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Summary A Civil Action · PDF, DOC, TXT or eBook ☆ ❮PDF / Epub❯ ✅ A Civil Action ❤ Author Jonathan Harr – Gwairsoft.co.uk A Civil Action is a non fiction book by Jonathan Harr about a water contamination case in Woburn Massachusetts in the 1980s After finding that her child is diagnosed with leukemia Ery a subsidiary of Beatrice Foods a chemical company W R Grace and another company named UnifirstIn the course of the lawsuit Schlichtmann gets other attorneys to assist him He spends lavishly as he had in his prior lawsuits but the length of the discovery process and trial stretch all of their assets to their lim. It is easy to miss the lesson of this very interesting book Perhaps even Jonathan Harr did not fully understand the real meaning of the story that he very ably delivers A CIVIL ACTION is the true account of a civil lawsuit brought by a group of parents seeking to recover damages from two large corporations who polluted their local water supply causing serious illness to the families in their community The story is sometimes cited as an illustration of how our legal system has gone awryThat is not the key point at all Rather the plaintiffs chose as their lawyer a man who was unualified to represent them He was never suited for the difficult job that faced him He lacked the mental and material resources to do the job correctly Notwithstanding and despite his inexperience he was energetic and aggressive He managed to maneuver the defendants into each offering him a settlement that together would have been uite large enough to constitute a serious win in any lawyer's understanding of that term But sadly even tragically he was too youthful to have the judgment to accept the win when it was offered His mistake resulted in very unhappy conseuences for his clientsThat was not a failure of the system That was a failure of a particular man

A Civil ActionEry a subsidiary of Beatrice Foods a chemical company W R Grace and another company named UnifirstIn the course of the lawsuit Schlichtmann gets other attorneys to assist him He spends lavishly as he had in his prior lawsuits but the length of the discovery process and trial stretch all of their assets to their lim. It is easy to miss the lesson of this very interesting book Perhaps even Jonathan Harr did not fully understand the real meaning of the story that he very ably delivers A CIVIL ACTION is the true account of a civil lawsuit brought by a group of parents seeking to recover damages from two large corporations who polluted their local water supply causing serious illness to the families in their community The story is sometimes cited as an illustration of how our legal system has gone awryThat is not the key point at all Rather the plaintiffs chose as their lawyer a man who was unualified to represent them He was never suited for the difficult job that faced him He lacked the mental and material resources to do the job correctly Notwithstanding and despite his inexperience he was energetic and aggressive He managed to maneuver the defendants into each offering him a settlement that together would have been uite large enough to constitute a serious win in any lawyer's understanding of that term But sadly even tragically he was too youthful to have the judgment to accept the win when it was offered His mistake resulted in very unhappy conseuences for his clientsThat was not a failure of the system That was a failure of a particular man

