1 00:00:01,166 --> 00:00:02,266 Previously on The Practice. 2 00:00:03,332 --> 00:00:05,299 Basically, our lawyer just dropped us. 3 00:00:05,366 --> 00:00:07,366 Five weeks before the trial? 4 00:00:07,432 --> 00:00:09,599 One week before the summary judgment hearing. 5 00:00:09,666 --> 00:00:11,832 - I think we should take it. - Sorry, Jimmy. 6 00:00:11,899 --> 00:00:14,332 - I think we should take it too. - What? Why? 7 00:00:14,399 --> 00:00:16,899 Because 11 people in a two-mile radius got cancer. 8 00:00:16,966 --> 00:00:19,499 There are simply no facts to support the claim. 9 00:00:19,566 --> 00:00:21,799 This is an attorney who demeans our profession. 10 00:00:21,866 --> 00:00:24,566 Those four people live within 100 yards... 11 00:00:24,632 --> 00:00:26,766 of Boston Power Company power lines. 12 00:00:26,832 --> 00:00:30,332 They didn't get sick because I demeaned the legal profession. 13 00:00:30,399 --> 00:00:33,866 This complaint does allege disputable questions of fact. 14 00:00:33,932 --> 00:00:36,799 - Defendants' motion for summary judgment is denied. - [ Gavel Raps ] 15 00:00:36,866 --> 00:00:41,266 They've offered us a package of $995,000. 16 00:00:41,332 --> 00:00:44,399 - They don't admit liability. - They don't admit they were wrong? 17 00:00:44,466 --> 00:00:46,766 - No. - I think this deal stinks. 18 00:00:46,832 --> 00:00:48,532 We're all with Maureen on this, Jimmy. 19 00:00:48,599 --> 00:00:50,599 Will you continue to be our lawyer? 20 00:00:50,666 --> 00:00:52,966 If you choose to go forward, I'll be your lawyer. 21 00:00:53,032 --> 00:00:55,999 I thought I made it clear on the phone. I can't help you. 22 00:00:56,066 --> 00:00:58,832 You made it clear you wouldn't help me. I'm a drunk. 23 00:00:58,899 --> 00:01:02,866 So you can see I wouldn't make a very great expert witness, would I? 24 00:01:02,932 --> 00:01:06,199 - He's sauced. - But I'll be sober in the morning. 25 00:01:06,266 --> 00:01:08,366 Thank you. 26 00:01:13,166 --> 00:01:16,766 The defense strategy is gonna be to attack our strategy, 27 00:01:16,832 --> 00:01:19,899 which they think is gonna be all emotion and sympathy. 28 00:01:19,966 --> 00:01:23,299 It ain't gonna be that. We're gonna be above that. 29 00:01:23,366 --> 00:01:25,432 I thought our case basically is all emotion... 30 00:01:25,499 --> 00:01:27,632 since we're weak on liability. 31 00:01:27,699 --> 00:01:31,066 Our case is credibility-- who to believe. 32 00:01:31,132 --> 00:01:34,399 When I get up at the end and say those power lines gave you all cancer, 33 00:01:34,466 --> 00:01:36,966 the jury has to believe me. 34 00:01:37,032 --> 00:01:40,899 Are there any other witnesses besides us? Are we calling our doctors? 35 00:01:40,966 --> 00:01:44,599 Some. Most of the medical conditions have already been stipulated to. 36 00:01:44,666 --> 00:01:46,832 It'll all come down to causation. 37 00:01:46,899 --> 00:01:50,332 And for that, we have this Helms guy-- the alcoholic. 38 00:01:52,232 --> 00:01:56,399 - It makes me look fat. - That was your stomach making you look fat. 39 00:01:56,466 --> 00:01:58,532 It's a good testifying suit. 40 00:01:58,599 --> 00:02:01,699 You'll look all respectable, but not, like, rich. 41 00:02:01,766 --> 00:02:03,732 Hey, Jimmy. 42 00:02:03,799 --> 00:02:05,799 [ Sighs ] I'm ready. 43 00:02:05,866 --> 00:02:09,932 I'm glad I'm doin' this, and I am ready. I know you are. 44 00:02:09,999 --> 00:02:11,899 This is redemption time. 45 00:02:13,799 --> 00:02:16,332 - [ Bobby ] Is he still drinking? - At night. 46 00:02:16,399 --> 00:02:19,666 In the day, he's good. He'll be okay. 47 00:02:19,732 --> 00:02:22,632 If he comes through, I figure we'll get another offer. 48 00:02:22,699 --> 00:02:25,099 Is he your only expert? Pretty much. 49 00:02:25,166 --> 00:02:27,266 I subpoenaed one other guy, but-- 50 00:02:27,332 --> 00:02:30,032 Jimmy, if they do offer anything bigger-- 51 00:02:30,099 --> 00:02:34,232 This isn't about getting a big public apology. This is about money. 52 00:02:34,299 --> 00:02:36,432 Oh, I know. If I could get it to two, 53 00:02:36,499 --> 00:02:38,899 I'll shove it down their tonsils. Don't worry. 