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BUFFALO CREEK DISASTER

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1 BUFFALO CREEK DISASTER
A Civil Lawsuit

2 HOW LAW…… Used to determine corporate irresponsibility
Creates new precedents to obtain relief from suffering Is used and understood by lawyers

3 STORY ABOUT The devastation of a community What recourse for survivors
Power imbalance between people and corporation How lawyers use law to redress abuse of power

4 CIVIL LAWSUIT Determines wrongdoing
Uses “preponderance of evidence”as standard of proof (criminal case used “beyond a reasonable doubt”) Awards monetary damages Compensatory and/or punitive

5 Civil Lawsuit can be Tool of social justice
Effective tool of punishment Monetary compensation for harm suffered What else?

6 STRUCTURE OF CIVIL SUIT
Starts with complaint

7 BEFORE COMPLAINT FILED
Who are plaintiffs and defendants Who has suffered harm and who caused it Who are lawyers Fee structure-contingency fee Where to sue-state, federal How to assess damages Theory of case Causation –how to prove defendants did or did not cause harm suffered

8 WHY GO TO TRIAL $$$$ Educate Public “day in court” Humiliation
Stop bad practices ???

9 Why Settle? ?????

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