Analysis Of The Buffalo Creek Disaster By Gerald M. Stern

The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

Civil actions protect individuals rather than the public. Civil actions protect the people, the injury

Our journal for the third week of class was to watch the movie A Civil Action, since we would not be in class. This movie was interesting because Jan Schlichtmann who was originally a greedy personal injury lawyer decides to take on case due to the potentially large settlement involved. Unfortunately, the case eventually bankrupted him and his staff. At the end of the movie, the viewer is able to see that he did not continue the case for the money once he began understand the entire situation. This movie chronicled the progression of Schlichtmann accepting the case to becoming broke. Because the movie carefully showed the underlying issues of water contamination in Woburn, Michigan. This allowed the viewer to understand that there is a fair amount of meetings and negotiations that happen behind the scenes in the legal system. Despite the fact that he was a talented lawyer who could negotiate. It was awfully apparent that in the short term the legal team with the most money and power would win the case, but not in the long run. When Schlichtmann decided to hand the case to the EPA they were able to out power and outspend Beatrice foods, Riley Tannery and chemical company W.R Grace; the companies involved in the water contamination issue.

Question 2 5 out of 5 points Which of the following is not a part of the measure of compensatory damages? Answer Selected Answer: Correct Answer: Damages to deter others from engaging in similar conduct. Damages to deter others from engaging in similar conduct.

The case of State of Oregon vs. Sandy Jones was brought to Spence’s attention after

The most important aspect in managing a disaster situation is preparedness. The simulation Disaster in Franklin County highlights the role of public health personnel, with emphasis on the public health nurse because the nurse is often a first responder to such a disaster. This helps to examine the roles, actions, coping methods, and techniques used by a nurse in a disaster scenario.

        Compensatory Damages - Special damages: things with actual cost such as medical expenses. General damages: Include pain and suffering which actually can not be priced.

In this short essay, the author will critically review Gerald M. Stern's The Buffalo Creek Disaster in terms of critiquing the author's thesis, supporting arguments, supporting evidence and authority, style, and content. It will also place the work in the context of the larger debate about the relationship between law and business. It is the position of this author that Mr. Sterns' position is correct and this position will be supported in the essay.

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

Levy introduced me to is contractual law. Mr. Levy allowed me to assist on insurance cases, which included observing meetings, summarizing depositions, and reviewing contracts. Even though I had experience reviewing contracts while working a couple of summers for a General Counsel at a large business, this was completely different because these agreements were among insurance companies and individuals, instead of insurance companies and businesses. Mr. Levy works on behalf of insurance companies, mostly State Farm, when they have disputes with their clients over wind and hail coverage. These cases are interesting because Mr. Levy has to not only deal with the individuals that are claiming the insurance company didn’t follow the contract, but he also must deal with the adjuster in each case. Mr. Levy gave me the responsibility of summarizing the depositions of the adjusters to confirm that none of them said anything that was contradictory or detrimental to State Farm’s case. Often these cases end with settlements or dismissals because either the insurance company decides to compensate the individuals or the attorney representing the insurance company gets a favorable summary judgment. Mr. Levy and other attorneys representing insurance companies frequently seek summary judgments when the plaintiffs don’t have significant evidence to prove that the insurance companies violated the contract. In most of the insurance cases that I assisted Mr. Levy on he was able to receive summary judgment because the plaintiffs didn’t have enough evidence to prove that State Farm was responsible for paying the

First, the “un-engineered” dam violated two laws; second, Pittston knew the dam was not safe; third, Pittston did not have a warning system in place to alert residents in case of disaster; fourth, by convincing the deputies to discontinue their warning efforts, Pittston negated the last-ditch effort that could have saved 125 people (Nugent 183). The most tragic finding from the multiple investigations and studies is that Pittston could have built a safe dam for less than 200,000 thousand dollars, an amount that was a mere “one-half of one percent of its 1971 profits” (Nugent 184), a small sacrifice that could have saved many lives. Pittston’s culpability lies in its reckless greed. One of saddest reminders of the horror of Pittston’s wanton disregard is a tombstone that reads: “This Tiny Trio / Boy-Girl-Boy / Who were the Victims of the Feb. 26, 1972 Buffalo Creek Disaster are unknown to us by name but to Our Heavenly Father they are known as three little angels” (Stern 47). The article Remembering Buffalo Creek, 40 Years Later commemorates the tragedy saying: “We have a responsibility to teach each future generation what happened and why, so that they cannot only reverently remember but make certain that history does not repeat itself” (1). One can hope all companies have this etched in their minds and hearts and souls when they think of sacrificing safety for a

Conclusion: Thanks to the landmark case, Marrita Murphy and Daniel J. Leveille, Appellants v. Internal Revenue Service and United States of America, Appellees, there is now no misunderstanding that awards received for damages to personal and professional reputation and mental suffering are included in gross income and are therefore taxable under 26 U.S.C. § 104(a)(2). This determines that because Murray did not suffer personal physical injuries and since gross income as defined by Code Sec. 61 includes compensatory damages for nonphysical injuries, such as those awarded to Murray, his award is in fact taxable [2007-2 U.S.T.C. ¶50,531, (Jul. 3, 2007)].

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.

Natural disasters have never been an issue for me in the twenty years I have been living in Florida. There have always been the threats of dangerous hurricanes living near the coast, but I never took them seriously. I always thought " they're just little storms, what's the worst that could happen?". I was so naive to think that way.