A Civil Action is a non-fiction book by Jonathan Harr about a water contamination case in Woburn, Massachusetts, in the 1980s. The book became a best-seller and won the National Book Critics Circle Award for nonfiction.
A Civil Action is a non-fiction book by Jonathan Harr about a water contamination case in Woburn, Massachusetts, in the 1980s.
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A civil lawyer most commonly works on cases involving: They're also involved in civil rights, business law, and personal injury law. In many other cases, lawyers are on hand to provide advice for those dealing with complex procedures. Civil lawyers perform essential functions in these cases.
The central themes of A Civil Action are the pursuit of justice and the question of corporate and judicial ethics. The pursuit of justice: The Woburn case is exceptional in that concerns a massive, concealed transgression.
Jan Schlichtmann is one of America's foremost environmental lawyers, specializing in toxic torts and consumer protection. He graduated from University of Massachusetts at Amherst in 1973 before attaining his JD at Cornell University in 1977.
After a lengthy trial, the case is dismissed in favor of Beatrice, after Jan turned down an offer of $20 million from Beatrice attorney Jerry Facher during jury deliberations.
He practices environmental law.
Schlichtmann took the case to trial and won $4.7 million. It was thought to be the largest malpractice award in Massachusetts history. Woburn was his next case.
He devised a maneuver to keep the victims' families from testifying by focusing the first phase of the trial on a scientific question: whether any of the poisons had actually migrated from the tannery to city wells. He underscored the fact that the 15-acre tannery site was separated from the city wells by a river.
Typical civil causes of action include breach of contract, battery, or defamation and violations of federal statutes and constitutional rights. To establish a prima facie civil case, a plaintiff must describe his or her damages or injury, explain how the defendant caused the harm, and ask the court for relief.
The EPA files charges against the tannery's owners, and a much higher settlement is eventually offered and accepted, which included an apology and cleanup. At the end, it's revealed that it took Jan several years to pay off all of his debts, and he has since taken another polluted water case.
"A Civil Action" focuses on a liability lawsuit filed by eight Woburn families against Beatrice Foods and W. R. Grace. These corporations were accused of dumping chemicals (especially trichlo roethylene, a probable human carcinogen) in ways that allowed the compounds to reach Woburn's water.
Jerome Facher : [to law students] Now the single greatest liability a lawyer can have is pride. Pride... Pride has lost more cases than lousy evidence, idiot witnesses and a hanging judge all put together.
The perfect victim is a white male professional, 40 years old, at the height of his earning power, struck down in his prime.
Who was the "imperfect victim?" A dead child. What was the attorney's name who wheeled the young man into the courtroom? When Jan Schlictmann initially meets with the people in the church, he said that the defendant must have "deep (blank)" in order to prosecute them.
Jonathan Harrâs A Civil Action is a nonfiction account of the legal case between several families in Woburn, Massachusetts, and two corporations, Beatrice Foods and W.R. Grace. When the book begins, a young boy named Jimmy Anderson gets sick. His mother, Anne Anderson, believes it is just a cold.
She and the other families with sick children enlist the services of a lawyer named Jan Schlichtmann, who puts together the lawsuit that will try the two corporations for poisoning the groundwater that would spread hazardous chemicals into the water supply that led to the Woburn neighborhood in question.
Ultimately, the jury exonerates Beatrice Foods and indicts W.R. Grace, but Grace settles with Schlichtmann before the second phase of the trial can begin. A Civil Action is a detailed and at times difficult. The case is presented in the clearest manner possible and reflects the procedures and machinations that take place in ...
When the book begins, a young boy named Jimmy Anderson gets sick. His mother, Anne Anderson, believes it is just a cold. Jimmyâs condition rapidly deteriorates, however, and soon he is diagnosed with leukemia. Approximately the first quarter of the book presents the backstory of the Andersons and several other Woburn families whose children are stricken with leukemia. The cases all occur within a relatively small neighborhood, an uncanny coincidence that leads Anne to seek legal representation.
Eventually she gathers other families and seeks a lawyer, Jan Schlichtmann, to consider their options.
The plaintiffs' case against Grace is far stronger for two reasons: (1) Schlichtmann has personal testimony of a former employee of Grace who had witnessed dumping, and (2) a river between Beatrice's tannery and the contaminated wells makes Beatrice's contribution to the contamination less likely.
Schlichtmann originally decides 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 Tannery, a subsidiary of Beatrice Foods; a chemical company, W. R. Grace; and another company named Unifirst .