54 00:02:38,966 --> 00:02:42,832 - Well, we're getting nothing unless Helms holds up. - He will. 55 00:02:42,899 --> 00:02:46,932 - How many experts do they have? - More than one. 56 00:02:46,999 --> 00:02:52,099 - How many more? - They've listed 11. We figure they'll call eight or nine. 57 00:02:52,166 --> 00:02:53,932 Big hitters. 58 00:03:00,032 --> 00:03:02,099 You all set? 59 00:03:02,166 --> 00:03:05,799 I've waited my whole life for this case. 60 00:03:17,232 --> 00:03:18,766 [ Line Ringing ] 61 00:03:26,099 --> 00:03:27,599 [ Cell Door Opens, Closes ] 62 00:03:33,699 --> 00:03:38,232 [ Sirens Wailing ] 63 00:03:53,382 --> 00:03:55,848 [ People Chattering ] 64 00:03:58,548 --> 00:04:00,815 [ Elevator Bell Dings ] 65 00:04:23,782 --> 00:04:26,182 [ No Audible Dialogue ] 66 00:04:33,148 --> 00:04:36,315 [ People Coughing ] 67 00:04:36,382 --> 00:04:38,382 [ Tapping Echoes ] 68 00:04:38,448 --> 00:04:40,915 [ Shoes Squeaking ] 69 00:04:47,082 --> 00:04:49,782 Raise your right hand, please. 70 00:04:49,848 --> 00:04:52,882 Do you swear to tell the truth, the whole truth and nothing but the truth... 71 00:04:52,948 --> 00:04:54,615 so help you God? I do. 72 00:04:54,682 --> 00:04:57,915 Please be seated. 73 00:04:57,982 --> 00:05:02,382 Mike, could you tell the jury your full name and where you live? 74 00:05:02,448 --> 00:05:04,315 Michael Lewis Beal. 75 00:05:04,382 --> 00:05:08,448 I live at 192 High Street, Fairfield, Massachusetts. 76 00:05:08,515 --> 00:05:11,415 - Do you know why you're in court today, Mike? - Yes. 77 00:05:11,482 --> 00:05:13,448 Could you tell us why? 78 00:05:13,515 --> 00:05:15,482 I have leukemia. 79 00:05:15,548 --> 00:05:17,315 I have brain cancer. 80 00:05:17,382 --> 00:05:18,315 Ovarian cancer. 81 00:05:18,382 --> 00:05:19,415 Lymphoma. 82 00:05:19,482 --> 00:05:20,948 They say it's terminal. 83 00:05:21,015 --> 00:05:23,482 I live about 300 yards from the power lines. 84 00:05:23,548 --> 00:05:24,882 Maybe half a mile. 85 00:05:24,948 --> 00:05:26,482 Right next to it actually. 86 00:05:26,548 --> 00:05:27,615 Malignant. 87 00:05:27,682 --> 00:05:29,715 I'd say within a half a mile. 88 00:05:29,782 --> 00:05:32,148 They expect me to live. 89 00:05:32,215 --> 00:05:35,182 But have any of the doctors told you it was caused by power lines? 90 00:05:35,248 --> 00:05:39,282 They tell me they don't know what causes cancer. 91 00:05:39,348 --> 00:05:41,582 It could be something in the air, something we eat. 92 00:05:41,648 --> 00:05:44,982 Did they rule out the power lines as a cause? No, they did not. 93 00:05:45,048 --> 00:05:47,248 Why do you think it's the power lines? 94 00:05:47,315 --> 00:05:52,015 First, 11 people in one neighborhood get cancer. 95 00:05:52,082 --> 00:05:54,215 That tells me something's goin' on. 96 00:05:54,282 --> 00:05:57,048 That power line field sits smack in the middle of our neighborhood. 97 00:05:57,115 --> 00:05:59,815 But that could be a coincidence. Perhaps. 98 00:05:59,882 --> 00:06:03,015 But then I read this study done in Sweden connecting-- 99 00:06:03,082 --> 00:06:06,282 - Objection. - Testimony goes only to that he read the study. 100 00:06:06,348 --> 00:06:09,382 He's not testifying as to the accuracy of its findings. 101 00:06:09,448 --> 00:06:11,448 The objection is sustained. 102 00:06:11,515 --> 00:06:13,882 Your Honor, the question goes as to why this witness believes-- 103 00:06:13,948 --> 00:06:16,682 I heard the question, counsel. I'm not allowing it. 104 00:06:16,748 --> 00:06:18,915 Any study done in Sweden has no relevance here. 105 00:06:20,915 --> 00:06:23,682 Mr. Beal, what, if anything else, 106 00:06:23,748 --> 00:06:27,215 caused you to suspect the power lines as a cause for this cancer cluster? 107 00:06:27,282 --> 00:06:32,115 There was a 1990 report done by the Environmental Protection Agency-- 108 00:06:32,182 --> 00:06:35,082 No, no. Your Honor, objection. Sustained. 109 00:06:35,148 --> 00:06:39,015 Mr. Beal, you will refrain from mentioning any outside studies. 110 00:06:39,082 --> 00:06:41,682 Members of the jury, sometimes witnesses and lawyers... 