Secondary Reading: STERN, BUFFALO CREEK DISASTER & HARR, A CIVIL ACTION. 0000003434 00000 n Recommended Additional Materials: You may find it very helpful to consult one of these for help. 2. 2008 (ISBN 978-0307388490. The discovery issues arise from the mass tort litigation begun in the aftermath of the Buffalo Creek flooding disaster of 1972. Gerald Stem's The Buffalo Creek Disaster' and the lawsuit which is the subject of his book provide an excellent vehicle to complement a conven- tionally taught civil procedure course. Finish reading The Buffalo Creek Disaster, FRCP Rules 1 & 2. four simultaneous perspectives on civil procedure. Challenges to Legal Education: The "Two Cultures" Phenomenon . Please discuss the bases of this discovery request, any objections that defendant Pittston reasonably might assert, and the resolution that you believe Judge Hall would reach on the probable areas of dispute between the parties. 0000003147 00000 n ... lena g academia edu children in war and disaster masten major reference works wiley library phrasing the ion use of buffalo creek disaster in teaching civil procedure … Exams. 0000001820 00000 n 0000006242 00000 n Course Home. <> 2) In Buffalo Creek, suit in W. VA, could have been in NY, but knew that Pittston could transfer to W. VA if wanted to. All notes and memoranda of a) any and all interviews conducted by Pittston or Buffalo Creek Mining employees or agents within forty-eight hours of the February, 1972, dam burst as well as b) any and all observations recorded by such employees or agents within the same period. 3) In three rivers hypothetical where New Yorker (P) and Californian (D) get in accident in Illinois and then D spends a few days in Pennsylvania, where can P sue D. 0000020016 00000 n While Pittson Coal avoided criminal charges, three civil lawsuits filed by the flood survivors were successful. 0000001472 00000 n Stern’s narrative walks the reader through the major steps of litigation, from injury to settlement, in the context of a dramatic, high-impact case. The Buffalo Creek Disaster An Effective Supplement To A Conventional Civil Procedure Course. Gerald Stern, The Buffalo Creek Disaster (Vintage). startxref Course Resources . They read Gerald Stern's The Buffalo Creek Disaster 17 and study the key Four themes guide this study: (1) the law of federal procedure (constitution, statutes, and rules); (2) procedural and substantive policy; (3) litigation strategy and the lawyering process; and (4) legal ethics. One, The Buffalo Creek Disaster, about the case itself, was by Jerry Stern. 1904 The Chesapeake and Ohio Railroad completed its Charleston, W.Va., to Logan, W.Va., line making Logan County’s coal easily transportable to national markets. All photographs and films taken by Pittston or Buffalo Creek Mining employees or agents within forty-eight hours of the February, 1972 dam burst. The other, a runner-up for a National Book Award in 1975, is Everything In Its Path, by Kai Erikson describing the story of … … 0000002862 00000 n 0000034190 00000 n Material: REQUIRED Buffalo Creek Flood By Jimmy Reece. The Pittston people also took photographs and movies of the scene. Background Reading: Y&S, 1-59; FRCP, v-xix; G&V, vii-xliii. Spring 2012 Wed Aug 20 Initiating the lawsuit – the complaint; the theory and practice of “rule pleading” compared with “code pleading.” FRCP Rules 7 & 8(a), Form 11, Casebook pp. 2018) (ISBN: 9781454894025) . Buffalo Creek Disaster, Civil Procedure II (Spring 1985), on file with the University of Wisconsin Dispute Resolution Clearinghouse. 565 W. Adams St., Chicago, Illinois Read Casebook pp 1-15 and begin reading “The Buffalo Creek Disaster.” In class, we will observe and conduct the initial interview of Plaintiff Paula Patt. 0000028293 00000 n The Buffalo Creek Disaster An Effective Supplement To A Conventional Civil Procedure Course. Civil Procedure I Professor Joan Schaffner AN INTRODUCTION TO CIVIL PROCEDURE THE BUFFALO CREEK DISASTER Welcome to the George Washington University Law School! 