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SCENE 6 IN THE SCHOOL-When I stand on my front porch, I can see all the houses where children have died. These are the Kanes, the Toomeys, the Zohners, the Robbins and the Aufieros. Now, I want to be clear. I'm not interested in money... none of us are, that's not why we're doing this. What we want is to know what happened. And we want an apology. - From who? - From whoever did this. I want somebody to come to my house, knock on the door and say, "We're responsible. " "We did this. We didn't mean it, but we did it and we're sorry. " - But who is that? - Well, we don't know. - Mrs Anderson, our firm is very small, three attorneys, that's it. Which means that we can only take so many cases at once and we have to be very careful about the ones we do because, frankly, we can't afford to lose. Our clients pay nothing, we pay everything, we only get paid back if we win or settle. - I know that. - You want an apology. And there's nothing more I'd like to do than to get you that apology, but from who? Who is going to apologize to you and pay me? There has to be a defendant and one with very deep pockets. This is not an inexpensive case to try. - There's an old tannery out there. - A tannery? - And some other small factories. - I really wish I could help you but I can't. I'm sorry. - Maybe you could go out there for just a few minutes, to the river, to the wells, and take a look. For what? What would that...what would that accomplish? I do hope you find someone. And I am sorry.
- Thank you very much. - Drive carefully.
- It was fate. I was meant to get that ticket, at that moment, at that exact spot in the road. Do you know who Beatrice is? Peter Pan peanut butter, Tropicana orange juice, Rosarita Mexican Food, Swiss Miss cocoa, Samsonite luggage, Playtex bras... The list goes on! - And the other one? - W.R. Grace. Chemicals and manufacturing with plants in two dozen states, South America, Europe and Japan. - What's this? - That's the ticket. No, I've got the speeding ticket right here. - I know, I got two speeding tickets. - Oh, it was a two-ticket town, like that other place. Exactly. You don't want to take your Caddie there. Kevin, this is a gold mine. You almost let it get away. I almost let it get away.
Lawsuits are war... it's as simple as that. And they begin the same way, with a declaration of war - the complaint. When you're a small firm and they're a big one, steeped in history and wealth, like they always are with their Persian carpets on the floor and their Harvard diplomas hanging on the walls, it's easy to be intimidated. Don't... that's what they want. That's what they expect, like all bullies. That's how they win. I don't run away from bullies.
Mr Facher... Mr Doyle asked me to bring this to you. When? - When did he ask me? - Yeah. Just now. - On your lunch break? That hardly seems fair. - I almost never go to lunch, sir. Too much to do. I just grab something. - You know, if I were you, I'd make a point of taking an hour or so away from all the noise and insanity in this place. - I should do that. - I'd find a place for myself where I could go that was relatively quiet and peaceful, have a sandwich, read a magazine. Maybe listen to a game out at Fenway if one was on. I'd make sure everyone knew I didn't want to be disturbed me during that hour or so of solitude. Because that would be my time - my own private time, which no-one, if they had any sense of self-reservation at all, would dare interrupt. If I were you. - I'm sorry.
Jesus.
Jesus!
Jesus...
Mr Facher, it's Bill Cheeseman - Foley, Hoag and Elliot.
00:17:56,660 --> 00:17:58,298 We represent New York Grace.
00:17:58,380 --> 00:18:00,291 How you doing?
00:18:00,380 --> 00:18:04,054 Well, all right, I guess, under the circumstances.
00:18:04,140 --> 00:18:05,857 What circumstances are those?
00:18:05,940 --> 00:18:08,658 Woburn...these outrageous charges.
00:18:08,740 --> 00:18:12,015 This bloodsucking ambulance chaser, Schlichtmann.
00:18:12,100 --> 00:18:13,579 Who?
00:18:13,659 --> 00:18:17,618 We're co-defendants in a lawsuit, Mr Facher, a very serious lawsuit.
00:18:17,699 --> 00:18:21,453 - What? - What is that thumping?
00:18:23,859 --> 00:18:27,568 Yeah, well, it's gone now. It was driving me crazy!
00:18:27,659 --> 00:18:31,208 Ah, listen, I was wondering if I could talk to you about something.
00:18:31,299 --> 00:18:35,576 - Do you think we could get together for a drink or a... - What's on your mind?
00:18:35,659 --> 00:18:38,219 Well, I'll tell you what I'm thinking.
00:18:38,298 --> 00:18:41,734 - Are you familiar with Rule 11? - With what?
00:18:41,818 --> 00:18:44,013 Rule 11, it's a civil provision designed to
00:18:44,098 --> 00:18:47,010 prevent frivolous and irresponsible lawsuits like this one,
00:18:47,098 --> 00:18:50,010 and to sanction quite severely those who file them.
00:18:51,178 --> 00:18:55,137 Mr... Cheeseman. Cheeseman, is it?
00:18:57,617 --> 00:18:59,768 Mr Cheeseman. What is a fine?
00:18:59,858 --> 00:19:03,213 When you get a fine what do you do? You pay it and go back to business.
00:19:03,297 --> 00:19:08,451 If you're gonna knock a guy down, do it so he can't get up again.
00:19:11,617 --> 00:19:14,256 What are you looking for with this suit?
00:19:14,337 --> 00:19:16,897 Well, obviously, we'll be seeking compensation for the families
00:19:16,977 --> 00:19:20,367 and punitive damages for the willful negligence of these two companies.
00:19:20,456 --> 00:19:23,414 But is that what this is really all about...money?
00:19:23,497 --> 00:19:26,409 - No. - Is that what matters most to any of us?
00:19:26,496 --> 00:19:29,169 - No. - It's about this.
00:19:32,496 --> 00:19:34,248 And this.
00:19:37,576 --> 00:19:39,407 And this.
00:19:40,856 --> 00:19:42,448 Yeah.
