United States Army Corps of Engineers. The complaint also alleged that Pittston was licensed to do business in West Virginia. 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? Would the court have federal question jurisdiction to hear the case? 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. Product Group: Book. (a) How might plaintiffs get documents from Bedell? 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! June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. You are the lawyer for the Buffalo Creek survivors. Binding: Hardcover. 9. It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. Personal login. (ii)  What possible claims or causes of action are there and what kinds of relief or remedies are available? 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. 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. 344-a–345. Username. [See Stern, at 257-63. The report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" Buffalo Creek WV Disaster, 1972. Assume that West Virginia law does not permit the exercise of in personam jurisdiction over a nonresident, such as Pittston. The disaster at Buffalo Creek remains one of America’s most costly and … The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. (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. 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. How should the court rule? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. 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 … Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. How might plaintiffs depose Bedell in New York? Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. 2. Free PDF 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. On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. (f) What means are there to assure actual notice? (2)  Defendant Pittston Company is a New York corporation. ), (i) Who are the possible parties? (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. [See Stern, at 79-84, 90-97.] The resulting flood killed 125 people and caused over $50 million in damage. 10. 60661-3691 Subject Matter jurisdiction-Diversity, (a) What was the citizenship of the parties for diversity purposes? Istextbook: No. Discover the technique of doing something from numerous sources. 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. Would the case "arise under" federal law? Embed this data in a secure (HTTPS) page: Creative Public Libraries of Suffolk County, New York. The following hypothetical problems are based on the Buffalo Creek book. The Adobe Acrobat file available below contains copies of original documents used in the Buffalo Creek civil case. 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. [See Stern, at 103-04, 123, 143-44, 257-63.]. 1. Rebuilding A Community: The Buffalo Creek Case. You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? Learn Buffalo Creek Disaster Stern with free interactive flashcards. If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? [See Stern, at 56, 165-66.] 233 (1991). 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. (iii)  Where can suit be brought? 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. DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of 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. 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 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. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. (See 28 U.S.C. tort (lawsuit dealing with injury) case. Get this from a library! 13. Subject Matter Jurisdiction-Federal Question. A readable copy. If not, why not? 344.754 S839. 4.4 out of 5 stars 150. (c)  How, and on what grounds, might Bedell resist discovery? Chicago-Kent College of Law, Illinois Institute of Technology, Charleston Gazette, Voices of Buffalo Creek. 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) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. Part One. In a Federal Court? (b) Suit was brought in West Virginia. 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. 1966 A United Kingdom coal-waste dump in South Aberfam, Wales similar to the one at Buffalo Creek collapses, killing 147 people. 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? What were the actual facts which gave rise to the Buffalo Creek disaster? Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. Buffalo Creek Flood Clio. [See Stern, at 118, 181-85. The following documents are included in the file: Complaint (pages 1 - 25) The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit. 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? What devices might Pittston use for that purpose? (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. Prof. Joan Steinman. 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). 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. Subject Matter Jurisdiction-Federal Question. (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 difference did it make whether the case ended up in Federal or State court? (e) Would service in New York be effective? In a Federal Court? 8. [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. I did not see that at no time when I visited the dam. What are your comments? The Buffalo Creek Disaster, February 26, 1972. 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. 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. But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. 12. 3. This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. What are your comments? 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 257-63. In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? (a) May you discover and use at trial documents regarding Pittston's insurance coverage? The Bluebook: A Uniform System of Citation (21st Edition, 2020) (3)  The case arises under section 1332 of title 28 of the United States Code. 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. Whose choice was it? Why does it matter which sub-section of Rule 13 applies? 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 : the story of the survivors' unprecedented lawsuit. 2. 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 Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit." 20). 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. 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. (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? (i) Can you simply interview present employees, rather than go through formal discovery? (c) What is the process that would be served on Pittston? Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? 565 W. Adams St., Chicago, Illinois Then, the survivors counterclaim for damages. 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. Access content To read the fulltext, please use one of the options below to sign in or purchase access. $45.49. 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 [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. Classes with Online Materials Buffalo Creek Disaster. (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? (g) How long after commencement of the action may process be served? A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." (See Fed.R.Civ.P . Was this lawsuit proper in West Virginia? (d) What is the purpose of all this jurisdiction quarreling? American Journal of Psychiatry, 134(3), pp. ], 4. [See Stern, at 11, 14, 244-45.]. Free shipping for many products! May the federal court hear all these claims? I don't believe it was an 'act of God'; it was an act of man!' (Consider all feasible alternatives. [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? 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.

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