Books : The Buffalo Creek Disaster: How the survivors of one of the worst disasters in coal-mining history brought suit against the coal company--and won (Vintage)
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Binding: Paperback
Dewey Decimal Number: 345.730268
EAN: 9780307388490
ISBN: 0307388492
Label: Vintage
Manufacturer: Vintage
Number Of Items: 1
Number Of Pages: 304
Publication Date: May 06, 2008
Publisher: Vintage
Release Date: May 06, 2008
Sales Rank: 36940
Studio: Vintage
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Product Description:
One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.
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This book is awesome, a must read for anyone who is thinking about becoming a lawyer. Even if you are not sure about being a lawyer, but wish to know a little more about how understanding our legal system can keep you from being taken advantage of in wake of any type of disaster. I had to read it for class, and I am glad that I did. Paralegals can benefit from this book as well; as most of the researching of case law is conducted by paralegals. You get a sense of what to look for in your research. I cannot get enough of this book.
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Gerald M. Stern was a partner of a Washington DC law firm and the lead counsel for the survivors of the Buffalo Creek disaster. A massive coal-waste refuse pile collapsed and millions of gallons of water and sludge devastated sixteen small communities in the valley below. Hundreds of survivors sued the coal company for damages. This is the story of the lawsuit that uncovered corporate irresponsibility and created a new precedent where anyone can recover for mental suffering even when they are physically unharmed but "mentally scarred". After Stern graduated from law school he joined the Civil Rights Division of the Department of Justice, then joined an important Washington law firm whose clients were corporations fighting the governement.
Stern got a chance to represent some of the survivors of the Buffalo Creek disaster. Logan County WV had a history of corruption and political oppression (p.7). Is the entire state controlled by the coal companies (p.9)? The people of WV held wildcat strikes to demonstrate their needs. The Pittston Company was the sole stockholder of the Buffalo Mining Company. Was the flood an "Act of God", a natural disaster (p.11)? Or criminal negligence (p.12)? The important legal question was to sue in state or federal court (p.14). The Department of the Interior blamed the victims (p.18)! Coal companies liked to settle claims rapidly to get the lowest payments (p.20). Lawyers would represent the victims on a contingency-fee basis (p.23). Logan ... Read More
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Well I will concede that this staple of civil procedure classes in law school is a good read, but let's do the math. When you see what Stern's firm took and you see what the victims got, we know that the law firms were the winner's here and the people who lost their lives and homes with all their possessions did not fair very well at all. For that reason, it's probably a good introduction to class action litigation.
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Suggested reading for pre-law school students, this book contains the representing attorney's actual story about a lawsuit involving the coal industry. The terminology, processes and struggles included in the story, as well as the lawyer's thought-processes and actions introduce the reader to the real world of legal advocacy, which is not parallel to the Law & Order dramas on television. If you're contemplating entering the legal profession, this book narrates one situation with enough detail to give you a feel for the work you may be doing.
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This book was on my law school reading list. I was supposed to read it before school started but never got around to it. Now that I've graduated, I decided to read it. I enjoyed the beginning. I was stirred by the description of what happened when the dam broke. I perceived empathy in the author's tone. Immediately, I was pulling for the victims, regardless of whether they were significantly impacted by the flood or only had minimal contact with the disaster. But, as the book went on, the tone changed. I felt like it was more a story about Stern. The author seemed to become more boastful. It also seemed like he spent a long time thoughtfully writing the beginning of the book, then rushed to finish it at the end. The end was not as compelling as the beginning. The end was slightly unsatisfying. Overall, this is an interesting book that tells the story of what happened in Buffalo Creek and a self-appraisal of how Stern thinks his lawyering was during the case. The downside is that the end turned into a story about Stern's "win" in negotiating a settlement instead of a win for the victims. The book would also be well-served by print of a second edition with an epilogue. You'll end up asking yourself how much the survivors really did win, and whether there truly was a lasting impact on coal companies.
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