00:19:43,776 --> 00:19:46,848 Yeah, I know, we have no feelings, no compassion,
00:19:46,935 --> 00:19:48,847 no empathy for our clients' suffering.
00:19:48,936 --> 00:19:50,608 Can I say something?
00:19:50,695 --> 00:19:53,414 What does that have to do with anything?
00:19:53,496 --> 00:19:56,056 In fact the lawyer who shares his client's pain,
00:19:56,135 --> 00:19:58,365 in my opinion, does his client such a grave disservice
00:19:58,456 --> 00:20:01,766 he should have his licence to practice law taken away.
00:20:01,855 --> 00:20:05,165 It clouds his judgement, and that's as beneficial to his client
00:20:05,255 --> 00:20:08,292 as a doctor who recoils at the sight of blood.
00:20:08,375 --> 00:20:09,330 All rise.
00:20:10,935 --> 00:20:12,926 This court is now in session.
00:20:13,014 --> 00:20:16,086 The Honorable Walter J Skinner presiding.
00:20:16,175 --> 00:20:18,130 Is this the only case?
00:20:18,215 --> 00:20:20,887 This is a lot of lawyers.
00:20:20,974 --> 00:20:22,727 Sit down.
00:20:24,667 --> 00:20:27,284 - Mr Facher. - Your Honor.
00:20:27,414 --> 00:20:31,293 You're looking well. The Red Sox must be in first place.
00:20:31,374 --> 00:20:34,332 Roger Clemens is the answer to my prayers.
00:20:35,654 --> 00:20:37,564 You have some interest in this case?
00:20:37,654 --> 00:20:42,522 I'm a co-defendant, so I guess I do have an interest, but it's not my motion. It's Foley-Hoag's.
00:20:42,613 --> 00:20:44,809 - And that motion is? - Your Honor, if I might.
00:20:44,893 --> 00:20:47,727 - My name is Jan Schlichtmann. - I know. Sit down.
00:20:49,573 --> 00:20:51,929 Now, the matter before us seems to be a simple one.
00:20:52,013 --> 00:20:55,562 - Your Honor, I'm sorry but I don't think it is simple. - May I hear it?
00:20:55,653 --> 00:20:58,512 No, you see the true intention of this motion is to try to place me
00:20:58,546 --> 00:21:01,371 under a cloud of impropriety in your courtroom, right from the beginning.
00:21:01,453 --> 00:21:03,683 - Really? - Yes. What they're saying with this motion
00:21:03,773 --> 00:21:05,696 is that they know the law and I don't.
00:21:05,730 --> 00:21:08,683 What they're saying is that they're real lawyers and I'm not.
00:21:08,716 --> 00:21:10,209 They're just trying to humiliate me.
00:21:10,292 --> 00:21:14,446 Mr Schlichtmann, you are a personal injury lawyer, are you not?
00:21:14,480 --> 00:21:16,419 I think you'll survive that.
00:21:16,453 --> 00:21:19,922 - You see? It's starting already. - No, you've started already.
00:21:20,012 --> 00:21:22,242 I'm on the defensive already and they're the defendants.
00:21:22,332 --> 00:21:25,801 Mr Schlichtmann... Do you think I might at least hear this motion
00:21:25,892 --> 00:21:29,248 before YOU explain to ME what it's really about?
00:21:30,571 --> 00:21:32,927 - Of course. - Thank you.
00:21:34,572 --> 00:21:39,770 Now, Mr... Cheeseman, is it?
00:21:43,411 --> 00:21:45,641 Your motion to dismiss is based on?
00:21:45,731 --> 00:21:47,483 Rule 11, Your Honor.
00:21:47,571 --> 00:21:51,731 Specifically on the fact that Mr Schlichtmann had absolutely no evidential grounds
00:21:51,764 --> 00:21:53,847 on which to bring this suit -
00:21:53,931 --> 00:21:58,561 only his knowledge that my client, the W.R. Grace Corporation, has a lot of money.
00:21:58,651 --> 00:22:00,003 Not true.
00:22:00,091 --> 00:22:04,130 He performed no real investigation, he did no research of any consequence,
00:22:04,210 --> 00:22:07,361 except perhaps to review profit statements.
00:22:07,450 --> 00:22:11,841 And he's prepared his complaint so inexpertly as to render it moot.
00:22:11,930 --> 00:22:15,809 - All untrue. - Do you know what Rule 11 is, Mr Schlichtmann?
00:22:15,890 --> 00:22:19,484 Well, to be honest with you, Your Honor, I had to look it up.
00:22:19,570 --> 00:22:25,088 I'll be honest, too. So did I. Do you know why, Mr Cheeseman?
00:22:25,169 --> 00:22:27,842 Because it is so old and ambiguous
00:22:27,930 --> 00:22:31,160 few lawyers waste their time with it, or mine.
00:22:31,249 --> 00:22:35,607 It's a non-issue, Mr Cheeseman. Your motion is denied. Thank you.
00:22:35,689 --> 00:22:37,441 Thank you.
00:22:37,529 --> 00:22:39,963 - Anything else? - No, Your Honor.
00:22:40,049 --> 00:22:41,880 Set a trial date.
00:22:41,969 --> 00:22:45,598 Excuse me, Mr Facher. I'd like to thank you.
00:22:45,689 --> 00:22:49,921 That was very statesman-like of you not to join that ridiculous attack.
00:22:52,129 --> 00:22:53,960 You're welcome.
00:22:57,088 --> 00:22:59,204 Well, what we have to do is to show how
00:22:59,289 --> 00:23:02,703 the toxic solvents these two factories dumped on the land there,
00:23:02,737 --> 00:23:04,189 migrated underground
00:23:04,223 --> 00:23:07,598 and were drawn into the city wells here and Well H over there,
00:23:07,688 --> 00:23:09,464 and was then pumped into the homes of East Woburn.
