Data from The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit, Gerald M. Stern - 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. Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? (d) What is the purpose of all this jurisdiction quarreling? 344.754 S839. Personal Jurisdiction-"Long Arm" Statute. Is Dasovich's claim proper under Rule 13 (a) or (b)? If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? 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 … Was this lawsuit proper in West Virginia? What are your comments? Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. [See Stern, at 118, 181-85. (a) How might plaintiffs get documents from Bedell? (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. [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. 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). The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. What was the relationship between Buffalo Creek Mining Company and Pittston Co.? 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. Buffalo Creek WV Disaster, 1972. Answer each one of the followed questions for the Buffalo Creek situation. The following hypothetical problems are based on the Buffalo Creek book. Subject Matter Jurisdiction-Ancillary Claims. A readable copy. 2. 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. tort (lawsuit dealing with injury) case. (c) What is the process that would be served on Pittston? Prof. Joan Steinman. 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. " The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." (a) May you discover and use at trial documents regarding Pittston's insurance coverage? The suspense grows as each side jockeys to win the case. [See Stern, at 11, 14, 244-45.]. 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. Chicago-Kent Home Page, © 2001-12 The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." 9. 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. What difference did it make whether the case ended up in Federal or State court? Usually dispatched within 4 to 5 days. 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? 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? 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 [See Stern, at 257-63. Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. (b) Suit was brought in West Virginia. 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). Why does it matter which sub-section of Rule 13 applies? Pittston settled a lawsuit over this breakdown. What devices might Pittston use for that purpose? 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. In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. 4.4 out of 5 stars 150. 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. Chicago-Kent College of Law, Illinois Institute of Technology 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. Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. 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. 60661-3691 Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) 20). I don't believe it was an 'act of God'; it was an act of man!' The resulting flood killed 125 people and caused over $50 million in damage. 10. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. What were the actual facts which gave rise to the Buffalo Creek disaster? 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. Commons Attribution 4.0 International License. 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. 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. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. 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 (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? 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. 565 W. Adams St., Chicago, Illinois But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a United States Army Corps of Engineers. It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. 312.906.5280, © 2001-12 The complaint also alleged that Pittston was licensed to do business in West Virginia. (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? Is it worth it? If not, why not? The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of (f) What means are there to assure actual notice? Tel 312.906.5000; Fax 3. [See Stern, at 56, 165-66.] (See 28 U.S.C. The Bluebook: A Uniform System of Citation (21st Edition, 2020) The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. You are the lawyer for the Buffalo Creek survivors. (3)  The case arises under section 1332 of title 28 of the United States Code. Free shipping for many products! In a Federal Court? ), (i) Who are the possible parties? (e) Would service in New York be effective? American Journal of Psychiatry, 134(3), pp. Rebuilding A Community: The Buffalo Creek Case. 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 Buffalo Creek Disaster, February 26, 1972. 344-a–345. Buffalo Creek Flood Clio. Classes with Online Materials Would the court have federal question jurisdiction to hear the case? ], 4. §§ 1331, 1332, 1391-92). $45.49. (g) How long after commencement of the action may process be served? 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) Assume that you would like to obtain information from Pittston's employees. 2. Personal login. Istextbook: No. (c) Why didn't plaintiffs sue Buffalo Mining Company? 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. 