111 00:06:41,748 --> 00:06:45,082 reference studies they have no intention of actually introducing as evidence-- 112 00:06:45,148 --> 00:06:47,515 studies which look good from afar, 113 00:06:47,582 --> 00:06:50,082 but may prove to be unreliable when subjected to scrutiny. 114 00:06:50,148 --> 00:06:53,548 I won't accuse counsel of doing so here. 115 00:06:53,615 --> 00:06:57,215 But you should be advised that the fact that a study is said to exist somewhere... 116 00:06:57,282 --> 00:06:59,415 should in no way account for its validity. 117 00:06:59,482 --> 00:07:02,515 He's gonna screw you at every turn. You know this. 118 00:07:02,582 --> 00:07:04,582 Yeah, but-- Is Jimmy okay? 119 00:07:04,648 --> 00:07:06,415 Jimmy was fine. But, Ellenor, I don't know. 120 00:07:06,482 --> 00:07:08,815 You were there. How could they turn down a million dollars? 121 00:07:08,882 --> 00:07:12,348 Don't get me started. I think the one with the brain tumor's calling the shots. 122 00:07:12,415 --> 00:07:15,848 That was bad. I know. I know. 123 00:07:17,348 --> 00:07:20,248 Did Bobby ask you to take over? He just asked me to watchdog him. 124 00:07:20,315 --> 00:07:23,115 - And be ready, Lindsay. - Jimmy's doing fine. 125 00:07:30,815 --> 00:07:33,182 [ Door Opens, Closes ] [ Sighs ] 126 00:07:33,248 --> 00:07:36,148 [ West ] Anything potentially toxic in the well water? 127 00:07:36,215 --> 00:07:38,148 Not to my knowledge. 128 00:07:38,215 --> 00:07:41,548 Does your town ever use pesticides in your area? 129 00:07:41,615 --> 00:07:43,582 From time to time, yes. 130 00:07:43,648 --> 00:07:45,948 In mosquito season, I'm sure. 131 00:07:46,015 --> 00:07:48,715 There's some farming done, too, in Fairfield. Isn't that right? 132 00:07:48,782 --> 00:07:51,148 Yes. And they likely use pesticides of some sort. 133 00:07:51,215 --> 00:07:53,248 They likely do, yes. 134 00:07:53,315 --> 00:07:57,015 Did anybody ever check out the well water in your area? 135 00:07:57,082 --> 00:07:58,982 I don't know. 136 00:07:59,048 --> 00:08:02,415 Anybody ever investigate pesticides? I don't think so. 137 00:08:02,482 --> 00:08:05,515 Hmm. You basically all shop at the same grocery market, don't you? 138 00:08:05,582 --> 00:08:07,982 Pretty much, yes. 139 00:08:08,048 --> 00:08:10,715 Then that market might be called "a common denominator." 140 00:08:10,782 --> 00:08:15,515 - I think it's called Belson's. - [ Jury Chuckles ] 141 00:08:15,582 --> 00:08:19,515 Did the doctor tell you that carcinogens can be found in the things we eat? 142 00:08:19,582 --> 00:08:21,415 Yes. Mrs. Banner. 143 00:08:21,482 --> 00:08:23,582 Is it completely impossible... 144 00:08:23,648 --> 00:08:26,415 that something you all ate contributed to your getting sick? 145 00:08:26,482 --> 00:08:28,282 [ Banner ] I suppose not. 146 00:08:28,348 --> 00:08:31,482 [ West ] Anybody do any studies on the food at this market? 147 00:08:31,548 --> 00:08:33,282 Not to my knowledge. 148 00:08:33,348 --> 00:08:35,815 Hmm. 149 00:08:35,882 --> 00:08:38,615 There seem to be a lot of possibilities... 150 00:08:38,682 --> 00:08:41,415 that nobody ever bothered to rule out. 151 00:08:41,482 --> 00:08:44,048 Thank you very much. That's all. 152 00:08:47,815 --> 00:08:50,382 Mrs. Banner, who basically are you suing today? 153 00:08:50,448 --> 00:08:52,682 Basically, the government. 154 00:08:52,748 --> 00:08:55,048 And who led you to suspect the power lines... 155 00:08:55,115 --> 00:08:58,348 instead of well water or pesticides or grocery market food? 156 00:08:58,415 --> 00:09:00,282 The government. They did? 157 00:09:00,348 --> 00:09:04,582 [ Banner ] If they suspected pesticides or well water or food, 158 00:09:04,648 --> 00:09:07,682 I assume they would have checked it out because I'm sure they care. 159 00:09:07,748 --> 00:09:09,982 But they didn't test those things. 160 00:09:10,048 --> 00:09:12,248 When we started getting cancer, 161 00:09:12,315 --> 00:09:15,415 all of those scientists came running to the power lines. 162 00:09:15,482 --> 00:09:17,248 And what answers did they give you? 163 00:09:17,315 --> 00:09:21,282 They haven't given us any answers, Mr. Berluti. 