00:23:09,498 --> 00:23:10,334 - Right. - And to do that, it's quite simple, really
00:23:10,368 --> 00:23:13,724 I'll need to inspect the land, map out the location of debris,
00:23:13,808 --> 00:23:16,014 drill some monitoring wells,
00:23:16,048 --> 00:23:19,614 conduct seismic tests, and so on.
00:23:19,647 --> 00:23:23,526 And you're talking about you and a couple of assistants, or something?
00:23:23,608 --> 00:23:26,838 No. I mean a team of geologists and engineers.
00:23:26,927 --> 00:23:30,078 - A team? - A big team.
00:23:33,407 --> 00:23:35,318 You see it's actually quite exciting because
00:23:35,407 --> 00:23:39,002 the nature of the contour here means there's an effect -
00:23:39,087 --> 00:23:40,678 which is named after me, as a matter of fact,
00:23:40,679 --> 00:23:44,004 where the flow of the aquifer goes against the gravitational pull...
00:23:44,246 --> 00:23:50,006 In the Grace paintshop, Mr Roberts, I imagine you used paint thinners and solvents to clean your brushes and things?
00:23:50,846 --> 00:23:55,636 I wonder what you would've done with that stuff, let's say, back in the 1970s or early '80s?
00:23:55,726 --> 00:23:56,913 - Used solvent? - Yeah.
00:23:56,946 --> 00:24:00,425 - Put it in drums. - 35-gallon drums?
00:24:00,649 --> 00:24:03,080 And, er, what would you do with those drums when they were filled up?
00:24:03,165 --> 00:24:05,725 - Don't know. - They were just gone?
00:24:05,806 --> 00:24:08,843 - Never noticed. - You never dumped them out back?
00:24:08,926 --> 00:24:12,212 - No. - Never did anything like that?
00:24:12,246 --> 00:24:15,521 - Never noticed anyone who did? - No.
00:24:15,605 --> 00:24:18,492 Just disappeared...
00:24:18,525 --> 00:24:21,085 What were your duties at Grace back then, Mr Shalline?
00:24:21,247 --> 00:24:24,234 Oversee disposal and discharge to the drains.
00:24:24,267 --> 00:24:26,915 Be sure we weren't polluting the air, things of that nature
00:24:26,948 --> 00:24:30,282 Well then you must know then that, over the years, certain chemicals were deposited
00:24:30,316 --> 00:24:32,122 on the ground in the back of the plant
00:24:32,245 --> 00:24:34,200 I don't know that.
00:24:34,285 --> 00:24:36,560 Six barrels of toxic waste, Mr Shalline,
00:24:36,644 --> 00:24:39,184 were found out in the back of the plant in a pit
00:24:39,218 --> 00:24:42,217 and were exhumed by city inspectors. You never heard anything about this?
00:24:42,250 --> 00:24:42,875 No.
00:24:42,908 --> 00:24:47,645 Back then in 1965 or thereafter did you clean metal parts with any type of solvent?
00:24:47,678 --> 00:24:48,759 Yes.
00:24:48,844 --> 00:24:51,438 - What kind? - That I couldn't tell you.
00:24:51,524 --> 00:24:56,074 Did you ever notice the name trichlorethylene or TCE?
00:24:56,164 --> 00:24:57,358 No, I don't know.
00:24:57,444 --> 00:25:01,641 But you'd put it in barrels when you were done with it, that seems to be the process, right?
00:25:01,724 --> 00:25:02,713 Yes.
00:25:02,804 --> 00:25:07,163 Did you ever see what happened to these barrels of solvent when you were through with them?
00:25:07,197 --> 00:25:08,118 Yes.
00:25:17,963 --> 00:25:19,316 What was that?
00:25:22,482 --> 00:25:26,031 - They get dumped. - Where?
00:25:26,122 --> 00:25:29,513 - Out back, in the ground. - You saw this?
00:25:29,602 --> 00:25:31,001 Yes.
00:25:31,082 --> 00:25:32,879 - When? - My coffee break.
00:25:32,962 --> 00:25:37,513 I would go out and hit nine-iron shots with golf balls.
00:25:37,602 --> 00:25:39,558 Do you want to take a little break?
00:25:39,642 --> 00:25:43,191 - Do you need a break? - No.
00:25:43,282 --> 00:25:48,100 Did you see who was out there dumping the stuff when you were hitting your golf balls?
00:25:49,002 --> 00:25:53,359 - What do you mean? - The names of people.
00:25:56,401 --> 00:25:58,278 He wants to tell us.
00:25:58,362 --> 00:26:01,420 He's not going to tell us. He has to work there.
00:26:01,453 --> 00:26:04,576 He has to work there but he lives across the street from Anne Anderson.
00:26:04,610 --> 00:26:06,817 He has to see her every day.
00:26:34,040 --> 00:26:38,272 - Mr Love, do you have any children? - Yes, I do.
00:26:38,360 --> 00:26:40,270 - Eight of them. - Eight?
00:26:40,360 --> 00:26:43,432 My goodness! That's quite a family.
00:26:44,600 --> 00:26:48,279 What do you think of the water in Woburn?
00:26:48,313 --> 00:26:50,588 Now? It's all right.
00:26:50,679 --> 00:26:53,068 What about then, 10, 15 years ago?
00:26:53,159 --> 00:26:57,072 It had an odor then. Chlorine or something.
00:26:58,320 --> 00:27:01,072 - Did you drink it? - Yeah, I drank it.
00:27:01,159 --> 00:27:04,629 - The kids? - Yes.
00:27:06,759 --> 00:27:10,192 Were you concerned when you found out that the wells were contaminated?
00:27:10,225 --> 00:27:11,816 I'm going to object to that.
00:27:11,852 --> 00:27:14,827 You don't...you don't have to answer that.
00:27:16,238 --> 00:27:19,833 - Yeah, I was concerned. - For your family's health?
00:27:19,918 --> 00:27:20,874 Yes.
00:27:20,958 --> 00:27:24,871 Has any member of your family had any illness out of the ordinary?