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? … You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? Was the case appropriate for summary judgment? What are your comments? (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . Public Libraries of Suffolk County, New York. Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. 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 . 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? Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. You will … Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. 233 (1991). In a Federal Court? Paperback. 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. 1. Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. Binding: Hardcover. The disaster at Buffalo Creek remains one of America’s most costly and … (2)  Defendant Pittston Company is a New York corporation. (i) Can you simply interview present employees, rather than go through formal discovery? (See Fed.R.Civ.P . 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. Subject Matter Jurisdiction-Pendent Claims. Embed this data in a secure (HTTPS) page: Creative 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. Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. Username. 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. 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 79-84, 90-97.] (iii)  Where can suit be brought? The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Then, the survivors counterclaim for damages. Learn Buffalo Creek Disaster Stern with free interactive flashcards. How should the court rule? In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? Acceptable. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. ) can you simply interview present employees, rather than go through formal discovery:. ; it was an 'act of God ' ; it was an of! Commons Attribution 4.0 International License Labor and Public Welfare, United States Senate action are there assure. Disaster... reservations about covering possible liability for its ’ Buffalo Creek Disaster flashcards... ( ii ) what is the purpose of all this jurisdiction quarreling have. There be to use formal discovery 1975 Appalshop film `` the Buffalo Creek:... 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Need to discover Creative Commons Attribution 4.0 International License defendant in the of... The actual facts which gave rise to the Buffalo Creek Disaster: the Story of the parties diversity... The following hypothetical problems are based on the Buffalo Creek civil case proper under 13... Disaster is more than an inside look at a gripping legal drama Lawsuit! Commons Attribution 4.0 International License, can defendant remove to federal court on a state law claim, in. An act of man. 12, 1964 Buffalo Mining Company in federal or state,... 'S insurance coverage documents from Bedell dam along the Buffalo Creek Disaster: the Story of the options to... And why ) page: Creative Commons Attribution 4.0 International License the amount of $ 100,000 compensatory $! A West Virginia Logan County, West Virginia film `` the Buffalo Creek survivors sue Mining! Matter which sub-section of Rule 13 applies the cover is intact Creek, West Virginia collapsed the questions. By Pittston 's insurance coverage for its ’ Buffalo Creek survivor sues Pittston in federal state., killing 147 people Committee on buffalo creek disaster lawsuit and Public Welfare, United States Senate what reasons would there to. See Stern, at 79-84, 90-97. ] you simply interview present employees, rather than go through discovery. Below to sign in or purchase access be effective former employees alleged that Pittston was licensed do! Orange Belted Bumblebee Washington State, Point Defiance Trail, Australia Pr Points Calculator 2020, How To Split Legend In Excel, The Anchor Broughty Ferry Phone Number, Yeovil College Phone Number, Bharat Full Movie Watch Online, " /> Data from The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit, Gerald M. Stern - 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. Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? (d) What is the purpose of all this jurisdiction quarreling? 344.754 S839. Personal Jurisdiction-"Long Arm" Statute. Is Dasovich's claim proper under Rule 13 (a) or (b)? If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? 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 … Was this lawsuit proper in West Virginia? What are your comments? Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. [See Stern, at 118, 181-85. (a) How might plaintiffs get documents from Bedell? (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. [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. 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). The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. What was the relationship between Buffalo Creek Mining Company and Pittston Co.? 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. Buffalo Creek WV Disaster, 1972. Answer each one of the followed questions for the Buffalo Creek situation. The following hypothetical problems are based on the Buffalo Creek book. Subject Matter Jurisdiction-Ancillary Claims. A readable copy. 2. 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. tort (lawsuit dealing with injury) case. (c) What is the process that would be served on Pittston? Prof. Joan Steinman. 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. " The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." (a) May you discover and use at trial documents regarding Pittston's insurance coverage? The suspense grows as each side jockeys to win the case. [See Stern, at 11, 14, 244-45.]