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Buffalo Creek Disaster

Buffalo Creek Disaster. http://www.wvculture.org/history/buffcreek/bctitle.html. Gerald Stern’s Reflections…. “Sometimes you do well by doing good”. SETTLEMENT. 13.5 million 5.5 for property and wrongful death 8 for psychic impairment 13,000 for each who sued for mental injuries

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Buffalo Creek Disaster

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  1. Buffalo Creek Disaster http://www.wvculture.org/history/buffcreek/bctitle.html

  2. Gerald Stern’s Reflections… • “Sometimes you do well by doing good”

  3. SETTLEMENT • 13.5 million • 5.5 for property and wrongful death • 8 for psychic impairment • 13,000 for each who sued for mental injuries • Lawyers got 3 million

  4. Lawsuit is a contest • Contesting sides use, hide, interpret and emphasis facts which creates and supports a story that it wants told • How to organize facts • In Civil Case • In Criminal Case

  5. Civil/Criminal

  6. Civil/Criminal

  7. Plaintiff • Needs to establish defendant’s direct responsibility for the harm • Needs to establish basis of damages beyond property loss • Needs to decide who to depose and what to ask • Needs to decide when to settle and when to go to trial

  8. Obstacles • Where to sue • Why Federal court? • Judge shopping • How to “pierce corporate veil” • How to discover that Buff Creek and Pittson were one • What can recovery be for? • Survivors mental suffering • Need experts to prove this

  9. Obstacles-cont. • How to assess damages • How to use discovery • How do establish that defendant’s negligence was “reckless” • When and if to initiate settlement talks • Getting access to information, for example.. • WVA ad hoc commission • insurance

  10. DEFENSE • Needs to explain reason for event and why they are not liable • Needs to be able to attack plaintiff’s claim

  11. Defense’s position • Act of God • Custom and Usage • Corporate veil should not be pierced • Lack of precedent for survivors mental suffering • Psychic impairment not a legitimate cause of action

  12. Obstacles • Judge • Better lawyering on Plaintiff’s side • More effective at discovery • Truth • What else?

  13. Civil Lawsuit can be • Tool of social justice • Effective tool of punishment • Monetary compensation for harm suffered • What else?

  14. For Definitions of Legal Terms • http://dictionary.law.com/default2.asp

  15. Look up definitions of • Adversary Process • Jurisdiction • Precedent • Litigation • Discovery • Plaintiff • Defendant

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