164 00:09:21,348 --> 00:09:25,015 [ All Laughing ] [ Rogers ] I like the way he goes, "Hmm." 165 00:09:25,082 --> 00:09:27,348 You hear that? How many times did he do that? 166 00:09:27,415 --> 00:09:30,015 [ All ] Hmm. Hmm. Hmm. 167 00:09:30,082 --> 00:09:32,115 He goes, "Hmm" when he feels good, 168 00:09:32,182 --> 00:09:34,115 so let's hope we don't hear it too often. 169 00:09:34,182 --> 00:09:36,682 [ All Laughing ] Here's a toast to us. 170 00:09:36,748 --> 00:09:40,782 Win or lose, we end up right back here having dinner together. 171 00:09:40,848 --> 00:09:42,782 [ Doyle ] Hear. Hear. [ Rogers ] It's easy for you. 172 00:09:42,848 --> 00:09:45,782 - It's not your house. - [ All Laughing ] 173 00:09:45,848 --> 00:09:48,748 [ Beal ] That's a good one. Well said, David. 174 00:09:50,515 --> 00:09:53,182 All right. Here's the thing. 175 00:09:53,248 --> 00:09:56,315 The next part of the case, this could go on for weeks. 176 00:09:56,382 --> 00:09:58,982 I don't know how many experts they're gonna trot out, 177 00:09:59,048 --> 00:10:01,315 but it's important that you be there every day. 178 00:10:01,382 --> 00:10:04,515 All this boring science stuff-- We gotta keep cancer in the room. 179 00:10:04,582 --> 00:10:07,682 Is the alcoholic ready? 180 00:10:07,748 --> 00:10:10,848 His name is Joel, and he's gonna be great. 181 00:10:10,915 --> 00:10:13,682 I still say you should let me get on that stand and "wig out." 182 00:10:13,748 --> 00:10:17,015 [ All Laughing ] 183 00:10:22,682 --> 00:10:25,948 If ever you think you made a mistake, 184 00:10:26,015 --> 00:10:28,382 just say so-- correct it. 185 00:10:28,448 --> 00:10:32,582 Don't be thinking you'd better cover it up, 'cause-- Can I go home now? 186 00:10:32,648 --> 00:10:34,515 Somethin' else. 187 00:10:34,582 --> 00:10:38,115 Everything they ask you on cross-- every single thing-- 188 00:10:38,182 --> 00:10:40,282 They already know the answer. they already know the answer. 189 00:10:42,348 --> 00:10:46,382 You can expect them to go hard at you on that too. 190 00:10:46,448 --> 00:10:49,448 Jimmy, you know, I might need a little something during lunch. 191 00:10:49,515 --> 00:10:52,982 It isn't gonna be anything that's on my breath. I'll be fine. 192 00:10:53,048 --> 00:10:56,848 But otherwise, 4:00-- I get the shakes. Maybe before. 193 00:10:56,915 --> 00:10:59,215 If you come off even the slightest bit-- 194 00:10:59,282 --> 00:11:01,882 I know. Do you know? 195 00:11:01,948 --> 00:11:03,682 Our case either stops with you or keeps going. 196 00:11:03,748 --> 00:11:06,715 How many times are you gonna say it? I'll say it till it sinks in! 197 00:11:06,782 --> 00:11:09,148 What is this, the-the-- the first case of your life? 198 00:11:09,215 --> 00:11:11,415 Let's think of it as the first trial of your life. 199 00:11:11,482 --> 00:11:13,682 I'm not goin' down just because you take it lightly. 200 00:11:13,748 --> 00:11:17,048 If I collapse on that stand, it's gonna be from exhaustion. You can restore your reputation. 201 00:11:17,115 --> 00:11:19,915 You have had me in this office till 2:00 a.m. for the last two weeks! 202 00:11:19,982 --> 00:11:22,248 Do you wanna be a telemarketer the rest of your life? 203 00:11:22,315 --> 00:11:24,982 - Runt! - Drunk! 204 00:11:25,048 --> 00:11:26,582 Fat! 205 00:11:26,648 --> 00:11:28,282 Bald! 206 00:11:28,348 --> 00:11:30,848 Bald? 207 00:11:32,348 --> 00:11:34,848 [ Laughing ] 208 00:11:42,682 --> 00:11:45,115 [ Sighs ] Jimmy. 209 00:11:45,182 --> 00:11:47,148 Yeah? 210 00:11:47,215 --> 00:11:49,015 Are we nervous? 211 00:11:51,082 --> 00:11:53,148 Joel? 212 00:11:53,215 --> 00:11:55,082 Are you really ready? 213 00:11:56,715 --> 00:11:58,948 Don't you worry about me. 214 00:12:05,839 --> 00:12:07,939 [ Jimmy ] You can't testify from in there. 215 00:12:08,006 --> 00:12:09,973 [ Joel ] Thank you. That's helpful. 216 00:12:10,039 --> 00:12:12,039 Just puke and get it over with. 217 00:12:12,106 --> 00:12:16,339 [ Toilet Flushes ] I don't know how I'd make it without your bedside manner. 218 00:12:16,406 --> 00:12:20,606 Never mind. You're on in two minutes. Come on then. 219 00:12:20,673 --> 00:12:23,339 Hey. Wash your hands. 220 00:12:23,406 --> 00:12:25,573 [ Sighs ] 221 00:12:25,639 --> 00:12:29,573 [ Water Running ] 222 00:12:29,639 --> 00:12:32,273 [ Joel ] I was a professor at Boston University for nine years... 