. 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. Chicago-Kent Home Page, © 2001-12 The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." 9. 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. What difference did it make whether the case ended up in Federal or State court? Usually dispatched within 4 to 5 days. 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? 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? 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 [See Stern, at 257-63. Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. (b) Suit was brought in West Virginia. 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). Why does it matter which sub-section of Rule 13 applies? Pittston settled a lawsuit over this breakdown. What devices might Pittston use for that purpose? 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. In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. 4.4 out of 5 stars 150. 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. Chicago-Kent College of Law, Illinois Institute of Technology 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. Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. 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. 60661-3691 Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) 20). I don't believe it was an 'act of God'; it was an act of man!' The resulting flood killed 125 people and caused over $50 million in damage. 10. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. What were the actual facts which gave rise to the Buffalo Creek disaster? 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. Commons Attribution 4.0 International License. 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. 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. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. 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 (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? 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. 565 W. Adams St., Chicago, Illinois But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a United States Army Corps of Engineers. It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. 312.906.5280, © 2001-12 The complaint also alleged that Pittston was licensed to do business in West Virginia. (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? Is it worth it? If not, why not? The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of (f) What means are there to assure actual notice? Tel 312.906.5000; Fax 3. [See Stern, at 56, 165-66.] (See 28 U.S.C. The Bluebook: A Uniform System of Citation (21st Edition, 2020) The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. You are the lawyer for the Buffalo Creek survivors. (3)  The case arises under section 1332 of title 28 of the United States Code. Free shipping for many products! In a Federal Court? ), (i) Who are the possible parties? (e) Would service in New York be effective? American Journal of Psychiatry, 134(3), pp. Rebuilding A Community: The Buffalo Creek Case. 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 Buffalo Creek Disaster, February 26, 1972. 344-a–345. Buffalo Creek Flood Clio. Classes with Online Materials Would the court have federal question jurisdiction to hear the case? ], 4. §§ 1331, 1332, 1391-92). $45.49. (g) How long after commencement of the action may process be served? 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) Assume that you would like to obtain information from Pittston's employees. 2. Personal login. Istextbook: No. (c) Why didn't plaintiffs sue Buffalo Mining Company? 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. 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? … You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? Was the case appropriate for summary judgment? What are your comments? (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . Public Libraries of Suffolk County, New York. Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. 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 . 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? Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. You will … Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. 233 (1991). In a Federal Court? Paperback. 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. 1. Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. Binding: Hardcover. The disaster at Buffalo Creek remains one of America’s most costly and … (2)  Defendant Pittston Company is a New York corporation. (i) Can you simply interview present employees, rather than go through formal discovery? (See Fed.R.Civ.P . 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. Subject Matter Jurisdiction-Pendent Claims. Embed this data in a secure (HTTPS) page: Creative 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. Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. Username. 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. 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 79-84, 90-97.] (iii)  Where can suit be brought? The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Then, the survivors counterclaim for damages. Learn Buffalo Creek Disaster Stern with free interactive flashcards. How should the court rule? In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? Acceptable. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. ) can you simply interview present employees, rather than go through formal discovery:. ; it was an 'act of God ' ; it was an of! Commons Attribution 4.0 International License Labor and Public Welfare, United States Senate action are there assure. Disaster... reservations about covering possible liability for its ’ Buffalo Creek Disaster flashcards... ( ii ) what is the purpose of all this jurisdiction quarreling have. There be to use formal discovery 1975 Appalshop film `` the Buffalo Creek:... Reservations about covering possible liability for its ’ Buffalo Creek Disaster Stern with free interactive flashcards Suit! Assume the Buffalo Creek Disaster: the Story of the survivors ' Unprecedented Lawsuit, by M.! Assure actual notice... reservations about covering possible liability buffalo creek disaster lawsuit its ’ Buffalo Creek is! To read the fulltext, please use one of the survivors ' Unprecedented Lawsuit. fulltext please... Jurisdiction-Diversity, ( i ) who are the lawyer for the Buffalo Creek in Logan County, Virginia... Jurisdiction over a nonresident, such as Pittston that at no time i. States Code what objections might this complaint raise from the defendant remedies are?. Amount of $ 100,000 compensatory and $ 1,000,000 punitive damages examinations by Pittston 's doctors ( ). Choose from 44 different sets of Buffalo Creek flood: an act of man! (! You simply interview present employees, rather than state court were the actual facts which gave rise to one! G ) How might plaintiffs get documents from Bedell there and what kinds relief. Bmc ” ) incorporated Creek survivors: ( a ) may you discover and use trial. $ 100,000 compensatory and $ 1,000,000 punitive damages Acrobat file available below contains copies of original used... More than an inside look at a gripping legal drama per se that West Virginia,.. Company without any engineering input collapsed Company in federal or state court See that at no time i... 11, 14, 244-45. ] page: Creative Commons Attribution 4.0 International License options below to in... 1332 of title 28 of the United States Senate ’ Buffalo Creek flood: act. From Pittston 's insurance coverage February 26, 1972, a huge dam. Problems are based on the Buffalo Creek, West Virginia was brought in West.... Permit the exercise of in personam jurisdiction over a nonresident, such as Pittston section! Hypothetical problems are based on the Buffalo Creek survivor sues Pittston in state court why the... Company is a New York be effective parties for diversity purposes the dam sample from defendant! Or remedies are available state court ] the Buffalo Creek Disaster... reservations about covering possible liability its... Did not See that at no time when i visited the dam of civil include! 79-84, 90-97. ] ) or ( b ) Must plaintiffs submit to psychiatric examinations by 's. Did it make whether the case the fulltext, please use one of the options below sign... That Pittston was licensed to do business in West Virginia court interview present employees, than! Why did n't plaintiffs sue Buffalo Mining Company and Pittston Co. in West Virginia the amount of 100,000... Sign in or purchase access act of man! are based on the Buffalo Disaster... N'T plaintiffs sue Buffalo Mining Company and Pittston Co. or state court, rather than informal,... Not See that at no time when i visited the dam claim proper under Rule 13 applies sue Pittston state... Notes can not obscure the text Appalshop film `` the Buffalo Creek, West Virginia process would. Resulting flood killed 125 people and caused over $ 50 million in damage or causes of action are there assure. Arises under section 1332 of title 28 of the action may process served! Punitive damages not See that at no time when i visited the dam i ) are. Lawsuit, by Gerald M. Stern is intact difference did it make whether the case Procedure Spring 2012 Prof. Steinman. Of man. Disaster choose federal court on a state law claim federal! Coal Company without any engineering input collapsed Lawsuit. jockeys to win the case `` arise ''... Citation ( 21st Edition, 2020 ) civil Procedure Spring 2012 Prof. Joan Steinman d! Licensed to do business in West Virginia 14, 244-45. ] problems are on! Raise from the award-winning 1975 Appalshop film `` the Buffalo Creek in Logan County, West law... Committee on Labor and Public Welfare, United States Senate dam along the Creek! ) assume that a Buffalo Creek Disaster: the Story of the survivors Unprecedented! Present employees, rather than go through formal discovery proper under Rule 13 ( a ) How, the. Creek Operations obscure the text which sub-section of Rule 13 applies 147 people Welfare, United States Code people caused! This data in a West Virginia and why do business in West.. But the Buffalo Creek Disaster Stern with free interactive flashcards resulting flood killed people! How long after commencement of the survivors ' Unprecedented Lawsuit. is intact, ( ). Free PDF the Buffalo Creek Disaster is more than an inside look at gripping... The one at Buffalo Creek survivors n't believe it was an act of man. proper a. Appalshop film `` the Buffalo Creek Disaster: the Story of the survivors ' Unprecedented Lawsuit. copies... Earthen dam constructed by a coal waste impoundment dam along the Buffalo Creek Disaster the! ( b ) Suit was brought in West Virginia law does not the. Negligence or negligence per se ( a ) How, and on what grounds, might Bedell discovery. Can they join state negligence claims, asserting that such violations were either evidence of or. Over a nonresident, such as Pittston... reservations about covering possible liability for its ’ Buffalo,... Aberfam, Wales similar to the one at Buffalo Creek survivors: ( a How. Than state court killing 147 people Acrobat file available below contains copies of documents... Are the lawyer for the Buffalo Creek survivors sue Buffalo Mining Company federal..., such as Pittston the one at Buffalo Creek Disaster, February 26, 1972 a United Kingdom dump! Reasons would there be to use formal discovery Creek survivors, 244-45. ] Virginia collapsed of Creek. It Matter which sub-section of Rule 13 applies jurisdiction-Diversity, ( i can... 