00:27:24,958 --> 00:27:29,958 You don't have to answer any of these type of questions.
00:27:29,991 --> 00:27:31,869 - Yeah, they have. - What kind?
00:27:31,957 --> 00:27:33,869 One of my sons has a seizure disorder,
00:27:33,957 --> 00:27:36,791 my eldest daughter has had two miscarriages
00:27:36,878 --> 00:27:38,834 and my youngest boy was born with...
00:27:38,918 --> 00:27:42,273 Are we going to sit here all day and go through his entire family's medical history?
00:27:42,357 --> 00:27:44,792 Well if you don't want to hear it then leave.
00:27:44,877 --> 00:27:48,074 I don't know what you're doing here anyway. We're deposing Grace employees, not Beatrice.
00:27:48,157 --> 00:27:53,515 - If you're deposing anybody, anybody, I have a right to be here. - Well then sit down and shut up!
00:28:03,036 --> 00:28:04,789 Mr Love,
00:28:04,876 --> 00:28:10,394 are you aware that some of your neighbors have had leukemia in their families?
00:28:10,477 --> 00:28:12,115 Yes, I am.
00:28:13,436 --> 00:28:15,392 They think it's the water.
00:28:16,436 --> 00:28:20,315 Al, that water hasn't made anybody sick.
00:28:22,276 --> 00:28:26,872 - How do you know? - I just do.
00:28:28,035 --> 00:28:30,993 There's a lot of people in my neighborhood that are dead,
00:28:31,076 --> 00:28:33,544 or dying, Mr Chessman, from something.
00:28:35,595 --> 00:28:38,746 Look, if I took a hundred pennies
00:28:38,835 --> 00:28:41,065 and threw them up in the air,
00:28:41,156 --> 00:28:44,722 about half of them would land heads and the other half tails, right?
00:28:44,755 --> 00:28:49,035 Now, if I looked around closely, I'd probably find some heads grouped together in a cluster.
00:28:49,068 --> 00:28:51,401 What does that mean? Does that mean anything?
00:28:51,435 --> 00:28:54,711 You see, no one knows what causes leukemia, Al.
00:28:54,794 --> 00:28:59,041 No one knows what caused that cluster.
00:28:59,074 --> 00:29:03,113 I know what happened. And I know who did it.
00:29:08,314 --> 00:29:10,270 Al, this is very important.
00:29:11,434 --> 00:29:14,426 I want you to tell me who those people are.
00:29:14,513 --> 00:29:17,480 I'm not a rat.
00:29:17,514 --> 00:29:19,480 You know, it's important,
00:29:19,513 --> 00:29:22,266 because if there is something wrong out there,
00:29:22,353 --> 00:29:25,265 we need to disclose it to the proper authorities.
00:29:25,354 --> 00:29:29,312 We need to get them out there and have it cleaned up.
00:29:31,193 --> 00:29:34,185 You think about that and call me if you...
00:29:34,273 --> 00:29:36,104 Yeah. Yeah.
00:30:01,152 --> 00:30:03,222 Do you eat peanut butter?
00:30:04,672 --> 00:30:06,025 No.
00:30:06,112 --> 00:30:07,749 You've never eaten peanut butter?
00:30:07,832 --> 00:30:10,187 I guess everyone alive has probably tried it,
00:30:10,272 --> 00:30:13,230 but I'm not exactly what you'd call a peanut butter fan.
00:30:14,832 --> 00:30:17,983 What about your son? Did he ever eat peanut butter?
00:30:20,431 --> 00:30:23,980 - Do you eat bacon? - Yes.
00:30:24,071 --> 00:30:27,302 - Yes. - How often? How many slices?
00:30:30,551 --> 00:30:33,270 Do you have Teflon pans in your kitchen?
00:30:33,351 --> 00:30:36,661 Do you chew sugarless gum? Do you pump your own gas?
00:30:36,751 --> 00:30:40,220 Do you use hair spray? Do you use artificial sweeteners?
00:30:40,310 --> 00:30:44,224 Smoke cigarettes? Drink diet soda? Use tampons?
00:30:44,311 --> 00:30:46,141 Do you ever have your clothes dry-cleaned?
00:30:46,230 --> 00:30:49,381 Do you have silver fillings in your teeth?
00:30:51,270 --> 00:30:56,139 So, you were aware when you moved to Woburn that its water didn't taste good.
00:30:56,230 --> 00:31:00,188 Yeah, but a lot of places the water doesn't taste so good.
00:31:00,270 --> 00:31:02,101 I agree with that.
00:31:02,190 --> 00:31:04,545 Did you ever consider using bottled water?
00:31:04,629 --> 00:31:08,543 We used bottled water off and on, split half and half.
00:31:08,630 --> 00:31:12,417 Like... we cooked with regular water...tap water.
00:31:12,510 --> 00:31:15,421 We did other things, like make orange juice.
00:31:15,509 --> 00:31:18,069 But to... drink just straight water, we drank bottled water.
00:31:20,269 --> 00:31:24,625 Has any doctor ever told you that you had any dysfunction of your immune system?
00:31:24,709 --> 00:31:30,341 No. But when my son died, they told us that was why he died.
00:31:30,428 --> 00:31:32,862 His immune system was...
00:31:33,909 --> 00:31:35,865 tore down to nothing.
00:31:41,268 --> 00:31:45,228 - Why did you have an autopsy? - Because he was doing good.
00:31:45,261 --> 00:31:48,707 He only lived three months with leukemia
00:31:48,741 --> 00:31:50,664 and he looked fine.
00:31:50,748 --> 00:31:53,785 Did you talk to the doctor about this?
00:31:53,868 --> 00:31:57,701 I had more like a violent talk with him.
00:31:59,308 --> 00:32:03,154 - "Violent"? You were angry? - Yelling at him.
