1. Who are the plaintiffs in this movie?
The Members of community. About six hundred and thirty four.
2. Who are (is) the defendant(s)?
The Pacific Gas and Electric Company
3. What wrong was done to the plaintiffs to cause them to sue?
The company contaminated the drinking water with hexavalent chromium and polluting the environment by discharging the effluents to the unlined ponds at the site.
4. Did they try to settle out of court? If so, what was the settlement offered?
The case between the Pacific gas and Electric Company was tried to be settled out of court by resolving to hiring a judicial arbitrator and the Company agreed to pay an award between fifty million United states Dollars and four hundred million United States Dollars as settlement to more than six hundred residents whose lives were allegedly affected, in one way or another, by the contamination caused.
5. What is a demurrer (as explained in the movie)? In which phase of a lawsuit is it used?
Demurrer is an act where the parties involved thinks of acquitting the defendant of the crime done basing on lack of evidence or lack of sufficient evidence. In the film, the Masry and Vittitoe law firm is contemplating on acquitting the Pacific Gas and Electric Company basing that the evidence available doesn’t prove that there is presence of carcinogen in the chromium alleged to be used by the Pacific gas and Electric Company. And they therefore should study more so that the evidence is brought to table. This is the beginning of the lawsuit and the lawyers and attorneys are evaluating how they will present their case in the court of law.
6. Was the pleadings phase of a lawsuit demonstrated in the film? If so, list the procedures used?
The pleading phase is well demonstrated in the case. This aid to prove the presence of carcinogen in the water. The pleading phase was listed in the court. Listed on the court included, a breast cancer victim caused by the chromium poison. Among others, the plaintiffs listed included those who had chronic nose bleedings and other conditions exhibiting an awful symptom of disease caused.
7. Was the pretrial discovery phase demonstrated in the film? If so, list the procedures used.
The pretrial phase of lawsuit demonstrated in the film that there were several trials in which it replete with a dozen of experts before they decided to form a three judge arbitral panel. Pretrial procedures were conducted by Erin Brockovich, she did these by visiting the sick people poisoned by the alleged carcinogenic content alleged to be in the chromium hexavalent diluted in water.
8. Did this case go on to the trial phase? Explain your answer.
The case in Erin Brockovich film didn’t go to trial. This is due to the fact that The Pacific Gas and Electric Company and the plaintiffs lawyers agreed to use arbitration.
9. Explain the term arbitration and was it used in this particular case?
Arbitration is a term which is usually used in matters regarding the disputes. In applying arbitration, a third party is involved. These third parties have to pass the judgment fairly without favoring or fearing one of the parties. Arbitration usually happens outside the court and any award which should be given to the third party who is to determine the case should be wholly agreed by both parties. The third party chosen should be wholly for the case determination and any other relationship outside the case wasn’t allowed and thus strangers are the best people to be picked.
The arbitration is demonstrated in this case when the plaintiff’s lawyers agreed that they would hire a private arbitrator before a panel of judges whom are also social to the plaintiff’s attorneys.
10. What was the final award amount for this case?
The Pacific Gas and Electric Company were ordered to pay $333 to be distributed among all the plaintiffs.