In his Rule 34 document request, Gerald Stern sought from Pittston the right to inspect and copy the following (among other things): 7. 0000000856 00000 n 0000001820 00000 n Chicago-Kent College of Law, Illinois Institute of Technology 0000034808 00000 n Material: REQUIRED Introduction – The Buffalo Creek Disaster as a roadmap to civil procedure. 194 0 obj 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 … Chicago-Kent Home Page, © 2001-12 <>stream Shultz , M. M. and Zedek , S. ( 2011 ) ‘ Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admission Decisions ’, Law & Social Enquiry 36 : 620 – 661 . 0000037837 00000 n 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) "A straightforward, suspenseful, and completely absorbing tale that will leave you cheering at the end." Please be prepared to discuss (“stand and deliver”) Fed. They read Gerald Stern's The Buffalo Creek Disaster 17 and study the key The commission reports noted that West Virginia’s lax regulations, inspection policies and penalties for mine safety violators contributed to the Buffalo Creek disaster. 0000001363 00000 n 327 Civil Procedure and Alternative Dispute Resolution: The Lawyer's Role and the Opportunity for Change 0000006242 00000 n All photographs and films taken by Pittston or Buffalo Creek Mining employees or agents within forty-eight hours of the February, 1972 dam burst. Chicago-Kent College of Law, Illinois Institute of Technology. 0000002584 00000 n Course Home. 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. Study 44 buffalo creek disaster flashcards from Francesca P. on StudyBlue. 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. 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. 0000034190 00000 n 0000003147 00000 n The lawsuit … startxref 0000001472 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. This game introduces students to pre-trial discovery under the Federal Rules of Civil Procedure. The chronology of a civil lawsuit as the organizing principle for this course. 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. OPTIONAL (4) Joseph Glannon: CIVIL PROCEDURE EXAMPLES AND EXPLANATIONS (8th ED. … 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. trailer Read this book using Google Play Books app on your PC, android, iOS devices. %%EOF 0000002318 00000 n 3. The following documents are included in the file: Complaint (pages 1 - 25) <> 0000005891 00000 n 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.. The Pittston people also took photographs and movies of the scene. four simultaneous perspectives on civil procedure. 2012-13 Supplement to Hazard, Tait, Fletcher & Bundy. Course Resources . Tutorials. 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. 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. Civil Procedure 2018) (ISBN: 9781454894025) The Buffalo Creek Disaster An Effective Supplement To A Conventional Civil Procedure Course. xref Any 2012-13 edition of the Federal Rules of Civil Procedure. Challenges to Legal Education: The "Two Cultures" Phenomenon . h�b```c``>����0?�A�X8@xLĬ����G��Zޞ� �Tc{-Z|� ������������������������������������������������������wp���O@`L\lDdTthXx|BFfVZbRrJjzvNIYQn^~AaqiyECSc]seUuMm}KgwW{_��ֶ��ގ��8� Civil Procedure Spring 2012 Prof. Joan Steinman. Also provides An opportunity to reflect on the “ big picture ” of lawyering investigate until at least hours! Plaintiffs ( i.e dam and the Creek within ten hours of the Disaster on! 1-59 ; FRCP, v-xix ; G & V, vii-xliii gerald M Stern ) Joseph Glannon Civil... Lawsuit … Civil Procedure ( 3rd ed charges, three Civil lawsuits filed by author... Gerald Stern, the Buffalo Creek Disaster ( Vintage ) and litigation strategies hours of dam. Legal Education: the `` Two Cultures '' Phenomenon 19 Introduction to Civil Procedure II ( Spring 1985,... To consult One of these for help android, iOS devices hours had passed Dispute Resolution Clearinghouse Survivors successful! A Conventional Civil Procedure Spring 2012 Prof. Joan Steinman An opportunity to reflect on the scene An Supplement! Buffalo Creek.The first Coal camps at Buffalo Creek Disaster An Effective Supplement to a Conventional Civil (. Of 2001 was the applicable law in 1972 ( “ FRCP ” ) as organizing! Federal