223 00:12:32,339 --> 00:12:35,806 as an epidemiologist specializing in radiation research. 224 00:12:35,873 --> 00:12:40,739 Dr. Helms, did you ever have occasion to study power lines? Yes, I did. 225 00:12:40,806 --> 00:12:45,239 Did you have occasion to study the effect of exposure to power lines on the human body? 226 00:12:45,306 --> 00:12:47,106 I did. 227 00:12:47,173 --> 00:12:50,873 Before we get into the nature of your study-- 'cause it'll take some time-- 228 00:12:50,939 --> 00:12:52,806 could you give us an overall conclusion? 229 00:12:52,873 --> 00:12:57,073 Simply put, exposure to power lines is a cancer risk. 230 00:12:57,139 --> 00:12:59,839 You're sure? There's no question, Mr. Berluti. 231 00:12:59,906 --> 00:13:02,439 Does it mean living next to power lines, you'll get cancer? 232 00:13:02,506 --> 00:13:04,339 Probably not. 233 00:13:04,406 --> 00:13:06,839 But are you at a greater risk? Definitely. 234 00:13:06,906 --> 00:13:08,973 And every epidemiologist knows it. 235 00:13:09,039 --> 00:13:11,606 - Objection, Your Honor. - Sustained. 236 00:13:11,673 --> 00:13:16,306 Okay, Doctor, this stuff gets pretty technical. 237 00:13:16,373 --> 00:13:20,206 Let's start with what exactly is an electromagnetic field. 238 00:13:20,273 --> 00:13:22,773 A power line, electrical wiring, 239 00:13:22,839 --> 00:13:24,906 electrical equipment, a cell phone-- 240 00:13:24,973 --> 00:13:29,039 They all give off what is known as radio-frequency radiation. 241 00:13:29,106 --> 00:13:31,106 And this is harmful? It can be. 242 00:13:31,173 --> 00:13:34,106 What this radiation does is heat body tissue. 243 00:13:34,173 --> 00:13:36,939 If you get too much and the body can't dissipate it, 244 00:13:37,006 --> 00:13:40,239 it can cause injury-- sometimes cancer. 245 00:13:40,306 --> 00:13:44,039 Now, to say something causes cancer-- That's really not fair. 246 00:13:44,106 --> 00:13:46,306 What I should say is, statistically, 247 00:13:46,373 --> 00:13:48,673 you become at higher risk for cancer. 248 00:13:48,739 --> 00:13:50,739 Why or how, we haven't figured out. 249 00:13:50,806 --> 00:13:54,239 And yet, if you haven't figured it out, you seem pretty certain. 250 00:13:54,306 --> 00:13:58,506 Four times as many people living near power lines get cancer, Mr. Berluti. 251 00:13:58,573 --> 00:14:00,706 Just because we haven't figured out why... 252 00:14:00,773 --> 00:14:02,606 doesn't mean we haven't got a problem. 253 00:14:05,739 --> 00:14:07,639 Hey, how's it goin'? 254 00:14:07,706 --> 00:14:11,306 Well, he's been strong, but looks like he could use a drink. 255 00:14:11,373 --> 00:14:13,873 Seven hours now. [ Ellenor ] Jury's awake? 256 00:14:13,939 --> 00:14:16,006 Oh, yeah. Oh, let me say this. 257 00:14:16,073 --> 00:14:18,206 Without having heard what the other side has to say, 258 00:14:18,273 --> 00:14:21,373 I am not living near power lines. 259 00:14:21,439 --> 00:14:24,039 Did you report this to anybody? 260 00:14:24,106 --> 00:14:27,306 Did I report it? [ Scoffs ] 261 00:14:27,373 --> 00:14:30,306 That's why I'm in telemarketing today-- because I reported it. 262 00:14:30,373 --> 00:14:33,973 - Who'd you tell? - I first reported it to Boston Power. 263 00:14:34,039 --> 00:14:36,006 Then the Environmental Protection Agency. 264 00:14:36,073 --> 00:14:38,139 Did the agency respond? 265 00:14:38,206 --> 00:14:40,806 Yes. They found my data to be inconclusive. 266 00:14:40,873 --> 00:14:43,239 They also let me know-- should I compile any more data-- 267 00:14:43,306 --> 00:14:45,306 I should keep it to myself. 268 00:14:45,373 --> 00:14:48,573 - Objection-- hearsay. - Overruled. 269 00:14:48,639 --> 00:14:51,239 [ Jimmy ] Who said that, Dr. Helms? His name was Oliver Rock. 270 00:14:51,306 --> 00:14:54,539 He was a director of the agency's division here in Boston. 271 00:14:54,606 --> 00:14:57,106 - Did he say anything else? - Objection, Your Honor. 272 00:14:57,173 --> 00:14:59,973 Goes only to his response to the witness's report. 273 00:15:00,039 --> 00:15:03,539 - I'll allow it. - What else did he say? 274 00:15:03,606 --> 00:15:06,839 He said, "There are power lines all across the country. 