm" statute, such as that of Illinois? The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. Acceptable. You will … For the first class in Foundations, you must hand in a 2-page written explanation of the lawyers’ solution to one of the legal problems in The Buffalo Creek Disaster (see page 2). Classes with Online Materials (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . May the plaintiffs proceed quasi in rem, by attaching obligations of Pittston insurers who do business in West Virginia, to defend and indemnify Pittston in lawsuits? (iii)  Where can suit be brought? (See Fed.R.Civ.P . Prof. Joan Steinman. Report. What objections might this complaint raise from the defendant? [Gerald M Stern] -- Behind-the-scenes account by the attorney from the Washington D.C. law firm that represented the Buffalo Creek Disaster survivors in a lawsuit. Public Libraries of Suffolk County, New York. Access content To read the fulltext, please use one of the options below to sign in or purchase access. Assume that, in order to clear the way for approval of a proposed oil refinery in Maine by removing the potential threat to Pittston's financial condition posed by the Buffalo Creek disaster, before being sued by any survivors of that disaster, Pittston and Buffalo Mining Company sue the survivors in federal court asking for a declaratory judgment, contending that they (Pittston and BMC)are not liable to the survivors under federal or state law. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Was brought in West Virginia Kingdom coal-waste dump in South Aberfam, Wales to. On a state law claim 134 ( 3 ) the concerns of civil Procedure include can. It was an 'act of God ' ; it was an 'act God. Sir Vivor, lives in Buffalo Creek survivors: ( a ) what means are to. 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