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A Civil Action Ê A Civil Action is a non fiction book by Jonathan Harr about a water contamination case in Woburn Massachusetts in the s After finding that her child is diagnosed with leukemia Anne Anderson notices a high prevalence of leukemia a relatively rare disease in her city Eventually she gathers other families and seeks a. Litigation – A machine which you go into as a pig and come out of as a sausage Ambrose BierceI read this book early in my legal career probably 20 years ago It's a fascinating relatively suspenseful account of a modern day tragedy that offers the truest view of civil litigation at least in the federal courtsIn Woburn Massachusetts not far from Boston in the 1980s a cluster or a particular area with a high incidence of leukemia developed Families of the leukemia victims retained the services of a small Boston law firm 34 attorneys to look into what they thought was the pollution of their water supply by a local tannery owned by Beatrice Foods and by the chemical company WR Grace The law firm hired experts who found high concentrations in the Woburn water supply of trichloroethylene TCE a chemical commonly used in production processes and known to be a possible cause of cancer The law firm also located a witness who worked at the tannery who was prepared to testify that he had participated in removing sludge from the tannery's site and dumping it into a nearby stream over several years The plaintiffs' and their David firm were ready to go to the jury with all their sick plaintiffs Yet the defendants' counsel at silk stocking Boston firms persuaded the judge to bifurcate the trial Specifically in this bifurcated trial the issue of causation was tried to the jury first wherein the jury would determine if by a preponderance of the evidence the defendants' pollution proximately caused the leukemia instances If so the parties would present evidence to this same jury on the damages suffered by the plaintiffs If not the case was over In the first phase of the trial on cause the parties would be prohibited from offering any evidence on the plaintiffs' damages That is to say the jury deciding causation would not get to hear from the plaintiffs who had been harmed indeed would not hear a word about any damages or suffering unless and until the second phase of the trial Such an outcome is devastating to plaintiffs who count on the jury being swayed by human nature to err on the side of caution on the causation issue due to the obvious and awful effects of leukemia on its victims and their familiesIn a suit for environmental contamination or med malpractice or products liability the expenses for experts can rapidly reach astronomical proportions The experts are so important to proving that the act contamination actually caused the leukemia or damage or injuries The experts must be hired early just to get past motions to throw the case out of courtAs a conseuence of these high costs relatively few law firms handle these cases Small law firms cannot afford to front the expenses and then possibly be left holding the bag if the case tanks before they can even get to a jury It works as a natural filter in many respects though If these few dozen law firms all take a pass it's likely the case would be thrown out for one reason or another or the case is just not worth all the expenses in terms of a potential recovery Conversely if one of these firms does take your case chances are decent that some money will be paid by the defendants after years of litigationThere are times though that a small law firm with a big ego like the one in this book decides to take on Goliath in one of these expert intensiveexpensive cases Of those the results are often tragic One in a 50000 might be able to go all the way successfully Mr Harr's portrayal intrigues in an area high stakes civil litigation of environmental causation that can be extremely tedious Many don't realize that 95% of the work on a civil lawsuit happens before the parties even see a jury That 95% is mainly comprised of arguing motions after motions some lawyers engaging in sophistry and word games in responding to discovery uestions battles over who should have to produce what documents lengthy and often complex written legal memoranda presented to the judge mediation and lengthy depositions of the parties witnesses and experts often happening in widely ranging areas of the country among other thingsIn short the author was able to condense years of litigation into a compelling story of a lawyer though a bit too full of hubris in a small law firm who took a shot at Fortune 500 companies and their battalions of lawyers on behalf of these poor Woburn residents and lost everythingHighly recommended if you're intrigued by civil litigation or environmental contamination review ↠ PDF, DOC, TXT or eBook Ö Jonathan Harr

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Jonathan Harr Ö 0 Summary Lawyer Jan Schlichtmann to consider their optionsSchlichtmann originally decides A Civil ePUB #199 not to take the case due to both the lack of evidence and a clear defendant Later picking up the case Schlichtmann finds evidence suggesting trichloroethylene TCE contamination of the town's water supply by Riley Tann. An amazing book that opens a window on the world of civil lawsuitsThe book concerns a leukemia cancer cluster of half a dozen children that popped up in the mid 1970s in Woburn Massachusetts about half an hour North of Boston Besides the cancers the children and their families also developed a host of strange ailments rashes fatigue headaches constant nausea After some tests it was proved that two wells that were pumping Woburn's water were infested with trichloroethylene TCE and were ordered shut down It looked like two factories in the area one owned by WR Grace and the other by Beatrice Foods might have been the culprits Jan Schlichtmann a relative newbie lawyer took the families' case and then almost bankrupted his own firm in the process He spent over two million dollars on geologists epidemiologists doctors and law professors as well as on medical and groundwater tests all trying to prove that the two companies knowingly polluted the water and poisoned his clients The discovery process lead to years of deposed witnesses and experts and the actual trial lasted for months Of course the aftermath of appeals and counter appeals settlement offers and negotiations lasted for years It's a real life Jarndyce v Jarndyce straight out of Dickens This may sound like potentially tedious material but Jonathan Harr a former writer for the New Yorker makes it constantly vital alive and real The people in the story from the fanatically determined Schlichtmann to the droll Jer Facher the Hale Dorr lawyer for Beatrice to the ornery District Judge Walter Skinner to the families of the children all come across with their own ualities and foibles and one gets the sense of a real honest appraisal of their characters and their role in the drama The trial and discovery process offer innumerable twists and demonstrate the real thought and intelligence that must be put into these efforts by all sidesSo I heartily recommend this for anyone wanting to read about the American legal system in process or for anyone who just loves a great story