Suggested reading for pre-law school students, this book contains the representing attorney's actual story about a lawsuit involving the coal industry. The terminology, processes and struggles included in the story, as well as the lawyer's thought-processes and actions introduce the reader to the real world of legal advocacy, which is not parallel to the Law & Order dramas on television. If you're contemplating entering the legal profession, this book narrates one situation with enough detail to give you a feel for the work you may be doing.

This book was on my law school reading list. I was supposed to read it before school started but never got around to it. Now that I've graduated, I decided to read it. I enjoyed the beginning. I was stirred by the description of what happened when the dam broke. I perceived empathy in the author's tone. Immediately, I was pulling for the victims, regardless of whether they were significantly impacted by the flood or only had minimal contact with the disaster. But, as the book went on, the tone changed. I felt like it was more a story about Stern. The author seemed to become more boastful. It also seemed like he spent a long time thoughtfully writing the beginning of the book, then rushed to finish it at the end. The end was not as compelling as the beginning. The end was slightly unsatisfying. Overall, this is an interesting book that tells the story of what happened in Buffalo Creek and a self-appraisal of how Stern thinks his lawyering was during the case. The downside is that the end turned into a story about Stern's "win" in negotiating a settlement instead of a win for the victims. The book would also be well-served by print of a second edition with an epilogue. You'll end up asking yourself how much the survivors really did win, and whether there truly was a lasting impact on coal companies.

I too had to read this book for my Civil Procedure class. Let me start off with the positive. With the coal disaster that just happened in Utah, I thought it was quite interesting that the response was the exact same by the coal mining owners. Both Piston / Buffalo Mine Co. (from the book) and the Utah mine owner prematurely said the disasters were an "act of God," without yet knowing all of the facts. And I do think Stern did a good job at getting the reader very upset with the coal companies. However, that was where the positives ended for me.

First off, there were so many spelling / grammar errors, that I lost count. Did Stern have someone proof read the book? The errors are so obvious, I can't believe someone didn't catch it. Now, as for the substance of the book, Stern provides WAY too much detail. He could have cut the book literally in half. I know Civil Procedure teachers like this book since it is so comprehensive and talks about diversity and all that, but I just felt like there was way too much unnecessary detail in the book. Although, I read through all the boring / unnecessary parts, because I thought it would be a good ending. Wrong! By the title of the book I expected that the plaintiffs would be set for life. Which was hardly the case. I don't want to give away the final number, but let's just say that at the very beginning Piston offered $10,000 each for the wrongful deaths. And after all the time and energy, the plaintiffs only got $13,000 each. And they actually got a lower amount because in their net recovery had to be adjusted for the expenses and legal fees of the case paid to the lawyers. In fact, Stern doesn't even list a net amount, adjusted for legal fees and expenses, that the plaintiffs took in because I think it would be too embarrassing. Ok granted, that Stern was able to get the original 200 something plaintiffs up to 625 because he filed for the each person, even the children, and not just the families. Thus, the families did take in more than they would have gotten originally, since it around $13,000 each compared to $10,000 as a family as a whole. But I would hardly say that they beat Piston. Stern had originally asked for $64 million; which in settlement talks immediately went down to almost half that at $32.5 million. Then he was trying to negotiate between their high number and Piston's low number of $3 million. And if you think he even got the middle number between 32.5 and 3--well, you would be wrong. I actually think Piston won! They had insurance to up to $17 million. And well, the settlement number was way below that. This made me so mad because I do think Stern had made a case for wanton and reckless and not just negligence. I know this was in the 70's and everything must be adjusted for inflation, but I still don't think this was a great number. Basically what happened is that the plaintiffs just got the same initial settlement that Piston offered, but it was for each person affected by the disaster including the children. This is hardly a win in my book. And what about the people that maybe just lost a spouse and they had no children between them? They would have been better off just settling immediately. They could have gotten the money right away. Stern at the beginning of the book laughed off Piston's $10,000 wrongful death settlement amount. But isn't this just what the plaintiffs got for their lost ones except years later?

What is very interesting is that Stern and his lawyers got off with a cool $3 million. And he boasts "sometimes you do well by doing good." He is way too self-righteous. Just because the lawyers may have done well doesn't mean the plaintiffs did well. And just because he calls it a "win" doesn't mean that it is such. After everything that these people went through, I feel they got screwed twice over, first by Piston/ Buffalo Mining Coal Co. and then by a self-righteous lawyer who made bank off of them. And Piston / Buffalo made off fairly well. Will someone who liked this book please explain to me how the plaintiffs "won?" Because I just don't get it.