00:32:03,188 --> 00:32:07,146 Your son seemed to be doing all right. He was in remission?
00:32:07,227 --> 00:32:09,422 You were optimistic about his future
00:32:09,507 --> 00:32:12,305 and suddenly he became ill and died.
00:32:12,387 --> 00:32:14,821 And they said that was expected...
00:32:14,907 --> 00:32:19,264 that anybody with a disease like leukemia could die any minute.
00:32:20,947 --> 00:32:25,065 - But you were angry and upset. - My son just died.
00:32:25,146 --> 00:32:29,663 I understand, I'm just trying to... to recreate the event.
00:32:29,746 --> 00:32:33,534 You can tell when your child isn't feeling well.
00:32:33,626 --> 00:32:35,981 You try to explain on the phone
00:32:36,066 --> 00:32:38,580 and they say, "Has he got a temperature?"
00:32:38,666 --> 00:32:41,464 You say, "No. " "He's all right, then," they say.
00:32:41,545 --> 00:32:44,697 "Don't worry, bring him into the clinic Monday morning. "
00:32:46,426 --> 00:32:48,734 He died Monday morning.
00:32:50,626 --> 00:32:53,458 He was in the clinic when he died?
00:32:53,545 --> 00:32:55,059 No.
00:32:56,105 --> 00:32:59,893 He was in the car, on the way.
00:33:09,104 --> 00:33:11,858 He died in the car on the way to the clinic?
00:33:11,944 --> 00:33:16,814 He died on I-93, up by the Somerville exit.
00:33:24,825 --> 00:33:28,864 My wife was yelling that he'd stopped breathing.
00:33:28,897 --> 00:33:33,494 I pulled over and tried to give him CPR.
00:33:35,424 --> 00:33:40,133 I was... I was holding him in my lap.
00:33:42,784 --> 00:33:44,739 Lauren was...
00:33:45,784 --> 00:33:47,341 screaming.
00:33:49,623 --> 00:33:53,411 Cars and trucks rushing by.
00:33:56,583 --> 00:33:58,539 And...
00:33:59,583 --> 00:34:01,813 she helped...
00:34:05,103 --> 00:34:07,058 I'm sorry.
00:34:08,103 --> 00:34:10,059 It's all right.
00:34:13,063 --> 00:34:14,894 It's OK.
00:34:34,262 --> 00:34:36,253 These people can never testify.
00:34:36,342 --> 00:34:38,093 No.
00:35:11,900 --> 00:35:15,859 That's about right. We'll have the first seven monitor wells in this, kind of, area,
00:35:15,940 --> 00:35:17,851 in the permeable rock here.
00:35:17,940 --> 00:35:19,578 All right. There's seven?
00:35:19,659 --> 00:35:21,571 Yes. I did say initially there'd be only seven.
00:35:21,659 --> 00:35:24,219 I think now it's more likely that we're going to have probably 12, because...
00:35:24,300 --> 00:35:27,019 Hey! Hey!
00:35:29,820 --> 00:35:32,572 - Private property. - Yes, this is your property.
00:35:32,660 --> 00:35:34,729 Yes, it's my property and you're trespassing.
00:35:34,820 --> 00:35:36,889 - Here you go. - What the fuck is this?
00:35:36,979 --> 00:35:41,450 That's a court order, Mr Riley, which means that I have the right to be here on your land,
00:35:41,539 --> 00:35:44,848 and to inspect every inch of your tannery, as well.
00:35:44,939 --> 00:35:47,214 No, no, you keep that. That's your copy.
00:35:50,099 --> 00:35:51,656 Let's go.
00:36:00,138 --> 00:36:03,774 I started working when I was seven years old,
00:36:03,808 --> 00:36:07,411 sweeping the beam house floors for my father,
00:36:07,497 --> 00:36:12,014 which he swept for his father when he was seven years old.
00:36:13,058 --> 00:36:15,891 - Which my boys... - I know. They swept it, too.
00:36:15,977 --> 00:36:20,688 Please answer the question I asked, not one I didn't. Silicone, Mr Riley, and trichlorethylene.
00:36:20,778 --> 00:36:22,529 These two chemicals mixed together
00:36:22,617 --> 00:36:25,654 are used to waterproof leather, are they not?
00:36:27,137 --> 00:36:30,607 I asked you a question, Mr Riley...again.
00:36:33,657 --> 00:36:37,285 Mr Facher, please inform your client that he's obligated to answer my question.
00:36:48,337 --> 00:36:50,897 Let the record show that the witness
00:36:50,976 --> 00:36:54,127 has emptied a glass of water on the conference table.
00:36:54,216 --> 00:36:59,609 What exactly do you intend to say to me, Mr Riley, by pouring water on my table?
00:36:59,696 --> 00:37:03,245 This is how silicone is put on leather to waterproof it.
00:37:03,336 --> 00:37:05,088 I'm answering your question.
00:37:05,175 --> 00:37:09,965 It's poured on, like you poured water on my table.
00:37:10,055 --> 00:37:11,773 Yeah. Correct.
00:37:11,856 --> 00:37:14,768 So some of it must spill off the leather,
00:37:14,855 --> 00:37:17,130 like the water spilling off my table...
00:37:17,215 --> 00:37:19,490 and onto my rug.
00:37:20,216 --> 00:37:22,445 That's the part I'm interested in.
00:37:24,135 --> 00:37:27,207 The spilled silicone and trichlorethylene, sir,
00:37:27,295 --> 00:37:29,251 how you disposed of that.
00:37:30,295 --> 00:37:34,731 - I never once used TCE. - TCE? Did I say TCE?
00:37:34,815 --> 00:37:37,090 I didn't say TCE.
00:37:37,174 --> 00:37:39,370 I said trichlorethylene.
00:37:42,814 --> 00:37:44,645 You said TCE -
00:37:44,734 --> 00:37:47,806 as it is commonly known...
00:37:47,894 --> 00:37:50,408 to those who know it.
