Transformation by the legal system “The American Justice” video

Where can citizens turn for help? Church Doctor State and County Government (Dept. of Health) U.S. Government (Environmental Protection Agency, Centers for Disease Control and Prevention, Agency for Toxic Substances

Where would you go for help? A. Church B. Doctor C. State and County Government D. U.S. Government

American Justice Editorial Civil court is about forcing people to pay money, and punishing wrong doers for their actions, and there by sending a message to society. This latter goal is what the families wanted more than anything else did.

To win in court To win in court the plaintiffs had to convince a jury that: Pollution from local factories had in fact contaminated the families' drinking water; and The polluted drinking water caused leukemia in children.

American Justice on what the case is about It is about more than the law. It is about an ambitious young lawyer who wanted to get rich by doing good. It is about the trench warfare which breaks out when powerful companies are accused of wrongdoing. It is about parents who longed to find meaning in the short lives of their children. 

What do you think the case is about? A. It is about more than the law. B. It is about an ambitious young lawyer who wanted to get rich by doing good. C. It is about the trench warfare which breaks out when powerful companies are accused of wrongdoing. D. It is about parents who longed to find meaning in the short lives of their children

Advantage of the Defendants The defendants had "deep pockets" A personal injury law firm put up the money to pursue a case but get 1/3 of any judgment.

What was the case about as transformed by the legal system? "An you cannot prove personal injuries simply by showing that the person was badly injured.” Jerome Facher for the defense ISSUE: THIS IS FUNDAMENTAL FOR THE MOCK TRIALS For the families to win their lawyers would have to prove in court two things: 1. That chemicals from Grace and Beatrice got into the East Woburn water supply. 2. That these chemicals caused the families' illnesses.

The vast majority of personal injury lawsuits are settled before they go to trial; the passions and publicity around the Woburn case made compromise impossible; For Schlichtmann and his colleagues it had become a crusade

Why could this case not be settled? A. The attorneys for the plaintiffs made unreasonable demands (the crusade issue) The passions and publicity around the Woburn case made compromise impossible C. It was bad for business for the companies to settle as it would have damaged their reputations.

The case against Beatrice There was a contaminated site but no "smoking gun". There was no Al Love. There were 15 acres which were contaminated and ground water under the site was contaminated with TCE "For the American civil justice system, ownership is not enough. You have to prove responsibility. You have to prove liability. You have to do it by evidence.” Jerome Facher

The Jury Verdict 78 days was the longest civil trial in Massachusetts' history. The jury was split 4 to 2. The "preponderance of evidence" was the issue...” After two weeks they had a verdict. W.R. Grace was responsible (and Beatrice was not)

How would the class vote? Grace and Beatrice are both not guilty. Beatrice is guilty Grace is guilty Grace and Beatrice are both guilty

The actual outcome September 22, 1986 There was a settlement by Grace for $8 million "It was like going out to McDonald's for them.” Anne Anderson (meaning the settlement was nothing for a multi-billion dollar multi-national corporation)

What killed Jimmy Anderson? "The families case ended in uncertainty…" 1997 Health Study provided an answer to the question "What killed Jimmy Anderson? "