Legal Book Review: The Buffalo Creek Disaster The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining West Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of the dam, the Pittston Coal Company initially only offered a very small settlement to the victims. "Over 125 people perished immediately. Most were women and children unable to struggle out from under the thick black water choked with crushed and splintered homes, cars, telephone poles, railroad tracks, and all manner of other debris. There were over 4,000 survivors, but their 1,000 homes were destroyed as well as most of their possessions" (Stern ix-x). Survivors of the incident experienced post-traumatic stress disorder similar to that of Vietnam veterans and victims of abuse. Parents were haunted by images of children floating away from them in the muck and debris; people lost...
Stern, wrote an account chronicling his difficulties in securing justice for the victims in a book entitled The Buffalo Creek Disaster. Stern was faced with seemingly insurmountable odds in the state of West Virginia -- the state was dominated by coal-mining interests at every level of government and the justice system. The Governor's Commission created to investigate the disaster was intentionally created as a powerless entity and the most powerful representatives of the Pittston Company refused to testify. A grand jury refused to indict the company. Most of the state was willing to look the other way, because of the economic power held by the Pittston Coal Company. Eventually, Stern was able to win a sizable out-of-court settlement for the victims, many of whom were poor, illiterate, and had little knowledge of the legal system all or their rights. A white Southerner working pro bono for the cause, Stern identified with his victims on a personal level, based on his…
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case? Holding / Rule of Law: 1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum
Legal Brief: Hotjox Magazine Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds Ready to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the
Legal Briefs Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988 Type of Action: Civil and Contractual Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During their time together she worked with him as a partner in his produce business and, according to witnesses, was quite instrumental in the success of said business. Suggs also took care of Norris
Legal Brief: Anthony Labriola v. Pollard Group Anthony Alan Labriola v. Pollard Group, Inc., WA Supreme Court, 2004, No. 74002-0 Whether a 2002 noncompete agreement negotiated after the employee had been hired and without independent consideration is enforceable. SUBSTANTIVE FACTS: Five years after beginning employment as a sales person the employer required the employee sign a noncompete agreement in 2002. In exchange the employee was allowed to remain employed. After the noncompete agreement was signed
Legal Brief The author preparing this brief is asked to defend against the banning of a book on the grounds that it is obscene and thus it should be barred from sale and distribution in the public sphere. The laws and standards surrounding obscenity are vague, subjective and impossible to reliably and consistently enforce in a manner that is even-handed and objective. As such, the banning of a book, movie or
When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence. Implications Under Article 20 of New York Penal Law While the condemnation of a victim is not a viable defense, the implications for Bluto and his obligations under Article 20 deserves exploration. Just as Duty of Retreat applied to Popeye and Olive, it likewise applied
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