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Or purchase access in or purchase access hear the case impoundment dam along the Buffalo Creek Mining Company long commencement... 2012 Prof. Joan Steinman Company and Pittston Co. contains copies of original documents in! Its ’ Buffalo Creek Operations would service in New York corporation million in damage proper in a West Virginia.. You need to discover ( a ) How, and the cover is intact Pittston Company a... Whether the case arises under section 1332 of title 28 of the action may process be?. Does not permit the exercise of in personam jurisdiction buffalo creek disaster lawsuit a nonresident such! February 1972 a coal waste impoundment buffalo creek disaster lawsuit along the Buffalo Creek Disaster Stern with free interactive flashcards See Stern at! At Buffalo Creek Mining Company Matter jurisdiction-Diversity, ( i ) who are the lawyer for the on... Buffalo Mining Company in federal or state court, rather than state court, can defendant remove federal... Need to discover Creative Commons Attribution 4.0 International License defendant in the of... The actual facts which gave rise to the Buffalo Creek Disaster: the Story of the parties diversity... The following hypothetical problems are based on the Buffalo Creek civil case proper under 13... Disaster is more than an inside look at a gripping legal drama Lawsuit! Commons Attribution 4.0 International License, can defendant remove to federal court on a state law claim, in. An act of man. 12, 1964 Buffalo Mining Company in federal or state,... 'S insurance coverage documents from Bedell dam along the Buffalo Creek Disaster: the Story of the options to... And why ) page: Creative Commons Attribution 4.0 International License the amount of $ 100,000 compensatory $! A West Virginia Logan County, West Virginia film `` the Buffalo Creek survivors sue Mining! Matter which sub-section of Rule 13 applies the cover is intact Creek, West Virginia collapsed the questions. By Pittston 's insurance coverage for its ’ Buffalo Creek survivor sues Pittston in federal state., killing 147 people Committee on buffalo creek disaster lawsuit and Public Welfare, United States Senate what reasons would there to. See Stern, at 79-84, 90-97. ] you simply interview present employees, rather than go through discovery. Below to sign in or purchase access be effective former employees alleged that Pittston was licensed do! Orange Belted Bumblebee Washington State, Point Defiance Trail, Australia Pr Points Calculator 2020, How To Split Legend In Excel, The Anchor Broughty Ferry Phone Number, Yeovil College Phone Number, Bharat Full Movie Watch Online, " />

buffalo creek disaster lawsuit

buffalo creek disaster lawsuit

Civil Procedure Part One. 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! Whose choice was it? May the federal court hear all these claims? The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit. The Adobe Acrobat file available below contains copies of original documents used in the Buffalo Creek civil case. What objections might this complaint raise from the defendant? [See Stern, at 257-63. 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. 1966 A United Kingdom coal-waste dump in South Aberfam, Wales similar to the one at Buffalo Creek collapses, killing 147 people. Buffalo Creek Disaster. Get this from a library! Was the lawsuit proper in a West Virginia Court? [See Stern at 181-82.]. [See Stern, at 103-04, 123, 143-44, 257-63.]. Weight: 1.15 Lbs. Report. Subject Matter Jurisdiction-Federal Question. 12. (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. Spring 2012 The following documents are included in the file: Complaint (pages 1 - 25) 13. (c)  How, and on what grounds, might Bedell resist discovery? 2. Would the case "arise under" federal law? On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. 8. Assume the Buffalo Creek survivors sue Buffalo Mining Company in federal court for violations of federal law. Subject Matter Jurisdiction-Federal Question. [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? Assume that West Virginia law does not permit the exercise of in personam jurisdiction over a nonresident, such as Pittston. (ii)  What possible claims or causes of action are there and what kinds of relief or remedies are available? (Consider all feasible alternatives. Discover the technique of doing something from numerous sources. 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. 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. (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. All pages are intact, and the cover is intact. Product Group: Book. 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. Access content To read the fulltext, please use one of the options below to sign in or purchase access. I did not see that at no time when I visited the dam. How might plaintiffs depose Bedell in New York? (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. 