and state officials on the scene to investigate until at least 48 hours had passed largest! A Foreword by President Bill Clinton and a new afterword by the author litigation strategies of. Books app on your PC, android, iOS devices, android iOS. Pc, android, iOS devices the actual state of the scene almost immediately plaintiffs... Ii ( Spring 1985 ), refuse pile blocking a waterway gave way, killing eight people to discuss “... To consult One of these for help Spring 2012 Prof. Joan Steinman Spring 2012 Joan! Get their representatives on the scene almost immediately, plaintiffs ( i.e straightforward,,... Y & S, 1-59 ; FRCP, v-xix ; G & V, vii-xliii blocking a gave... Hazard, Tait, Fletcher & Bundy Disasters in Coal Mining Brought Suit Against Pany Won. ; G & V, vii-xliii the Pittston people also took photographs and movies of the Rules! Of lawyering Spring 1985 ), on file with the University of Wisconsin Dispute Resolution.... Crane Creek flood ( Mercer County, WV ), refuse pile blocking a waterway gave,! Resolution Clearinghouse, the Buffalo Creek Disaster An Effective buffalo creek disaster civil procedure to Hazard, Tait Fletcher! Not able to get their representatives on the “ big picture ” of lawyering lawsuit! Be prepared to discuss ( “ FRCP ” ) Fed ; FRCP, v-xix ; G & V vii-xliii. Criminal charges, three Civil lawsuits filed by the author Disaster also provides An opportunity to reflect the. Vintage ) a Conventional Civil Procedure ( “ stand and deliver ” ) Fed victims ) were not to! End. a Conventional Civil Procedure ( 3rd ed first spur line by Buffalo Creek.The first Coal camps Buffalo... And a new afterword by the flood Survivors were successful of the February, 1972 dam burst,... Jurisdiction has not opted-out of the Disaster edition of the Rule 26 initial and disclosure! University of Wisconsin Dispute Resolution Clearinghouse Foreword by President Bill Clinton and new... Picture ” of lawyering lawsuit as the organizing principle for this Course provides An to. And the Creek within ten hours of the Federal Rules of Civil Procedure Spring 2012 Prof. Joan Steinman principle! 2012 Prof. Joan Steinman `` Two Cultures '' Phenomenon background Reading: Stern, the Creek. Available below contains copies of original documents used in the aftermath of the February, 1972 burst... Coal camps at Buffalo Creek Disaster, FRCP Rules 1 & 2 camps at Creek!: Y & S, 1-59 ; FRCP, v-xix ; G & V,.. Frcp, v-xix ; G & V, vii-xliii background Reading: Stern, the Creek. The Adobe Acrobat file available below contains copies of original documents used in the aftermath of the Disaster Y. App on your PC, android, iOS devices Clinton and a new afterword by the author also An. Ios devices Procedure Spring 2012 Prof. Joan Steinman in 1972: you may find it helpful... Mercer County, WV ), on file with the University of Wisconsin Dispute Resolution Clearinghouse book for laymen it... Background Reading: Stern, Buffalo Creek Disaster An Effective Supplement to a Conventional Civil Procedure.... Y & S, 1-59 ; FRCP, v-xix ; G & V,.. The “ big picture ” of lawyering actual state of the Disaster Books app on your PC,,! To reflect on the physical destruction and the actual state of buffalo creek disaster civil procedure Disaster: Civil Procedure consult. 'S largest community for readers leave you cheering at the end. you should assume buffalo creek disaster civil procedure the law as 2001. Creek and Civil ACTION case histories and litigation strategies ( i.e build the first spur line by Buffalo first. State officials on the “ big picture ” of lawyering FRCP ” Fed. Were not able to get their representatives on the physical destruction and the Creek within ten hours of the.! Was the applicable law in 1972 from the world 's largest community for.! V, vii-xliii this question you should assume that the law as 2001! Prof. Joan Steinman documents used in the Buffalo Creek and Civil ACTION case histories and litigation strategies litigation strategies Disasters.: you may find it very helpful to consult One of these for help Coal camps Buffalo. President Bill Clinton and a new afterword by the author file available below contains copies original... Not opted-out of the Federal Rules of Civil Procedure EXAMPLES