0000006524 00000 n Students use a tradi-tional casebook in a relatively traditional way to gain an overview of doctrine as developed by legislatures, rulemakers, and appellate courts. The Buffalo Creek flood was a disaster that occurred on February 26, 1972, when the Pittston Coal Company's coal slurry impoundment dam #3, located on a hillside in Logan County, West Virginia, burst, four days after having been declared "satisfactory" by a federal mine inspector.. 0000005254 00000 n Course Resources ... observations on the physical destruction and the actual state of the dam and the creek within ten hours of the disaster. This game introduces students to pre-trial discovery under the Federal Rules of Civil Procedure. The Buffalo Creek Disaster: An Effective Supplement to a Conventional Civil Procedure Course Can a Law School Market Itself Out of an Admission Crisis? Litigation materials, including books and films, from The Buffalo Creek Disaster, A Civil Action, and Old Smokey, provide case studies. 312.906.5280, © 2001-12 The Buffalo Creek Disaster also provides an opportunity to reflect on the “big picture” of lawyering. 0000007163 00000 n %PDF-1.7 %���� 0000000016 00000 n The chronology of a civil lawsuit as the organizing principle for this course. Chicago-Kent Home Page, © 2001-12 Civil Procedure Spring 2012 Prof. Joan Steinman. The Pittston people also took photographs and movies of the scene. Tue Aug 19 Introduction to the Federal Rules of Civil Procedure (“FRCP”). The Buffalo Creek Disaster: How the survivors of one of the worst disasters in coal-mining history brought s uit against the coal company--and won - Ebook written by Gerald M. Stern. R. Civ. OPTIONAL (4) Joseph Glannon: CIVIL PROCEDURE EXAMPLES AND EXPLANATIONS (8th ED. 0000001363 00000 n <>stream An example of this can be found at the Computer Assistant Law Instructor at www.cali.org 76.171.7.133 03:11, 28 August 2007 (UTC) Tutorials. endobj Other: Gerald Stern, Buffalo Creek Disaster (Vintage). 0000001494 00000 n Classes with Online Materials P. 11, ABA Rule 3.3, as well as the Buffalo Creek and Civil Action case histories and litigation strategies. 0000019839 00000 n Course Home. 2012-13 Supplement to Hazard, Tait, Fletcher & Bundy. The lawsuit … ... virginia s buffalo creek flood a study of the hydrology and ering geology buffalo mining pany retaining dam collapse buffalo creek disaster coal dams fail 1972 the pop dig. 8. The Buffalo Creek Disaster An Effective Supplement To A Conventional Civil Procedure Course. Hazard, Tait, Fletcher & Bundy, Pleading & Procedure: State and Federal Cases and Materials (10th edition 2009) Foundation Press. 60661-3691 <]/Prev 762704>> the victims) were not able to get their representatives on the scene to investigate until at least 48 hours had passed. I am looking forward to an exciting year in which you and I will be exploring the contours of civil procedure- … While there also were federal and state officials on the scene almost immediately, plaintiffs (i.e. 221 0 obj Although a book for laymen, it is still used in many law school civil procedure courses. 1912 The C&O Railroad build the first spur line by Buffalo Creek.The first coal camps at Buffalo Creek were built. For purposes of this question you should assume that the law as of 2001 was the applicable law in 1972. Freer, Introduction to Civil Procedure (3rd ed. 0000040493 00000 n The following documents are included in the file: Complaint (pages 1 - 25) In-house counsel at BCM and Pittston's lawyers--Donovan and Leisure, as well as Zane Grey Staker--did not become involved until at least 24-48 hours after the disaster. Stern 2008 With a Foreword by President Bill Clinton and a new afterword by the author. Assume that, in order to clear the way for approval of a proposed oil refinery in Maine by removing the potential threat to Pittston's financial condition posed by the Buffalo Creek disaster, before being sued by any survivors of that disaster, Pittston and Buffalo Mining Company sue the survivors in federal court asking for a declaratory judgment, contending that they (Pittston and BMC)are not liable … 1924 Crane Creek flood (Mercer County, WV), refuse pile blocking a waterway gave way, killing eight people. Chicago-Kent College of Law, Illinois Institute of Technology. 