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. Free PDF The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. Weight: 1.15 Lbs. ), (i) Who are the possible parties? Previous reports of that disaster covered its legal (Stern, 1976), sociological (Erikson, 1976), and psychological (Gleser, Green, & Winget, 1981; Titchener & Kapp, 1976) aspects. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M. Stern. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Stern, Gerald M., 1937- KF228.P75 S74 ( Mapit ) 9. 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 . Was the case appropriate for summary judgment? Get this from a library! [See Stern at 181-82.]. The litigation Stern wrote about arose from a 1972 disaster when a dam collapsed on the Buffalo Creek in West Virginia causing 125 deaths, 1000 destroyed homes and hundreds of injuries. (a) How might plaintiffs get documents from Bedell? 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. Paperback. 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. Usually dispatched within 4 to 5 days. … Buffalo Creek Flood Clio. 312.906.5280, © 2001-12 (3)  The case arises under section 1332 of title 28 of the United States Code. What were the actual facts which gave rise to the Buffalo Creek disaster? 8. Can they join state negligence claims, asserting that such violations were either evidence of negligence or negligence per se? How might plaintiffs depose Bedell in New York? Binding: Hardcover. Spring 2012 Wherefore plaintiff demands judgment against defendant in the amount of $100,000 compensatory and $1,000,000 punitive damages. Free shipping for many products! 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). In a Federal Court? 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. 565 W. Adams St., Chicago, Illinois [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? 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? Commons Attribution 4.0 International License. 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? 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. 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. While there were many lawsuits arising from the tragedy, the one Gerald Stern litigated involved more than Subject Matter Jurisdiction-Ancillary Claims. Answer each one of the followed questions for the Buffalo Creek situation. 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. Classes with Online Materials The Buffalo Creek disaster : the story of the survivors' unprecedented lawsuit. The Buffalo Creek Disaster : The Story of the Survivors' Unprecedented Lawsuit. $45.49. 233 (1991). 13. Why does it matter which sub-section of Rule 13 applies? 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. You are the lawyer for the Buffalo Creek survivors: (a) How do you decide what you need to discover? (Consider all feasible alternatives. The suspense grows as each side jockeys to win the case. Istextbook: No. On February 26, 1972, a huge earthen dam constructed by a coal company without any engineering input collapsed. 3. What are your comments? Then, the survivors counterclaim for damages. I don't believe it was an 'act of God'; it was an act of man!' 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. You are the lawyer for the Buffalo Creek survivors. A readable copy. The following hypothetical problems are based on the Buffalo Creek book. Public Libraries of Suffolk County, New York. (a) Pittston sought to dispose of the case immediately on the ground that Buffalo Mining Company, not Pittston, was the proper party defendant. 1. If the Buffalo Creek survivors individually sue Pittston in state court, can defendant remove to federal court? 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