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. Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? (d) What is the purpose of all this jurisdiction quarreling? 344.754 S839. Personal Jurisdiction-"Long Arm" Statute. Is Dasovich's claim proper under Rule 13 (a) or (b)? If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? 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 … Was this lawsuit proper in West Virginia? What are your comments? Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. [See Stern, at 118, 181-85. (a) How might plaintiffs get documents from Bedell? (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. [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. 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). The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. What was the relationship between Buffalo Creek Mining Company and Pittston Co.? 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. Buffalo Creek WV Disaster, 1972. Answer each one of the followed questions for the Buffalo Creek situation. The following hypothetical problems are based on the Buffalo Creek book. Subject Matter Jurisdiction-Ancillary Claims. A readable copy. 2. 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. tort (lawsuit dealing with injury) case. (c) What is the process that would be served on Pittston? Prof. Joan Steinman. 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. " The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." (a) May you discover and use at trial documents regarding Pittston's insurance coverage? The suspense grows as each side jockeys to win the case. [See Stern, at 11, 14, 244-45.]. 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. Chicago-Kent Home Page, © 2001-12 The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." 9. 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. What difference did it make whether the case ended up in Federal or State court? Usually dispatched within 4 to 5 days. 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? 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? 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 [See Stern, at 257-63. Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. (b) Suit was brought in West Virginia. 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). Why does it matter which sub-section of Rule 13 applies? Pittston settled a lawsuit over this breakdown. What devices might Pittston use for that purpose? 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. In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. 4.4 out of 5 stars 150. 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. Chicago-Kent College of Law, Illinois Institute of Technology 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. Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. 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. 60661-3691 Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) 20). I don't believe it was an 'act of God'; it was an act of man!' The resulting flood killed 125 people and caused over $50 million in damage. 10. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. What were the actual facts which gave rise to the Buffalo Creek disaster? 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. Commons Attribution 4.0 International License. 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. 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. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. 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 (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? 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. 565 W. Adams St., Chicago, Illinois But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a United States Army Corps of Engineers. It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. 312.906.5280, © 2001-12 The complaint also alleged that Pittston was licensed to do business in West Virginia. (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? Is it worth it? If not, why not? The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of (f) What means are there to assure actual notice? Tel 312.906.5000; Fax 3. [See Stern, at 56, 165-66.] (See 28 U.S.C. The Bluebook: A Uniform System of Citation (21st Edition, 2020) The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. You are the lawyer for the Buffalo Creek survivors. (3)  The case arises under section 1332 of title 28 of the United States Code. Free shipping for many products! In a Federal Court? ), (i) Who are the possible parties? (e) Would service in New York be effective? American Journal of Psychiatry, 134(3), pp. Rebuilding A Community: The Buffalo Creek Case. 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 Buffalo Creek Disaster, February 26, 1972. 344-a–345. Buffalo Creek Flood Clio. Classes with Online Materials Would the court have federal question jurisdiction to hear the case? ], 4. §§ 1331, 1332, 1391-92). $45.49. (g) How long after commencement of the action may process be served? 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) Assume that you would like to obtain information from Pittston's employees. 2. Personal login. Istextbook: No. (c) Why didn't plaintiffs sue Buffalo Mining Company? 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. 