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Nabaza.net-The MarketPlace - 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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List Price: $11.95
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Manufacturer: Vintage
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Average Customer Rating:  
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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: 2008-05-06
Publisher: Vintage
Release Date: 2008-05-06
Studio: Vintage
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Editorial Reviews:
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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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Spotlight customer reviews:
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Customer Rating:
Summary: Must Read!!!!!
Comment: 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.
Customer Rating:
Summary: The Case of the Defective Dam
Comment: 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 County had a "history of violence" (p.24). Many residents were too poor to get proper dental care (p.29). The deep piles of coal waster burned constantly (p.30). The failure of Dam 3 caused the disaster on February 26, 1972 (p.31). The lawyer's Code of Professional Responsibility bans a lawyer from taking a case for free when the client could afford to pay (p.33). There was a conflict among lawyers to represent the victims (pp.36-37).
Page 40 tells of the foods favored by the people: candy, pies, soda pop, etc. People were devastated by the disaster (p.41). Chapter V describes some of the horrors of the flood. The freezing cold made things worse (p.49). [Other accounts of disasters skip over the details.] They sued in Federal court to get a fair deal (p.53). They needed to sue the sole shareholder of the corporation that injured a person (p.55). They could collect punitive damages if Pittston's conduct was reckless (p.57). Pittston's cheapness discouraged settlements (p.58)! An old court case would show negligence. Coal-waster refuse piles are hazardous (p.62). Could they recover damages for mental suffering (p.65)? Most of the survivors had no physical damages; those that had physical damages didn't survive. Would "market value" apply (p.67)? Stern explains the need and rationale for "piercing the corporate veil" (p.83). Mental suffering was the major part of the damages (p.90).
The Federal Coal Mine Health and Safety Act of April 1970 forced the small business that owned Buffalo Mining Company to sell out to a large corporation (p.152). [An unintended consequence?] The state inspector warned about Dam 3 (p.162); political pressure? Pittston violated safety standards. A hidden document was revealed (p.169)! Chapter XVII describes the legal term "psychic impairment". The coal, timber, oil, and gas benefits outsiders and leaves people in much abject poverty (p.192). Chapter XXX tells why preparing a trial is similar to a stage play, and summarizes the case. The mining company said the dam was sage until it gave way! Chapter XXXI explains their strategy for the trial. The settled before the trial for $13.5 million. The `Epilogue' says the plaintiffs "were overjoyed" with the settlement (p.301). Would it make Pittston more careful in the future? [Gerry Spence said a lawyer is the only defender for the average person.]
Customer Rating:
Summary: Do the math
Comment: 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.
Customer Rating:
Summary: Interesting and informative
Comment: 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.
Customer Rating:
Summary: Win for Stern overshadowed "win" for victims
Comment: 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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