275 00:15:06,906 --> 00:15:09,206 We don't need to start a national panic." 276 00:15:12,273 --> 00:15:15,906 Did you see him squirm? That West guy-- 277 00:15:15,973 --> 00:15:19,839 He laid a big, soft Baby Ruth when I said, "We don't want to make a panic." 278 00:15:19,906 --> 00:15:23,173 I don't think he'll be coming at you with candy bars tomorrow. 279 00:15:23,239 --> 00:15:25,573 Let's go through it again. And go even harder. 280 00:15:25,639 --> 00:15:29,439 You were fired for being a drunk, weren't you, Dr. Helms? 281 00:15:29,506 --> 00:15:31,439 Yes or no. No. 282 00:15:31,506 --> 00:15:34,306 My battle with alcoholism began after I was discharged. 283 00:15:34,373 --> 00:15:37,006 My termination had to do with my unwillingness-- 284 00:15:37,073 --> 00:15:39,139 Don't let him go on. West would be cutting him off. 285 00:15:39,206 --> 00:15:40,639 [ Door Opens ] Sorry. 286 00:15:40,706 --> 00:15:43,639 Jimmy. Talk to you for a sec? 287 00:15:45,573 --> 00:15:47,406 Keep goin'. Grill him. 288 00:15:50,973 --> 00:15:53,073 Hey. Come on in. Sit down. 289 00:15:55,106 --> 00:15:57,106 I hear it's goin' well. 290 00:15:57,173 --> 00:15:59,473 Tomorrow's the big one. 291 00:15:59,539 --> 00:16:02,906 If Joel can survive cross-- I've gone over their witness list. 292 00:16:02,973 --> 00:16:06,239 They have some top researchers-- two from California who've just done a study. 293 00:16:06,306 --> 00:16:08,339 I had Rebecca run some numbers. 294 00:16:08,406 --> 00:16:10,473 You've put in roughly 400 hours on this case. 295 00:16:10,539 --> 00:16:13,006 That's-- That's conservative. 296 00:16:13,073 --> 00:16:16,739 I bill you at 125 an hour, so we can figure 50,000. 297 00:16:16,806 --> 00:16:19,273 Lindsay and Ellenor, between them, takes it over a hundred thousand. 298 00:16:19,339 --> 00:16:22,039 And you're up to 63,000 in costs. 299 00:16:22,106 --> 00:16:25,706 If this trial goes the distance, 300 00:16:25,773 --> 00:16:28,939 we could be in for 250,000. 301 00:16:29,006 --> 00:16:30,906 If we could absorb that, that would be one thing. 302 00:16:30,973 --> 00:16:33,973 But, Jimmy, this case is-- It's running us into the red again. 303 00:16:34,039 --> 00:16:37,673 Business has been good here. Criminal business-- nothing high rent. 304 00:16:37,739 --> 00:16:40,673 The big tickets are the drug dealers. Our biggest was shot dead. 305 00:16:40,739 --> 00:16:43,273 Since Lindsay's out of it, nothing new's coming through the door. 306 00:16:43,339 --> 00:16:45,939 If I could squeeze a decent offer-- Jimmy. 307 00:16:46,006 --> 00:16:48,139 This list. Any chance you have, 308 00:16:48,206 --> 00:16:51,939 it depends on your ability to cross. 309 00:16:52,006 --> 00:16:54,106 Now, I don't mean to put you down, but-- 310 00:16:55,706 --> 00:16:58,373 This isn't your strength. 311 00:16:58,439 --> 00:17:00,806 What do you think I've been doing for the past month, 312 00:17:00,873 --> 00:17:03,106 staying up till 3:00 or 4:00 in the morning? 313 00:17:03,173 --> 00:17:06,306 I'm ready for these guys. I understand that, but-- 314 00:17:06,373 --> 00:17:10,273 I was thinking, maybe if Lindsay handled their experts, then that would give you more time-- 315 00:17:10,339 --> 00:17:13,139 That's her idea? No. She says you're doing great. 316 00:17:13,206 --> 00:17:15,273 You don't think I'm up to a case like this. 317 00:17:15,339 --> 00:17:18,373 I got it. This isn't a reflection of you, Jimmy. 318 00:17:18,439 --> 00:17:21,039 Oh, that's a lie. 319 00:17:24,706 --> 00:17:26,606 Your case isn't good. 320 00:17:27,773 --> 00:17:31,106 You've made the most of it so far. 321 00:17:31,173 --> 00:17:33,306 The time could be right to settle. 322 00:17:35,939 --> 00:17:40,806 He could be right. We may be at our strongest now. 323 00:17:40,873 --> 00:17:43,973 We gotta make a decision here. 324 00:17:44,039 --> 00:17:48,306 Get a number, Jimmy. Then we'll see. 325 00:17:50,706 --> 00:17:53,306 Morning. Good morning. 326 00:17:53,373 --> 00:17:56,206 Says Parcells may be coming back. 327 00:17:56,273 --> 00:17:58,639 I'd sooner welcome back Don Cherry. 