Cryovac. The first reported decision in the case is at 96 F.R.D. 431 (denial of defendants' motion to dismiss). A 1998 film of the same name, starring John Travolta as plaintiff's lawyer Jan Schlichtmann and Robert Duvall as Beatrice Foods attorney Jerome Facher, was based on the book.
Schlichtmann eventually practices environmental, civil, and personal injury law. A report from the Environmental Protection Agency (which later filed its own lawsuits against the companies based on new evidence) concludes from sludge removed from the site that both companies had contaminated the wells.
Harr's book dramatically describes how a case can consume a
enjoyment of law school portend that she will enjoy the practice of
As a litigator or trial lawyer, you usually cannot predict the slack
of law school semesters or quarters. You do not receive grades at
cases. This preoccupation with your clients' matters is especially true
The plot centers on a lawsuit brought by a group of residents of Woburn, Massachusetts, against several industrial polluters. At the heart of the film is the confrontation between an up-and-coming plaintiffsâ lawyer played by John Travolta and a grizzled, big-firm defense lawyer played by Robert Duvall. The Duvall character seems an avatar of the amoral corporate lawyer, whereas the moral status of the Travolta character seems more uncertain and may evolve over the course of the movie.
In any event, the plaintiffsâ lawyer seems to have no empathy for the terrible grief of his clients; indeed, he expressly disclaims any such emotional response by a lawyer as counterproductive to the clientsâ legal interests â which he equates with maximizing financial gain. Gradually, we, the audience, come to see that the clients are less interested in money than in an explanation of why they lost their loved ones, an apology for wrongdoing, and generally having their basic human digintity recognized by the big corporate and legal actors in the case. The Travolta character finally seems to get some sense of this by the end of the movie â although there is enough emotional subtlety in the production that we do not get an overly obvious epiphany. Still, I think the movie works as a healthy reminder for lawyers and law students of the human needs for healing and respectful treatment that lie behind much litigation, and that cannot be met through dollars and cents alone.
A civil lawsuit is a private dispute between two parties. The dispute may include either two people or two groups. The lawsuit a court process that allows one party to hold a second party liable for an action, usually an action that wronged the first party. For example, in the Brown v.
Civil litigation also offers another serious asset to those who've been wronged: a less stringent burden of proof.
Civil lawsuits have a far lower burden of proof. They require only a preponderance of the evidence. One side must show that there's a 51% chance that the other party committed the wrong.
In a criminal case, a lawyer's task is to prove their case by using "proof beyond a reasonable doubt". In other words, it must be crystal clear to everyone that the accused is guilty through the evidence alone. Civil lawsuits have a far lower burden of proof. They require only a preponderance of the evidence.
Civil litigation often falls under one of the following categories of law: 1 Housing law 2 Labor and employment 3 Antitrust 4 Environmental law 5 Intellectual property 6 Product liability
In many other cases, lawyers are on hand to provide advice for those dealing with complex procedures.
Brown v. Board of Education (1954) was a Supreme Court case between Linda Brown and the Kansas Board of Education. The justices ruled that segregated schools were unconstitutional because the practice was in violation of the Equal Protection Clause of the Fourteenth Amendment of the U.S Constitution.
Macy, Kathleen Quinlan, and Tony Shalhoub, it tells the true story of a court case about environmental pollution that took place in Woburn, Massachusetts in the 1980s. The film and court case revolve around the issue of trichloroethylene, an industrial solvent, and its contamination of a local aquifer. A lawsuit was filed over industrial operations that appeared to have caused fatal cases of leukemia and cancer, as well as a wide variety of other health problems, among the citizens of the city. The case involved is Anne Anderson, et al., v. Cryovac, Inc., et al.. The first reported decision in the case is at 96 F.R.D. 431 (denial of defendants' motion to dismiss). Duvall was nominated for an Oscar for his performance.
Roger Ebert of the Chicago Sun-Times gave the film 3.5 out of 4 and wrote: "Civil Action is like John Grisham for grownups."
After a lengthy trial, the case is dismissed in favor of Beatrice, after Jan turned down an offer of $20 million from Beatrice attorney Jerry Facher during jury deliberations.
A lawsuit was filed over industrial operations that appeared to have caused fatal cases of leukemia and cancer, as well as a wide variety of other health problems, among the citizens of the city. The case involved is Anne Anderson, et al., v. Cryovac, Inc., et al..