Death is permanent. For an attorney, civil procedure is at best an intellectual exercise. A million pennies in their hands in the pursuit of truth or justice is only so much coinage in the river Styx. It can not reverse time, vindicate your tears or revive the dead. It will empty your pockets in a hurry, however. Several million lawyers stuck in a mine shaft--now there's an uplifting story.

Gerald Stern is the lead lawyer for over 600 plaintiffs who weree suing the West Virginia coal company and their sole corporate stock holder, another corporation in New York over the flooding that killed several dozens people and leave hundreds homeless. This book not only recount the stories of the Buffalo Creek disaster in vivid details, but it explore in-depth the civil proceeding the follow the incident. Stern shows his readers in-depth the process of litigation and legal- and sometime extra-legal- tactics that lawyers employ to their advantage. This book would be an unconventional reading for law classes where students are force to study cases their ruling and the legal theory behind it, instead Stern demonstrate the real life strategy of attacks and defenses that lawyer employed. It range from how to pick a judge (and the heavy research that went behind it,) to suing through the corporate veil and going at the stock holder for compensation, and to the negotiating a settlement, and where to balance the ego of the lawyer and the benefits for their clients. Stern wrote in a non-technical style that anyone could jump in and still find it fulfilling. This is a highly enjoyable read and an enriching experience to understand the modern litigation process, it won't made lawyer out of us but it will help us know what they think.

I was assigned to read this for my Civil Procedure class in law school. Although I dreaded reading it, once I started, I could not put it down. As a law student (or if you are a lawyer for that matter), this was a great insight into how a lawsuit is constructed on such a grand scale. Even if you have no interest in law, Stern manages to tell such a compelling story, I would recomend this book to anyone. It provides great insight into the operations of a corrupt coal company, a state and region at the industry's mercy, and people who felt helpless when their lives were destroyed by the mining company's negligence and the state's oversight. A definite must read.

Even though the subtitle gives away the ending, you won't be able to put this one down as the author leads you to one clue after the other that bring down a corrupt company and give new life to a community ripped to shreds.

I though that this was interesting from start to finish...I would have given it a five if the ending wasn't given away in the sub-title.

I though that this was interesting from start to finish...I would have given it a five if the ending wasn't given away in the sub-title.

The book was amazing. Really a good read. The story of what happened to those poor people when the Buffalo Creek Dam broke is absolutely heartbreaking, but they were able to triumph in the end. The book is not bogged down with legalese as it so easily could have been, making it accessible to readers who are not familiar with the law world and its idiosyncracies. Very well written. I highly recommend!

I read this book during my first semester of Civil Procedure in law school. It's a wonderful book. Get it!

I read this book during my first semester of Civil Procedure in law school. It's a wonderful book. Get it!

This is an excellent book to read while in law school on the days when you are questioning why you want to enter the profession. The Buffalo Creek disaster was a horrible tragedy in poverty-stricken coal mining region and the people who had lost relatives, their homes and their livlihoods had no where to turn until a law firm was willing to take their case and fight the large mine operators. The book is written by the lead attorney on the case, which certainly makes it slightly self-serving, but this just proves that justice can truly can served through the law and lawyers can make the world a better place. The writing is very clear and easy, the action is fast paced and it is very educational (it somehow makes torts and civil procedure come alive). I would highly recommend this book for all aspiring lawyers or people who are already practicing.

This book is a firsthand account by Gerald Stern, the lawyer who represented many of the coal mining families affected by a disastrous flood that killed many of the residents of Buffalo Creek Valley, West Virginia.

Despite the fact that Stern falls into many of the pitfalls that this type of author encounter, the story itself is riveting enough to forgive the book's many flaws.

In the tradition of Erin Brockovich and A Civil Action, this book focuses on the legal battle between a profit-mongering corporation and the honest people whose lives have been threatened. In this case, the danger manifested itself in a dramatic and explosive way, as a poorly-constructed dam gave way and a wall of water thundered throughout the valley, creating hundreds of gut-wrenching stories of families torn asunder. The dramatic power of some of the true survivor stories is just unbelievable, as in some cases men are forced to choose between holding on to a life-saving bit of wreckage, or holding on to their children.