00:37:51,534 --> 00:37:55,775 Mr Riley, you wouldn't you mind if I checked your statements today against your office records, would you?
00:37:55,808 --> 00:37:58,564 Your invoices, purchase orders and formulas?
00:37:58,654 --> 00:38:04,091 No. Be my guest. They go back... three years.
00:38:04,174 --> 00:38:06,812 Everything before that, we dumped.
00:38:15,173 --> 00:38:17,632 - Jan, you're not listening. - I am listening.
00:38:17,666 --> 00:38:20,092 - You've been out there three times and nothing.
00:38:20,125 --> 00:38:21,646 I know why you find this unacceptable.
00:38:21,733 --> 00:38:24,576 It's just that you don't know what it's like out there. Riley is Woburn.
00:38:24,609 --> 00:38:28,130 He's been there for ever. His employees are like loyal subjects. None of them will talk.
00:38:28,213 --> 00:38:31,204 Ex-employees, that's who you should be talking to.
00:38:31,293 --> 00:38:35,888 - Disgruntled employees...disloyal subjects...they talk. - So you want me to go back out there?
00:38:35,972 --> 00:38:40,921 This is THE case against Beatrice, this liar. You go back out there and catch him in a lie.
00:38:41,012 --> 00:38:44,292 - You got the rest of the medical records? - Almost. I can't the complete records on the...
00:38:44,325 --> 00:38:46,646 Just get it.
00:39:03,531 --> 00:39:07,080 This figure here, this $100 an hour for Dr Cohen,
00:39:07,171 --> 00:39:09,685 that seems more than fair, considering his pre-eminence.
00:39:09,771 --> 00:39:12,126 That's for his nights in the hotel, Jan
00:39:12,210 --> 00:39:14,202 That's his discount sleeping rate.
00:39:15,931 --> 00:39:19,559 - Your doctors have cost us more than 900,000 so far. - Well, they're worth it.
00:39:19,650 --> 00:39:23,689 - Your geologists have cost more than 500,000. - Well they're worth it.
00:39:23,771 --> 00:39:27,479 That's not the point. The point is, everybody in the firm's working only on this case.
00:39:27,570 --> 00:39:31,324 That means we have no money coming in...just going out.
00:39:31,410 --> 00:39:33,878 So what, what, you want to cut our losses now? Is that what you want to do, Gordon?
00:39:33,970 --> 00:39:37,360 You want to just get out now and throw away 900 and... what is it?
00:39:37,450 --> 00:39:39,714 1.4 million dollars.
00:39:40,444 --> 00:39:40,960 Goodnight.
00:39:46,929 --> 00:39:49,887 Well I don't know what to tell you, because there's certain things I've got to prove
00:39:49,970 --> 00:39:53,929 and I can't do that not spending money.
00:39:53,963 --> 00:39:55,885 We have to go see Uncle Pete.
00:40:00,769 --> 00:40:04,557 - So, Gordon, where are we on the loan I gave you last... - Spent it.
00:40:04,648 --> 00:40:08,243 - Spent it? How much of it? - All of it.
00:40:09,648 --> 00:40:11,958 What about the Carney settlement? How much of that is...
00:40:12,048 --> 00:40:15,439 - Spent it. - On?
00:40:15,529 --> 00:40:18,282 Woburn. We spend everything on Woburn now.
00:40:18,368 --> 00:40:20,882 On Woburn.
00:40:23,288 --> 00:40:27,201 So what do you think you're going to need to tide you over here? Two, three hundred?
00:40:27,288 --> 00:40:29,735 600,000.
00:40:29,768 --> 00:40:32,680 - 600,000? - Yeah.
00:40:35,408 --> 00:40:39,117 Pete, when was the last time you lost money betting on me?
00:40:39,207 --> 00:40:43,519 Never. I'm probably the best investment your bank ever made.
00:41:31,486 --> 00:41:34,602 How do vampires get around on Halloween?
00:41:34,686 --> 00:41:37,324 - Pass. - Blood vessels.
00:42:16,683 --> 00:42:18,890 Let's go.
00:42:18,924 --> 00:42:21,677 - Bye, Dad. - See you later. Goodbye.
00:42:23,324 --> 00:42:25,279 Love you.
00:42:51,603 --> 00:42:55,198 I thought about coming to see you for a long time.
00:42:56,322 --> 00:42:58,605 Guess I was afraid to 'cause...
00:42:59,259 --> 00:43:02,198 I didn't think you'd want to talk to me, 'cause...
00:43:02,232 --> 00:43:04,634 where I work and everything.
00:43:07,122 --> 00:43:10,432 I'm concerned about what's been happening around here and...
00:43:10,522 --> 00:43:13,957 I'm angry at the company for the way it's handling itself.
00:43:24,481 --> 00:43:26,995 I'm very sorry about your son.
00:43:45,960 --> 00:43:47,916 Thank you.
00:43:54,840 --> 00:43:57,354 He said he never dumped anything out back,
00:43:57,440 --> 00:44:01,149 never did anything like that, never saw anybody who did.
00:44:01,240 --> 00:44:05,198 Tommy Barbas didn't tell you the truth. Neither did Paul Shalline.
00:44:05,280 --> 00:44:08,716 Tommy, Paul and Joey were out back all the time with their buckets and barrels...
00:44:08,799 --> 00:44:11,553 - Joey who? - Joey Miola, plant maintenance.
00:44:11,639 --> 00:44:13,956 And the rumor is, there's 50 more of those barrels
00:44:13,990 --> 00:44:15,492 buried under this new building here
00:44:15,526 --> 00:44:16,995 that the city inspectors didn't find.
00:44:17,079 --> 00:44:20,594 - 50? - Or more. Here.
00:44:23,399 --> 00:44:28,347 OK. Is there anyone else at the plant that might talk to me?
00:44:28,438 --> 00:44:30,156 I don't think so.
