Buffalo Creek Disaster fcreek/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 Lawyers got 3 million

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

Civil/Criminal TYPECIVILCRIMINAL Standard of Proof Preponderance of Evidence Beyond a Reasonable Doubt Penalty$ damagesJail/probation/ fine Pre-TrialDiscoveryMotions: to sever,to suppress etc.

Civil/Criminal TYPECIVILCRIMINAL Alternative to Trial SettlementPlea or Plea- Bargain Legal ProcessAdversary CourtState and Federal

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

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

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

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

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

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

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

For Definitions of Legal Terms ult2.asp

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