BUFFALO CREEK DISASTER

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Presentation transcript:

BUFFALO CREEK DISASTER A Civil Lawsuit

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

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

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

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

STRUCTURE OF CIVIL SUIT Starts with complaint

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

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

Why Settle? ?????

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