328 00:18:01,473 --> 00:18:04,306 They want two. You can get out for two. 329 00:18:05,739 --> 00:18:08,973 I'm afraid that would not be an acceptable number from our side. 330 00:18:09,039 --> 00:18:13,539 What is? Nothing. 331 00:18:13,606 --> 00:18:15,839 Is "nothing" good for you? 332 00:18:15,906 --> 00:18:17,673 Come on. Last week, it was a million. 333 00:18:17,739 --> 00:18:20,339 Things are going better for us than you expected. 334 00:18:20,406 --> 00:18:23,673 Two gets you off cheap. You really don't get it, do you? 335 00:18:23,739 --> 00:18:27,939 The money we offered last week was a premium for silence-- 336 00:18:28,006 --> 00:18:30,073 to preempt your people going to court, 337 00:18:30,139 --> 00:18:32,306 getting their stories printed in the newspaper. 338 00:18:32,373 --> 00:18:36,573 We're beyond that now. The only interest we have now is in winning. 339 00:18:36,639 --> 00:18:39,506 And frankly, I'm not impressed with your presentation so far. 340 00:18:39,573 --> 00:18:42,539 So I think you should recommend "nothing" to your clients. 341 00:18:42,606 --> 00:18:44,639 Because when I get finished with Mr. Helms today, 342 00:18:44,706 --> 00:18:48,039 not only will your case be over, I'll be moving for costs. 343 00:18:48,106 --> 00:18:52,173 And I very well might get them. That could cost you a half a million dollars. 344 00:18:52,239 --> 00:18:56,773 Now, did that thought ever tiptoe across your mind, 345 00:18:56,839 --> 00:18:58,973 or has it all been sugarplums? 346 00:19:02,506 --> 00:19:05,506 People like you think people like me can't beat them. 347 00:19:05,573 --> 00:19:07,473 You're wrong. 348 00:19:07,539 --> 00:19:10,806 I don't doubt people like you can win, Mr. Berluti. 349 00:19:10,873 --> 00:19:13,106 Only it won't be this case. 350 00:19:24,022 --> 00:19:26,856 Now, Mr. Helms-- Oh, excuse me. Dr. Helms, 351 00:19:26,922 --> 00:19:29,622 Are you still a doctor? Yes. 352 00:19:29,689 --> 00:19:34,422 - You work as a doctor? - No. As I said yesterday, I'm in telemarketing now. 353 00:19:34,489 --> 00:19:37,156 You're no longer hireable as an epidemiologist, are you, Doctor? 354 00:19:37,222 --> 00:19:39,556 No. 355 00:19:39,622 --> 00:19:42,456 In fact, as a result of your claims that power lines cause cancer, 356 00:19:42,522 --> 00:19:44,622 you lost respect within the medical community. 357 00:19:44,689 --> 00:19:47,289 I became a political liability. 358 00:19:47,356 --> 00:19:50,089 No other university, academic or medical institution would hire you. 359 00:19:50,156 --> 00:19:51,989 It would seem so. 360 00:19:52,056 --> 00:19:54,856 So now you spend your days making cold calls, 361 00:19:54,922 --> 00:19:59,089 trying to convince people that maybe they should change their long-distance telephone company. 362 00:19:59,156 --> 00:20:00,422 [ Jimmy ] Objection. [ Judge ] Overruled. 363 00:20:00,489 --> 00:20:04,856 - Are you an alcoholic, Doctor? - Objection. - Overruled. 364 00:20:04,922 --> 00:20:07,356 - Are you an alcoholic, Doctor? - Yes. 365 00:20:07,422 --> 00:20:09,322 Recovered? No. 366 00:20:09,389 --> 00:20:11,889 - You still drink. - Yes. 367 00:20:11,956 --> 00:20:15,656 - Did you drink last night? - Yes. 368 00:20:15,722 --> 00:20:19,122 - Were you drunk? - [ Jimmy ] Objection! - [ Judge ] Sustained. 369 00:20:19,189 --> 00:20:23,056 Well, tell me, Doctor, are there any other scientists, to your knowledge, 370 00:20:23,122 --> 00:20:25,156 who would be willing to come forward... 371 00:20:25,222 --> 00:20:28,589 and affirm your theories concerning power lines and cancer? 372 00:20:28,656 --> 00:20:31,422 They won't come forward because the government will go after them. 373 00:20:31,489 --> 00:20:34,689 Like they went after you. Yes, Mr. West. 374 00:20:34,756 --> 00:20:37,389 The government and the scientific advisory council... 375 00:20:37,456 --> 00:20:41,856 considered that it was more expedient to discredit me... 376 00:20:41,922 --> 00:20:45,689 than to admit that power lines are a cancer risk. 377 00:20:45,756 --> 00:20:48,822 I must say I'm surprised the government allows you to work in telemarketing. 378 00:20:48,889 --> 00:20:51,556 I mean, all those phone lines-- calling people every day, 379 00:20:51,622 --> 00:20:54,122 talking to them, sharing the real truth. 