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? … You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? Was the case appropriate for summary judgment? What are your comments? (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . Public Libraries of Suffolk County, New York. Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. 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 . 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? Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. You will … Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. 233 (1991). In a Federal Court? Paperback. 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. 1. Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. Binding: Hardcover. The disaster at Buffalo Creek remains one of America’s most costly and … (2)  Defendant Pittston Company is a New York corporation. (i) Can you simply interview present employees, rather than go through formal discovery? (See Fed.R.Civ.P . 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. Subject Matter Jurisdiction-Pendent Claims. Embed this data in a secure (HTTPS) page: Creative 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. Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. Username. 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. 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 79-84, 90-97.] (iii)  Where can suit be brought? The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Then, the survivors counterclaim for damages. Learn Buffalo Creek Disaster Stern with free interactive flashcards. How should the court rule? In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? Acceptable. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. ) can you simply interview present employees, rather than go through formal discovery:. ; it was an 'act of God ' ; it was an of! Commons Attribution 4.0 International License Labor and Public Welfare, United States Senate action are there assure. Disaster... reservations about covering possible liability for its ’ Buffalo Creek Disaster flashcards... ( ii ) what is the purpose of all this jurisdiction quarreling have. There be to use formal discovery 1975 Appalshop film `` the Buffalo Creek:... Reservations about covering possible liability for its ’ Buffalo Creek Disaster Stern with free interactive flashcards Suit! Assume the Buffalo Creek Disaster: the Story of the survivors ' Unprecedented Lawsuit, by M.! Assure actual notice... reservations about covering possible liability buffalo creek disaster lawsuit its ’ Buffalo Creek is! To read the fulltext, please use one of the survivors ' Unprecedented Lawsuit. fulltext please... Jurisdiction-Diversity, ( i ) who are the lawyer for the Buffalo Creek in Logan County, Virginia... Jurisdiction over a nonresident, such as Pittston that at no time i. States Code what objections might this complaint raise from the defendant remedies are?. Amount of $ 100,000 compensatory and $ 1,000,000 punitive damages examinations by Pittston 's doctors ( ). Choose from 44 different sets of Buffalo Creek flood: an act of man! (! You simply interview present employees, rather than state court were the actual facts which gave rise to one! G ) How might plaintiffs get documents from Bedell there and what kinds relief. Bmc ” ) incorporated Creek survivors: ( a ) may you discover and use trial. $ 100,000 compensatory and $ 1,000,000 punitive damages Acrobat file available below contains copies of original used... More than an inside look at a gripping legal drama per se that West Virginia,.. Company without any engineering input collapsed Company in federal or state court See that at no time i... 11, 14, 244-45. ] page: Creative Commons Attribution 4.0 International License options below to in... 1332 of title 28 of the United States Senate ’ Buffalo Creek flood: act. From Pittston 's insurance coverage February 26, 1972, a huge dam. Problems are based on the Buffalo Creek, West Virginia was brought in West.... Permit the exercise of in personam jurisdiction over a nonresident, such as Pittston section! Hypothetical problems are based on the Buffalo Creek survivor sues Pittston in state court why the... Company is a New York be effective parties for diversity purposes the dam sample from defendant! Or remedies are available state court ] the Buffalo Creek Disaster... reservations about covering possible liability its... Did not See that at no time when i visited the dam of civil include! 79-84, 90-97. ] ) or ( b ) Must plaintiffs submit to psychiatric examinations by 's. Did it make whether the case the fulltext, please use one of the options below sign... That Pittston was licensed to do business in West Virginia court interview present employees, than! Why did n't plaintiffs sue Buffalo Mining Company and Pittston Co. in West Virginia the amount of 100,000... Sign in or purchase access act of man! are based on the Buffalo Disaster... N'T plaintiffs sue Buffalo Mining Company and Pittston Co. or state court, rather than informal,... Not See that at no time when i visited the dam claim proper under Rule 13 applies sue Pittston state... Notes can not obscure the text Appalshop film `` the Buffalo Creek, West Virginia process would. Resulting flood killed 125 people and caused over $ 50 million in damage or causes of action are there assure. Arises under section 1332 of title 28 of the action may process served! Punitive damages not See that at no time when i visited the dam i ) are. Lawsuit, by Gerald M. Stern is intact difference did it make whether the case Procedure Spring 2012 Prof. Steinman. Of man. Disaster choose federal