Pleading: The plaintiffs filed three claims (causes of action) which were (1) Pittston acted in a way which

was negligent, grossly negligent and with wanton, willful, reckless intentional disregard of the live and property of the Plaintiffs and Plaintiffs descendants and as a direct result Dam 3, and then 1 and 2 failed causing massive damages and killing 125 men, women and children. (2) Defendant created and maintained Dam 3, Dams 1 and 2 and the pools of water behind each of them and also a burning refuse pile and that the creation and upkeep of these nuisances is the direct cause of damages incurred on the Plaintiffs. (3) The defendant violated federal safety laws in its construction and upkeep of the dams, which also was a direct factor in the damages the Plaintiffs suffered. For the Plaintiffs suffering they sought compensatory and punitive damages, as well as an injunction. And costs/fees. Injunction would have meant that the federal court would then have been supervising the company and if there were a violation there would have been much more punitive effects. Motions: Pittston filed a motion saying that could not be sued because they were only a corporation who owned Buffalo Mining Operation and that the court should not be able to sue them. Not the proper party. (Piercing the corporate veil theory). Would have gotten Pittston out of the lawsuit. Motion was denied.

D made motion to extend time. granted by the plaintiffs. Summary Judgment motion. Saying that absent Ps had no claims. Motion Denied. Defendant also filed a motion saying that since most of the survivors that were suing, had not come into contact with the flood waters and therefore could not (under WV law) claim damages for psychic impairment. Motion was denied. Discovery and Investigation: The Plaintiffs lawyers did their discovery and investigation largely by talking to the people of the community and hearing their stories and what they had lost when the disaster struck. They also spent hours researching statutes, Federal mining codes and laws, jurisdiction in suing the corporation, possible Judges opinions on cases similar, and to see if there was any precedent set by the law. They also requested documents such as the governors Ad Hoc (created for a particular purpose) Commission about the disaster, which they did finally receive. (1) Interview, (2) Site, (3) Pittston Information discovery: Depositions: Parties get a sworn testimony by someone with valuable information as a way to learn more background. These are seldom used in trial and mostly as a way to gather information to make a case. Ds deposed all the plaintiffs. P deposed Pittston people

Interrogatories: written Qs that go from one party to another. They have to respondcan create a huge burden for the P attorneys who mostly always have to sit with P to fill out, evaluate and then send back to D. D sends interrogs to all Ps. Request for Documents: Parties can gather documents from a wide variety of sources in order to strengthen their case or to find out other testimony that the other side may be using. They also use this as a way to fortify and support their claim. THESE GO FROM PARTY TO PARTY. Mental exams: These were used as a way to establish if the plaintiffs did indeed suffer from some psychic trauma or survivors syndrome. Subpoenas: This can be used to call in an uncooperative witness's appearance under authority of the law, as well as a subpoena for records or information that either side may deem important to their case. SOMEONE NOT INVOLVED IN THE PARTY. Questions: