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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: 666


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