00:44:30,239 --> 00:44:32,035 Bobby Pasqueriella.
00:44:32,119 --> 00:44:33,676 Bobby?
00:44:35,519 --> 00:44:38,191 He might. He doesn't work there any more though.
00:44:38,278 --> 00:44:39,233 Could you call him?
00:44:40,838 --> 00:44:43,432 Yeah, that's the stuff got dumped.
00:44:43,518 --> 00:44:48,353 Yeah, all the time. Threw it back there myself all the time.
00:44:50,358 --> 00:44:53,589 Eddie Arsine, he'd say "Go and dump that stuff out there in the gully. "
00:44:53,678 --> 00:44:56,237 Out there in the gully there, you know?
00:44:56,318 --> 00:44:59,230 Dumped it back there in the gully right there.
00:44:59,318 --> 00:45:03,469 Washed down the belts and gearboxes with it, and threw it in the gully.
00:45:03,557 --> 00:45:07,232 He'd say, dump it out in the gully, like Joey.
00:45:07,317 --> 00:45:12,107 - How about Tom Barbas, did he? - Tommy? No, not Tommy, no.
00:45:12,197 --> 00:45:15,030 - Never did anything like that? - No, no.
00:45:15,117 --> 00:45:17,256 He dumped his in a ditch.
00:45:18,536 --> 00:45:19,279 Ok
00:45:23,676 --> 00:45:28,148 Good morning Mr Barbas. Nice to see you again. I understand you've had a chance to think about things
00:45:28,236 --> 00:45:30,113 since your first deposition.
00:45:30,196 --> 00:45:33,871 He says that you said he should just pour it into the pit.
00:45:33,956 --> 00:45:36,948 Is that how you remember it now that your memory's been refreshed?
00:45:37,036 --> 00:45:41,154 Then he said, go out there and dig a trench... 20, 30 feet long.
00:45:41,236 --> 00:45:43,192 ...and load the barrels onto the truck,
00:45:43,276 --> 00:45:46,427 drive out there... dump it into the swimming pool.
00:45:46,515 --> 00:45:50,145 That's what we called it...the swimming pool.
00:45:53,035 --> 00:45:53,991 Right.
00:46:05,635 --> 00:46:07,830 Mr Cheeseman, well done.
00:46:08,994 --> 00:46:12,465 The odds of a plaintiff's lawyer winning in civil court
00:46:12,555 --> 00:46:14,227 are 2 to 1 against.
00:46:14,315 --> 00:46:16,509 Think about that for a second.
00:46:16,595 --> 00:46:19,421 Your odds of surviving a game of Russian roulette are better
00:46:19,455 --> 00:46:22,830 than winning a case at trial. 12 times better.
00:46:22,914 --> 00:46:25,109 So why does anyone do it?
00:46:25,194 --> 00:46:27,150 They don't. They settle.
00:46:27,234 --> 00:46:31,272 Out of the 780,000 cases filed each year,
00:46:31,273 --> 00:46:35,576 only 12,000, or one-and-a-half percent, ever reach a verdict.
00:46:35,834 --> 00:46:38,348 The whole idea of lawsuits is to settle,
00:46:38,433 --> 00:46:40,629 to compel the other side to settle.
00:46:40,713 --> 00:46:44,262 And you do that by spending more money than you should,
00:46:44,353 --> 00:46:47,584 which forces them to spend more money than they should.
00:46:47,674 --> 00:46:50,913 And whoever comes to their senses first...
00:46:50,946 --> 00:46:52,824 loses.
00:46:52,913 --> 00:46:55,985 Trials are a corruption of the entire process.
00:46:56,073 --> 00:47:00,543 And only fools with something to prove end up ensnared in them.
00:47:00,633 --> 00:47:04,990 Now when I say prove, I don't mean about the case.
00:47:06,033 --> 00:47:07,785 I mean about themselves.
00:47:07,872 --> 00:47:10,340 Hey, old man, out of the way!
00:47:15,712 --> 00:47:18,351 - How's business, by the way? - Business is good.
00:47:18,432 --> 00:47:22,505 Is it? That's good. I was afraid that, with all these scientists and doctors and whatnot,
00:47:22,592 --> 00:47:25,311 a small boutique firm like yours might be in financial trouble.
00:47:25,392 --> 00:47:27,747 I appreciate your concern, Jerry.
00:47:27,832 --> 00:47:29,762 We've got more than enough to go the distance.
00:47:29,795 --> 00:47:34,180 Are you sure? I mean I'd hate it if one day you realized you miscalculated the arithmetic,
00:47:34,272 --> 00:47:37,628 and there you were, digging quarters out the seats of your shiny black sports car.
00:47:37,711 --> 00:47:42,627 - You don't have to worry, Jerry. - That's a relief.
00:47:42,711 --> 00:47:47,990 You know what? You don't want me in this case. You've got Grace and one deep pocket is enough.
00:47:48,071 --> 00:47:51,666 I'm only gonna hurt you. So get rid of me.
00:47:51,751 --> 00:47:55,445 Tell me what you've got here so far, I have a cheque cut, we get on with our lives.
00:47:55,479 --> 00:47:57,119 What do you say?
00:47:58,270 --> 00:48:02,344 My expenses? You're offering to cover my expenses?
00:48:02,430 --> 00:48:04,705 Your expenses and your pride.
00:48:06,750 --> 00:48:10,220 You think you're gonna put those families on the stand.
00:48:10,310 --> 00:48:12,437 Your mothers and your fathers are going to tell their stories
00:48:12,470 --> 00:48:16,224 and jury's going to pull out their handkerchiefs and dab their eyes?
00:48:16,310 --> 00:48:20,869 Do you really think I'd let that happen?
00:48:20,903 --> 00:48:24,225 I don't see how you can prevent it.
00:48:24,310 --> 00:48:27,301 Of course you don't.