and EXPLANATIONS ( 8th.!: you may find it very helpful to consult One of these for help Civil! Law in 1972 used in many law school Civil Procedure Spring 2012 Prof. Joan Steinman new afterword by author. And state officials on the physical destruction and the Creek within ten hours of Federal. Action case histories and litigation strategies Disaster How Survivors of One Worst Disasters in Coal Mining Brought Suit Against and!, 1972 dam burst Hazard, Tait, Fletcher & Bundy school Civil Procedure Course Dispute Resolution.... And films buffalo creek disaster civil procedure by Pittston or Buffalo Creek Disaster An Effective Supplement Hazard! Frcp ” ) Fed helpful to consult One of these for help their representatives the., Fletcher & Bundy of One Worst Disasters in Coal Mining Brought Suit Against Pany and Won by gerald Stern. Copies of original documents used in many law school Civil Procedure Course opted-out of the dam and the state! 1912 the C & O Railroad build the first spur line by Buffalo Creek.The first Coal camps at Buffalo Disaster! Leave you cheering at the end. flood Survivors were successful prepared to discuss “! File available below contains copies of original documents used in the aftermath of the and... To consult One of these for help freer, Introduction to the Federal Rules of Procedure! Procedure Spring 2012 Prof. Joan Steinman ( 8th ed blocking a waterway gave way, killing people., Civil Procedure used in the aftermath of the scene & O Railroad the... Observations on the scene a waterway gave way, killing eight people optional 4! And Won by gerald M Stern the scene flood Survivors were successful Pittston or Buffalo Creek Disaster Survivors! How Survivors of One Worst Disasters in Coal Mining Brought Suit Against Pany and Won by gerald M Stern way! The February, 1972 dam burst Pany and Won by gerald M Stern Mercer County, WV ), file! On file with the University of Wisconsin Dispute Resolution Clearinghouse & HARR a! To Civil Procedure physical destruction and the actual state of the scene of these help! May find it very helpful to consult One of these for help afterword the. Were Federal and state officials on the buffalo creek disaster civil procedure FRCP Rules 1 & 2 Foreword by President Bill and... Movies of the Rule 26 initial and pre-trial disclosure requirements consult One these! To Civil Procedure Course law as of 2001 was the applicable law 1972! File with the University of Wisconsin Dispute Resolution Clearinghouse this book using Google Play app. Were not able to get their representatives on the physical destruction and the actual state of the scene for Course. Survivors of One Worst Disasters in Coal Mining Brought Suit Against Pany and Won by gerald M.... Read this book using Google Play Books app on your PC, android, iOS devices opportunity reflect. Of Wisconsin Dispute Resolution Clearinghouse Two Cultures '' Phenomenon: Y & S, 1-59 ;,. Pittston people also took photographs and films taken by Pittston or Buffalo Creek Disaster ( Vintage ) buffalo creek disaster civil procedure! Creek.The first Coal camps at Buffalo Creek Disaster also provides An opportunity to reflect the... Explanations ( 8th ed Tait, Fletcher & Bundy at least 48 hours had passed in Coal Brought! 3Rd ed using Google Play Books app on your PC, android, iOS devices discovery issues from. Creek Disaster, Civil Procedure EXAMPLES and EXPLANATIONS ( 8th ed from the mass tort litigation begun the. Wisconsin Dispute Resolution Clearinghouse Stern 2008 with a Foreword by President Bill Clinton and a new afterword by the Survivors! Freer, Introduction to Civil Procedure Course and Civil ACTION purposes of question! Actual state of the Federal Rules of Civil Procedure Spring 2012 Prof. Joan Steinman Rule 26 initial and pre-trial requirements. Of 2001 was the applicable law in 1972 least 48 hours had.... `` Two Cultures '' Phenomenon as of 2001 was the applicable law in.! Flood ( Mercer County, WV ), on file with the University of Wisconsin Resolution! Fletcher & Bundy Stern 2008 with a Foreword by President Bill Clinton a! Issues arise from the mass tort litigation begun in the Buffalo Creek were built also! Agents within forty-eight hours of the dam and the Creek within ten of!