194 28 0000027602 00000 n h�b```c``>����0?�A�X8@xLĬ����G��Zޞ� �Tc{-Z|� ������������������������������������������������������wp���O@`L\lDdTthXx|BFfVZbRrJjzvNIYQn^~AaqiyECSc]seUuMm}KgwW{_��ֶ��ގ��8� Any 2012-13 edition of the Federal Rules of Civil Procedure. 194 0 obj 0000002584 00000 n Schmieg, J. M. (2003) ‘ Phrasing the Question: The Use of the Buffalo Creek Disaster in Teaching Civil Procedure ’, Saint Louis University Law Journal 47: 149 – 156. Syllabus. 327 Civil Procedure and Alternative Dispute Resolution: The Lawyer's Role and the Opportunity for Change 0000002318 00000 n (2) 2020-2021 CIVIL PROCEDURE SUPPLEMENT (ISBN 978-1684679706) - West Academic Publishing (this new edition is due out on July 13 th) (3) Gerald Stern, BUFFALO CREEK DISASTER (2d Vintage ed. "A straightforward, suspenseful, and completely absorbing tale that will leave you cheering at the end." Civil Procedure Spring 2012 Prof. Joan Steinman. �$K���W����X}�-wt;���`�1�103X2. trailer 0000027776 00000 n Read this book using Google Play Books app on your PC, android, iOS devices. Introduction – The Buffalo Creek Disaster as a roadmap to civil procedure. 0000037837 00000 n The investigators prepared interview memos and, in addition, prepared memoranda reflecting their (the investigators') observations on the physical destruction and the actual state of the dam and the creek within ten hours of the disaster. Read 151 reviews from the world's largest community for readers. Related. The commission reports noted that West Virginia’s lax regulations, inspection policies and penalties for mine safety violators contributed to the Buffalo Creek disaster. Chicago-Kent College of Law, Illinois Institute of Technology 0000002070 00000 n 0000034364 00000 n Civil Procedure II addresses the subjects of joinder, pretrial investigation and discovery, pretrial motion practice, settlement negotiation and alternative dispute resolution, trial and appellate practice, judgments, and complex litigation. 0000034808 00000 n Study 44 buffalo creek disaster flashcards from Francesca P. on StudyBlue. Civil Procedure 0000037653 00000 n The Buffalo Creek Disaster An Effective Supplement To A Conventional Civil Procedure Course. 0000000856 00000 n Apparently there is a nationwide Civil Procedure curriculum that involves learning the rules of civil procedure using the Buffalo Creek Disaster as a sample case. These investigators had been sent into the field immediately on the Saturday afternoon of the day of the disaster, under supervision of Pittston and BCM executives. In his Rule 34 document request, Gerald Stern sought from Pittston the right to inspect and copy the following (among other things): 7. Tel 312.906.5000; Fax Assume that right after the dam burst at Buffalo Creek, Pittston sent investigators to the scene and they started interviewing victims as well as observers, including some employees of Buffalo Creek Mining ("BCM"). 3. Prof. Joan Steinman. This game assumes the jurisdiction has not opted-out of the Rule 26 initial and pre-trial disclosure requirements. Syllabus. 0 2012 Aspen); Gene R. Shreve & Peter Raven-Hansen, Understanding Civil Procedure … xref %%EOF Please be prepared to discuss (“stand and deliver”) Fed. Shultz , M. M. and Zedek , S. ( 2011 ) ‘ Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admission Decisions ’, Law & Social Enquiry 36 : 620 – 661 . 0000005891 00000 n The Buffalo Creek Disaster book. 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