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implementation when your company is embroiled in a tragedy that triggers unwelcomescrutiny and potentially devastating claims. 4III.Anatomy of a CatastropheTo frame our discussion, the following paragraphs summarize a real tragedy that led tocatastrophic litigation.In the middle of the night on August 6, 2007, in a remote Rocky Mountain site, amassive pillar of coal being mined suddenly collapsed. The implosive failure occurredduring the controversial practice of “retreat mining.” Six miners were working on thenight shift 2,000 feet underground – over four miles from the mine’s entrance – andwere instantly entombed. The collapse was felt as a 3.9-magnitude earthquake.This extremely remote site quickly developed into a 24-hour international news andcrisis management center. Since it was possible that the miners were still alive, fellowworkers, family members, engineers, equipment operators, healthcare providers,government investigators, investigative reporters and curiosity seekers arrived tosupport, protest, pray, and report on the search-and-rescue efforts. Plaintiffs’ lawyersappeared soon after.The mine company’s CEO took personal charge at the site and quickly became thepublic face of the tragedy. He personally led grieving families, reporters, government4 These materials were written to benefit a national audience. The authorities cited are representativediscussions of important legal issues that arise in catastrophic litigation. Please consult your ownjurisdiction’s law for more specific guidance.

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