The gross neglect that led up to the inevitable disaster is overshadowed by the scandalous legal tactics that the mining company employs in the aftermath, including seeking out survivors and getting them to sign agreements that gave them a pittance in exchange for exoneration.

Stern and a handful of survivors were able to persevere against all odds and get a mammoth settlement that certainly encouraged companies to be more careful about how callously they treat the communities that sustain them. Of course, the climactic victory is still overshadowed by the grief that the massive loss of life has created.

Stern is no great shakes as an author, but he has a compelling story to tell, and he wisely shares the stories of the survivors without editing. Drawbacks include a tendency to lionize his own image (he shares little to no negative information about himself), and a playing up of the frustration of the corporate counsel who acts as his main opponent, a Mr. Zane. The encounters between them are recounted a bit too neatly, and a bit too smugly, for my liking.

Despite these negatives, this is an important story about a dark chapter in corporate American history. Everyone should read it to get a feel for the shocking evil that a profit-driven corporation can be capable of (in this worst-case scenario), and for the inspiration that can be gathered from a group of average citizens gathering together to demand justice.

I was assigned this book by my Judicial Processes proffessor. I think this book gives a good overview of what a case involves and anyone thinking about being a trial lawyer or even law school should read it. It stresses the importance of research and even which court to file in. It takes the reader through the many problems that Stern has to deal with and shows how he and his team solved them. Also, it gives a good look into the adversarial system and how attorneys work within it.

But there is more to this story than just seeing the law process in action, there is the human element. We see the people that were hurt in the coal mining disaster and how much hardship they went through during the disaster and then afterward when dealing with the corporation and their loss. It is a very interesting read.

Sympathetic, descriptive, heart-wrenching, sweet and triumphant. These are the adjectives suitable to describe this novel. It is the true story of the actual Buffalo Creek Disaster and written by the lead attorney for the plaintiffs. It is a candid story of how a community of coal miners banded together and brought suit against a huge coal company and made them pay. Some witness recollections are almost unbearable to read, the depth of description and emotion evoked will bring tears to your eyes. Its a short and enjoyable, and if you are not familiar with legal jargon its novice friendly.

We were sent a reading list the summer before we began law school. This book was on the list. It's a piece of junk. Nothing more than a sniveling plaintiffs attorney trying to justify his robbery. All the pieces are there - poor people, evil corporations, etc. Basically, it's a boring, dated, tired, overused theme.

Jerry Stern's account of the litigation over the Buffalo Creek dam disaster ought to be read by every wannabe trial lawyer so that he or she will understand the tremendous creativity real lawyering, particularly lawyering down in the pits, requires.

The real practice of law requires vision and courage, which this book amply illustrates. Stern and his team from Arnold and Porter took on the near impossible case, armed only with the real tools of our trade, the words and ideas that form the arguments that shape the law.

And yet this is not just the story of courageous plaintiffs' lawyers, it is about the truly great defense lawyers on the other side, in particular Zane Grey Staker, whose tenacity and command of the language and of his case, gave the A & P lawyers a great and fair fight, and of the United States District Judge, whose role was not only to provide each side with "the cold neutrality of an impartial judge" but who understood that proper case management plays a critical role in achieving substantial justice.

The premise of Stern's book is - "How the survivors of one of the worst disasters in coal-mining history brought suit against the coal company - and won."

One of my civil procedure professors required us to read this book before our first year of law school, because it does an excellent job of framing the issues that a lawyer might face. From that standpoint, it serves as a good teaching tool. From a social standpoint, I also believe that the book raises valuable questions about the legal system and whether it promotes corporates interests unless there is a firm like Arnold & Porter that is willing to step in and undertake this type of representation. Too often, there are attorneys who view mass disasters as an opportunity for themselves, rather than as the tragedy that they are for the victims. But, on a professional level, although I think that Mr. Stern did a good job of representing his clients, at the end of the book I wondered whether he was as successful as he thought he was. Certainly, his clients were better off than they had been before his efforts, but given the fact that his law firm earned more than $3 million from his efforts, did his 600+ clients fare as well as he thought?

A great story of how a lawyer out-witted and was ultimately victorious over the corrupt and intimidating system of coal company dominance in West Virginia.

This is a must read for any student of the Environmental Studies, any Eco-activist, or just anyone who cares about the health of the environment.

This book, while it did not focus on the areas of pollution, it did show what can come about from our country's ever increasing demand for fossil fuels. And how over 100 people paid the ultimate price for that demand.