00:48:41,989 --> 00:48:44,378 - Yeah? - Jan, guess what?
00:48:44,469 --> 00:48:48,462 Cheeseman called. He wants to talk. He wants a number. He wants out.
00:48:48,548 --> 00:48:52,269 I'll get everything together. I'll meet you back here at the office.
00:48:52,302 --> 00:48:55,783 Jan, this is it. We've got them.
00:48:55,868 --> 00:48:57,824 That's great.
00:49:24,507 --> 00:49:26,463 Oh, baby. God, no!
00:50:05,185 --> 00:50:07,016 He said he'd be here.
00:50:07,105 --> 00:50:09,825 Are the Red Sox in town?
00:50:13,705 --> 00:50:16,981 Sorry I'm late. I got tied up. Yeah.
00:50:18,025 --> 00:50:21,904 Well, I was just given a chair at Harvard, of all things.
00:50:21,985 --> 00:50:23,498 You're kidding. Which chair?
00:50:25,505 --> 00:50:29,259 It's black with arms, with my name on a brass plate on the back.
00:50:29,345 --> 00:50:31,301 From my students.
00:50:32,185 --> 00:50:35,540 Jerry, ever thought about getting yourself a new briefcase?
00:50:35,625 --> 00:50:39,777 No, no. You don't change your socks in the middle of the World Series, Jan.
00:50:42,784 --> 00:50:45,014 Am I sitting in the right place?
00:50:45,104 --> 00:50:49,017 Well, actually, we have a seat for you here, but that's fine.
00:50:54,744 --> 00:50:56,495 This's a nice pen.
00:50:56,584 --> 00:51:00,462 - They're courtesy of the hotel. - Really?
00:51:00,544 --> 00:51:03,934 This is a good quality pen. Yeah.
00:51:06,703 --> 00:51:10,412 - So. - So, Bill...?
00:51:12,463 --> 00:51:14,931 How much did Grace make last year?
00:51:15,023 --> 00:51:18,902 I have no idea. But I have a feeling that you do.
00:51:18,982 --> 00:51:22,658 198 million dollars. And Beatrice, Jerry?
00:51:22,742 --> 00:51:26,418 - What? - 436 million dollars.
00:51:26,502 --> 00:51:31,212 Together, that's 634 million dollars. That's one year. That's net.
00:51:32,383 --> 00:51:34,577 So, that's what they made.
00:51:34,662 --> 00:51:38,371 Now, what should they be made to pay? To compensate the families,
00:51:38,463 --> 00:51:41,454 to provide for their economic security in the future?
00:51:41,542 --> 00:51:45,854 Don't forget to mention you - compensating you.
00:51:47,221 --> 00:51:50,816 And to make sure that this kind of thing doesn't happen again.
00:51:51,902 --> 00:51:53,858 25 million dollars cash.
00:52:01,061 --> 00:52:04,451 And another 25 million dollars to establish a research foundation
00:52:04,541 --> 00:52:08,614 to study the links between hazardous waste and illness.
00:52:13,501 --> 00:52:17,050 And 1.5 million dollars per family annually for 30 years.
00:52:42,300 --> 00:52:45,098 320 million dollars.
00:52:48,699 --> 00:52:50,497 Can I ask a question?
00:52:50,619 --> 00:52:53,736 I'm sure everyone has questions. What's yours, Jerry?
00:52:55,019 --> 00:52:56,771 Can I have this?
00:53:00,819 --> 00:53:02,171 Thank you.
00:53:05,419 --> 00:53:07,170 Excuse me.
00:53:29,098 --> 00:53:32,612 - Jan? - Yes, Gordon?
00:53:32,698 --> 00:53:35,212 What's the story?
00:53:35,297 --> 00:53:39,006 - Well I guess they just don't want to end this thing. - They don't want...
00:53:39,097 --> 00:53:44,217 You said this would never go to trial. You just made certain that it will.
00:53:44,297 --> 00:53:46,527 Without consulting us, I might add.
00:53:47,177 --> 00:53:49,133 They patronize us.
00:53:50,537 --> 00:53:52,368 They think we're blackmailers.
00:53:55,297 --> 00:53:57,332 They think they can buy us.
00:53:59,417 --> 00:54:01,294 Yeah?
00:54:02,376 --> 00:54:05,331 We can't afford a long drawn-out trial.
00:54:05,364 --> 00:54:07,654 Well you're going to have to find a way of getting some money, then.
00:54:07,736 --> 00:54:12,526 - What do you suggest? - Am I the financial advisor around here?
00:54:15,144 --> 00:54:15,916 No, you're not.
00:54:18,816 --> 00:54:22,252 This is the plan. We start with scientific evidence.
00:54:22,336 --> 00:54:24,850 And then the medical experts and their evidence.
00:54:24,935 --> 00:54:27,325 Then the parents, and then your testimony.
00:54:27,416 --> 00:54:29,407 Your presence is very important in the courtroom.
00:54:29,495 --> 00:54:32,328 This is where the jury gets to know you.
00:54:32,416 --> 00:54:35,816 If you're there some days and not other days, they say "Why wasn't she there?"
00:54:35,856 --> 00:54:38,096 and "Does she really care?" and this kind of thing.
00:54:38,129 --> 00:54:41,768 I'll be there every day, in the back left-hand corner.
00:54:41,855 --> 00:54:43,811 Well wherever you're most comfortable.
00:54:43,895 --> 00:54:46,455 That was our plan.
00:54:46,535 --> 00:54:51,654 If we got separated in the grocery store or the department store that's where we'd meet.
00:54:51,735 --> 00:54:53,486 Oh, I see, I see.
00:54:57,174 --> 00:54:59,449 In the end, when he was dying,
00:54:59,534 --> 00:55:04,483 he said, I'll meet you in the back left-hand corner of heaven.
00:55:15,333 --> 00:55:19,009 All rise. This court is now in session. Date: 2016-01-03; view: 1380
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