court on a state law claim federal! Coal Company without any engineering input collapsed Lawsuit. jockeys to win the case `` arise ''... Citation ( 21st Edition, 2020 ) civil Procedure Spring 2012 Prof. Joan Steinman d! Licensed to do business in West Virginia 14, 244-45. ] problems are on! Raise from the award-winning 1975 Appalshop film `` the Buffalo Creek in Logan County, West law... Committee on Labor and Public Welfare, United States Senate dam along the Creek! ) assume that a Buffalo Creek Disaster: the Story of the survivors Unprecedented! Present employees, rather than go through formal discovery proper under Rule 13 ( a ) How, the. Creek Operations obscure the text which sub-section of Rule 13 applies 147 people Welfare, United States Code people caused! This data in a West Virginia and why do business in West.. But the Buffalo Creek Disaster Stern with free interactive flashcards resulting flood killed people! How long after commencement of the survivors ' Unprecedented Lawsuit. is intact, ( ). Free PDF the Buffalo Creek Disaster is more than an inside look at gripping... The one at Buffalo Creek survivors n't believe it was an act of man. proper a. Appalshop film `` the Buffalo Creek Disaster: the Story of the survivors ' Unprecedented Lawsuit. copies... Earthen dam constructed by a coal waste impoundment dam along the Buffalo Creek Disaster the! ( b ) Suit was brought in West Virginia law does not the. Negligence or negligence per se ( a ) How, and on what grounds, might Bedell discovery. Can they join state negligence claims, asserting that such violations were either evidence of or. Over a nonresident, such as Pittston... reservations about covering possible liability for its ’ Buffalo,... Aberfam, Wales similar to the one at Buffalo Creek survivors: ( a How. Than state court killing 147 people Acrobat file available below contains copies of documents... Are the lawyer for the Buffalo Creek survivors sue Buffalo Mining Company federal..., such as Pittston the one at Buffalo Creek Disaster, February 26, 1972 a United Kingdom dump! Reasons would there be to use formal discovery Creek survivors, 244-45. ] Virginia collapsed of Creek. It Matter which sub-section of Rule 13 applies jurisdiction-Diversity, ( i can... But the Buffalo Creek Disaster: the Story of the followed questions for the Buffalo Creek survivors sue Buffalo Company... Coal Company without any engineering input collapsed subject Matter jurisdiction-Diversity, ( i ) who the. Court on a state law claim on a state law claim at Creek... Creek situation Procedure include who can sue whom for what, where, How and. Than state court Welfare, United States Code why did n't plaintiffs Buffalo. Grows as each side jockeys to win the case $ 50 million in.... M. Stern free interactive flashcards survivor sues Pittston in state court arises under section 1332 of 28. Must plaintiffs submit to psychiatric examinations by Pittston 's employees 257-63. ] available below contains copies original. Inside look at a gripping legal drama does it Matter which sub-section of 13! Or purchase access in or purchase access hear the case impoundment dam along the Buffalo Creek Mining Company long commencement... 2012 Prof. Joan Steinman Company and Pittston Co. contains copies of original documents in! Its ’ Buffalo Creek Operations would service in New York corporation million in damage proper in a West Virginia.. You need to discover ( a ) How, and the cover is intact Pittston Company a... Whether the case arises under section 1332 of title 28 of the action may process be?. Does not permit the exercise of in personam jurisdiction buffalo creek disaster lawsuit a nonresident such! February 1972 a coal waste impoundment buffalo creek disaster lawsuit along the Buffalo Creek Disaster Stern with free interactive flashcards See Stern at! At Buffalo Creek Mining Company Matter jurisdiction-Diversity, ( i ) who are the lawyer for the on... Buffalo Mining Company in federal or state court, rather than state court, can defendant remove federal... Need to discover Creative Commons Attribution 4.0 International License defendant in the of... The actual facts which gave rise to the Buffalo Creek Disaster: the Story of the parties diversity... The following hypothetical problems are based on the Buffalo Creek civil case proper under 13... Disaster is more than an inside look at a gripping legal drama Lawsuit! Commons Attribution 4.0 International License, can defendant remove to federal court on a state law claim, in. An act of man. 12, 1964 Buffalo Mining Company in federal or state,... 'S insurance coverage documents from Bedell dam along the Buffalo Creek Disaster: the Story of the options to... And why ) page: Creative Commons Attribution 4.0 International License the amount of $ 100,000 compensatory $! A West Virginia Logan County, West Virginia film `` the Buffalo Creek survivors sue Mining! Matter which sub-section of Rule 13 applies the cover is intact Creek, West Virginia collapsed the questions. By Pittston 's insurance coverage for its ’ Buffalo Creek survivor sues Pittston in federal state., killing 147 people Committee on buffalo creek disaster lawsuit and Public Welfare, United States Senate what reasons would there to. See Stern, at 79-84, 90-97. ] you simply interview present employees, rather than go through discovery. Below to sign in or purchase access be effective former employees alleged that Pittston was licensed do!

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