Buffalo Creek DisasterBuffalo Creek Disaster

http://www.wvculture.org/history/buffcreek/bctitle.html

Gerald Stern’s Reflections…Gerald Stern’s Reflections…

“Sometimes you do well by doing good”

SETTLEMENTSETTLEMENT

13.5 million5.5 for property and wrongful death8 for psychic impairment13,000 for each who sued for mental

injuriesLawyers got 3 million

Lawsuit is a contestLawsuit 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/CriminalCivil/Criminal

TYPE CIVIL CRIMINAL

Standard of Proof

Preponderance of Evidence

Beyond a Reasonable Doubt

Penalty $ damages Jail/probation/

fine

Pre-Trial Discovery Motions: to sever,to suppress etc.

Civil/Criminal Civil/Criminal

TYPE CIVIL CRIMINAL

Alternative to Trial

Settlement Plea or Plea-Bargain

Legal Process Adversary Adversary

Court State and Federal

State and Federal

PlaintiffPlaintiff

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 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.Obstacles-cont.

How to assess damagesHow to use discoveryHow do establish that defendant’s

negligence was “reckless”When and if to initiate settlement talksGetting access to information, for example..

– WVA ad hoc commission– insurance

DEFENSEDEFENSE

Needs to explain reason for event and why they are not liable

Needs to be able to attack plaintiff’s claim

Defense’s positionDefense’s position

Act of GodCustom and UsageCorporate veil should not be piercedLack of precedent for survivors mental

sufferingPsychic impairment not a legitimate cause

of action

ObstaclesObstacles

JudgeBetter lawyering on Plaintiff’s side

– More effective at discovery

TruthWhat else?

Civil Lawsuit can beCivil Lawsuit can be

Tool of social justiceEffective tool of punishmentMonetary compensation for harm sufferedWhat else?

For Definitions of Legal TermsFor Definitions of Legal Terms

http://dictionary.law.com/default2.asp

Look up definitions ofLook up definitions of

Adversary ProcessJurisdictionPrecedentLitigationDiscoveryPlaintiffDefendant