Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" I don't believe it was an 'act of God'; it was an act of man!' Assume that West Virginia law does not permit the exercise of in personam jurisdiction over a nonresident, such as Pittston. Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. [See Stern, at 56, 165-66.] Personal Jurisdiction-"Long Arm" Statute. 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. 2. (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. You will … (c) How, and on what grounds, might Bedell resist discovery? Get this from a library! Learn Buffalo Creek Disaster Stern with free interactive flashcards. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. Prof. Joan Steinman. (d) What is the purpose of all this jurisdiction quarreling? 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. Answer each one of the followed questions for the Buffalo Creek situation. [See Stern, at 257-63. 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 . The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than 344.754 S839. What devices might Pittston use for that purpose? The disaster at Buffalo Creek remains one of America’s most costly and … Discover the technique of doing something from numerous sources. Chicago-Kent College of Law, Illinois Institute of Technology
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? Then, the survivors counterclaim for damages. [See Stern at 181-82.]. (b) Suit was brought in West Virginia. 20). 60661-3691
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. Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) (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. In a Federal Court? ), (i) Who are the possible parties? 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. Weight: 1.15 Lbs. (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. Spring 2012
The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Report. 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. 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? The Bluebook: A Uniform System of Citation (21st Edition, 2020) Subject Matter Jurisdiction-Federal Question. In a Federal Court? Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? 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? Chicago-Kent Home Page, © 2001-12
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8. (g) How long after commencement of the action may process be served? 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. The following documents are included in the file: Complaint (pages 1 - 25) " The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." If not, why not? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. §§ 1331, 1332, 1391-92). 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. 1966 A United Kingdom coal-waste dump in South Aberfam, Wales similar to the one at Buffalo Creek collapses, killing 147 people. Free shipping for many products! DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of How should the court rule? A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. 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. 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 2. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a (f) What means are there to assure actual notice? 12. Subject Matter Jurisdiction-Ancillary Claims. 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. $45.49. Was the case appropriate for summary judgment? (See Fed.R.Civ.P . What were the actual facts which gave rise to the Buffalo Creek disaster? 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. (b) Assume that you would like to obtain information from Pittston's employees. Access content To read the fulltext, please use one of the options below to sign in or purchase access. 10. Buffalo Creek WV Disaster, 1972. tort (lawsuit dealing with injury) case. 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! Was the lawsuit proper in a West Virginia Court? 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. Is it worth it? All pages are intact, and the cover is intact. 344-a–345. I did not see that at no time when I visited the dam. What are your comments? (c) Why didn't plaintiffs sue Buffalo Mining Company? But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. 312.906.5280, © 2001-12
Part One. Product Group: Book. (3) The case arises under section 1332 of title 28 of the United States Code. You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? The Adobe Acrobat file available below contains copies of original documents used in the Buffalo Creek civil case. Would the case "arise under" federal law? (a) May you discover and use at trial documents regarding Pittston's insurance coverage? 1. How might plaintiffs depose Bedell in New York? Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. [See Stern, at 257-63. Subject Matter Jurisdiction-Pendent Claims. Usually dispatched within 4 to 5 days. If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? 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 Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. 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. 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. [See Stern, at 11, 14, 244-45.]. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. What are your comments? Buffalo Creek Disaster. (iii) Where can suit be brought? (e) Would service in New York be effective? Would the court have federal question jurisdiction to hear the case? 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. 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. 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 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? On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. ], 4. [See Stern, at 79-84, 90-97.] [See Stern, at 103-04, 123, 143-44, 257-63.]. Rebuilding A Community: The Buffalo Creek Case. The suspense grows as each side jockeys to win the case. Assume the Buffalo Creek survivors sue Buffalo Mining Company in federal court for violations of federal law. 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. 3. (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. (a) How might plaintiffs get documents from Bedell? The following hypothetical problems are based on the Buffalo Creek book. 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. Civil Procedure
[See Stern, at 118, 181-85. Commons Attribution 4.0 International License. 9. Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. Paperback. Public Libraries of Suffolk County, New York. 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). Username. 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). June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. 233 (1991). Embed this data in a secure (HTTPS) page: Creative What objections might this complaint raise from the defendant? The resulting flood killed 125 people and caused over $50 million in damage. What was the relationship between Buffalo Creek Mining Company and Pittston Co.? [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. (i) Can you simply interview present employees, rather than go through formal discovery? 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, February 26, 1972. You are the lawyer for the Buffalo Creek survivors. 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. (ii) What possible claims or causes of action are there and what kinds of relief or remedies are available? [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. What difference did it make whether the case ended up in Federal or State court? 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. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? Is Dasovich's claim proper under Rule 13 (a) or (b)? 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? 13. Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. 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. Istextbook: No. (Consider all feasible alternatives. 4.4 out of 5 stars 150. Acceptable. (c) What is the process that would be served on Pittston? (See 28 U.S.C. (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. Was this lawsuit proper in West Virginia? 2. United States Army Corps of Engineers. 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. (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . 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. Whose choice was it? May the federal court hear all these claims? 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. The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. 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. A readable copy. In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. Subject Matter Jurisdiction-Federal Question. 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. Classes with Online Materials
Pittston settled a lawsuit over this breakdown. 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. (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. … The complaint also alleged that Pittston was licensed to do business in West Virginia. In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? Buffalo Creek Flood Clio. (2) Defendant Pittston Company is a New York corporation. Why does it matter which sub-section of Rule 13 applies? American Journal of Psychiatry, 134(3), pp. Grounds, might Bedell resist discovery or causes of action are there assure! 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