If not, why not? In a Federal Court? (2)  Defendant Pittston Company is a New York corporation. (d) What is the purpose of all this jurisdiction quarreling? 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. 9. [See Stern, at 103-04, 123, 143-44, 257-63.]. May the federal court hear all these claims? The resulting flood killed 125 people and caused over $50 million in damage. Weight: 1.15 Lbs. (Consider all feasible alternatives. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Was the case appropriate for summary judgment? 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? Buffalo Creek Flood Clio. Rebuilding A Community: The Buffalo Creek Case. 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. Chicago-Kent Home Page, © 2001-12 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? (c) Why didn't plaintiffs sue Buffalo Mining Company? (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. (ii)  What possible claims or causes of action are there and what kinds of relief or remedies are available? You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? 1966 A United Kingdom coal-waste dump in South Aberfam, Wales similar to the one at Buffalo Creek collapses, killing 147 people. §§ 1331, 1332, 1391-92). Acceptable. Pittston settled a lawsuit over this breakdown. Would the case "arise under" federal law? You will … The following documents are included in the file: Complaint (pages 1 - 25) The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit / Gerald M. Stern. 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. Pages can include considerable notes-in pen or highlighter-but the notes cannot obscure the text. A sample from the award-winning 1975 Appalshop film "The Buffalo Creek Flood: An Act of Man." (g) How long after commencement of the action may process be served? Whose choice was it? What difference did it make whether the case ended up in Federal or State court? 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). (3)  The case arises under section 1332 of title 28 of the United States Code. Is it worth it? 2. What were the actual facts which gave rise to the Buffalo Creek disaster? Personal Jurisdiction-"Long Arm" Statute. 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." tort (lawsuit dealing with injury) case. [See Stern, at 56, 165-66.] (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. (i) Can you simply interview present employees, rather than go through formal discovery? Answer each one of the followed questions for the Buffalo Creek situation. Istextbook: No. Chicago-Kent College of Law, Illinois Institute of Technology 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. The Buffalo Creek Disaster1 is a story of an unfortunate accident that occurred on February 26, 1972 in Buffalo Creek Valley, WV, as a result of the collapse of a coal company’s waste refuse pile. DEFENSE Defense’s position Obstacles No Slide Title No Slide Title Look up definitions of Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. 2. (e) Would service in New York be effective? 12. (a) How might plaintiffs get documents from Bedell? Part One. Commons Attribution 4.0 International License. $45.49. In a Federal Court? 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 report sad that Pittston had "flagrant disregard for safety of residents of Buffalo Creek" Assume the survivors of the Buffalo Creek disaster sue in federal court solely under state common law, asserting that any violation of federal law by the defendants [see Stern, at 56,165-66]was either evidence of negligence or negligence per se. What was the relationship between Buffalo Creek Mining Company and Pittston Co.? Binding: Hardcover. The Buffalo Creek Disaster, February 26, 1972. Public Libraries of Suffolk County, New York. Buffalo Creek WV Disaster, 1972. (b) Assume that you would like to obtain information from Pittston's employees. 10. 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. (a) May you discover and use at trial documents regarding Pittston's insurance coverage? Access content To read the fulltext, please use one of the options below to sign in or purchase access. The complaint also alleged that Pittston was licensed to do business in West Virginia. Embed this data in a secure (HTTPS) page: Creative 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? 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. (iii)  Where can suit be brought? Civil Procedure 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. Buffalo Creek Disaster ...reservations about covering possible liability for its’ Buffalo Creek Operations. Subject Matter Jurisdiction-Ancillary Claims. You are the lawyer for the Buffalo Creek survivors. … A readable copy. How should the court rule? Was the lawsuit proper in a West Virginia Court? 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! 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 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 … I don't believe it was an 'act of God'; it was an act of man!' Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) (c) What is the process that would be served on Pittston? This book, written by Gerald Stern, the lead prosecuting attorney in the major lawsuit that resulted from this disaster, does a The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit. Username. (See Fed.R.Civ.P . [See Stern at 181-82.]. (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. Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. Spring 2012 4.4 out of 5 stars 150. If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? Assume the Buffalo Creek survivors sue Buffalo Mining Company in federal court for violations of federal law. If the survivors sued Pittston in a West Virginia state court, would that court be able to exercise jurisdiction over Pittston if the state legislature had enacted a typical "long arm" statute, such as that of Illinois? The disaster at Buffalo Creek remains one of America’s most costly and … (b) Why did the lawyers in The Buffalo Creek Disaster choose federal court, rather than state court? 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 . (b) Suit was brought in West Virginia. Personal login. 312.906.5280, © 2001-12 The suspense grows as each side jockeys to win the case. Subject Matter Jurisdiction-Pendent Claims. What objections might this complaint raise from the defendant? Tel 312.906.5000; Fax Then, the survivors counterclaim for damages. It is also an absorbing tale of human suffering, and human triumph, with personal stories movingly interwoven among the complexities of the court proceedings. 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. 13. 20). Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. [See Stern, at 11, 14, 244-45.]. (c)  How, and on what grounds, might Bedell resist discovery? 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. Paperback. Buffalo Creek Disaster. Subject Matter Jurisdiction-Federal Question. 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. [Download PDF] The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit. All pages are intact, and the cover is intact. 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. 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. What are your comments? Assume that a Buffalo Creek survivor sues Pittston in federal court on a state law claim. (a) The concerns of civil procedure include who can sue whom for what, where, how,and why . 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 [See Stern, at 257-63. 8. What are your comments? 233 (1991). Learn Buffalo Creek Disaster Stern with free interactive flashcards. How might plaintiffs depose Bedell in New York? Is Dasovich's claim proper under Rule 13 (a) or (b)? 344.754 S839. 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). But The Buffalo Creek Disaster is more than an inside look at a gripping legal drama. American Journal of Psychiatry, 134(3), pp. Report. (1) Plaintiff, Sir Vivor, lives in Buffalo Creek, West Virginia. 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. 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. 2. (b) Must plaintiffs submit to psychiatric examinations by Pittston's doctors? (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. The Bluebook: A Uniform System of Citation (21st Edition, 2020) [See Stern, at 79-84, 90-97.] I did not see that at no time when I visited the dam. Was this lawsuit proper in West Virginia? 565 W. Adams St., Chicago, Illinois 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. 3. Discover the technique of doing something from numerous sources. Get this from a library! Classes with Online Materials In late February 1972 a coal waste impoundment dam along the Buffalo Creek in Logan County, West Virginia collapsed. What devices might Pittston use for that purpose? 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. [See Stern, at 257-63. [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. In the Buffalo Creek case the federal court in West Virginia against Pittston: (b) Who is responsible for the service of process? Prepared for the Subcommittee on Labor or the Committee on Labor and Public Welfare, United States Senate. Subject Matter Jurisdiction-Federal Question. Would the court have federal question jurisdiction to hear the case? 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. ], 4. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. Why does it matter which sub-section of Rule 13 applies? June 12, 1964 Buffalo Mining Company (“BMC”) incorporated. Usually dispatched within 4 to 5 days. Prof. Joan Steinman. On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. (ii) What reasons would there be to use formal discovery, rather than informal investigation, against former employees? 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