This paper explains that, in February of 1972, a dam built of coal waste refuse collapsed, unleashing a torrent of water
and waste, sludge derived from
coal-mining and coal-washing operations, killing 25 people and leaving the four thousand survivors homeless, their lives devastated, and their personal properties destroyed. The author recounts that Washington DC-based Arnold and Porter, for which Gerald Stern worked, took on the case; Stern's work as an advocate for disenfranchised minority citizens of the American Deep South made him an ideal and idealistic lawyer representing the survivors of the Buffalo Creek disaster. The paper relates the two main aspects to the Buffalo Creek Disaster lawsuit, which Stern won,: (1) The
plaintiffs had to prove that Pittston was not simply careless or negligent, but was actually recklessly responsible for the disaster; and (2) Stern had to come up with monetary figures for his plaintiffs, assessing the damages due to them should the lawsuit be successful.