380 00:20:54,189 --> 00:20:55,456 Objection. Sustained. 381 00:20:55,522 --> 00:20:58,556 Do you tell people that power lines killed J.F.K.? 382 00:20:58,622 --> 00:21:00,522 Objection! Sustained. 383 00:21:00,589 --> 00:21:03,089 Doctor, 384 00:21:03,156 --> 00:21:06,189 have you ever been hospitalized in a mental institution? 385 00:21:06,256 --> 00:21:08,056 Objection, Your Honor. 386 00:21:11,156 --> 00:21:13,189 I told you. How the hell could it not happen? 387 00:21:13,256 --> 00:21:15,789 Guy's a drunk who did time in a mental ward. 388 00:21:15,856 --> 00:21:17,889 Lower your voice. This is stupid! 389 00:21:17,956 --> 00:21:20,356 We're tilting a windmill here. And you've never done that? 390 00:21:20,422 --> 00:21:22,922 Does Helms have any credibility left? 391 00:21:22,989 --> 00:21:25,322 I didn't like the way the jury was looking at him. 392 00:21:25,389 --> 00:21:27,889 Let's just try to get out-- anything. 393 00:21:27,956 --> 00:21:32,456 We have to cut our losses. If the clients resist, I'll talk to 'em. 394 00:21:32,522 --> 00:21:35,956 Well-- What? 395 00:21:36,022 --> 00:21:39,156 They won't be offering anything, Bobby. 396 00:21:39,222 --> 00:21:41,122 Even before Helms was crossed. 397 00:21:41,189 --> 00:21:44,189 The defense, they're-- They're offering zero. 398 00:21:44,256 --> 00:21:47,956 Nothing? They're determined to go to verdict, 399 00:21:48,022 --> 00:21:50,389 and that was before they chewed up our expert witness. 400 00:21:50,456 --> 00:21:53,789 Their only offer is we give them an agreement for judgment right now, 401 00:21:53,856 --> 00:21:56,256 they'll drop any claim they have for abuse of process. 402 00:21:56,322 --> 00:21:58,456 [ Groans ] [ Door Opens, Closes ] 403 00:22:00,356 --> 00:22:02,456 Hey. 404 00:22:04,389 --> 00:22:06,456 Hey. 405 00:22:10,056 --> 00:22:13,989 Jimmy, maybe Lindsay should take their experts-- 406 00:22:14,056 --> 00:22:16,556 I don't think that's a good idea. 407 00:22:16,622 --> 00:22:18,856 The best part of our case is his relationship with the jury. 408 00:22:18,922 --> 00:22:20,989 I think they still like him. 409 00:22:25,356 --> 00:22:28,522 Okay. Don't go toe-to-toe on science. 410 00:22:28,589 --> 00:22:30,489 All you do is preserve some doubt. 411 00:22:30,556 --> 00:22:32,756 Keep doubt alive. 412 00:22:32,822 --> 00:22:35,622 Can you do that? Yeah. 413 00:22:35,689 --> 00:22:39,722 - Are you up on the science if-- - I can do it. 414 00:22:42,789 --> 00:22:45,556 You've studied the effects of power lines? For 11 years. 415 00:22:45,622 --> 00:22:47,522 And what conclusions did you draw... 416 00:22:47,589 --> 00:22:50,856 with respect to cancer and exposure to power lines and electromagnetic fields? 417 00:22:50,922 --> 00:22:53,889 - There is no link. - None? 418 00:22:53,956 --> 00:22:55,822 None. 419 00:22:55,889 --> 00:22:58,456 Are you sure that power lines cannot cause cancer, 420 00:22:58,522 --> 00:23:02,456 or are you sure that you haven't found the link as to how they could? 421 00:23:02,522 --> 00:23:05,089 The latter. 422 00:23:05,156 --> 00:23:07,189 [ Woman ] Yes. Inconclusive data. 423 00:23:07,256 --> 00:23:10,322 We could make no correlation between exposure and cancer risk. 424 00:23:10,389 --> 00:23:12,422 On this scientific advisory board, 425 00:23:12,489 --> 00:23:16,122 four people were paid consultants for utility commissions, right? 426 00:23:16,189 --> 00:23:18,022 That's correct. 427 00:23:18,089 --> 00:23:20,489 The air force was aware of government tests. 428 00:23:20,556 --> 00:23:22,889 We found no biological effects. 429 00:23:22,956 --> 00:23:25,589 Didn't the air force make efforts to suppress the health effects... 430 00:23:25,656 --> 00:23:27,956 of electromagnetic radiation? 431 00:23:33,422 --> 00:23:37,389 How long have you been at Yale, Dr. Munson? Nineteen years. 432 00:23:37,456 --> 00:23:39,456 And you're an epidemiologist? 433 00:23:39,522 --> 00:23:43,022 And also director of the public health center. 434 00:23:43,089 --> 00:23:45,822 And you were present in the courtroom for the testimony of Joel Helms? 435 00:23:45,889 --> 00:23:49,222 - I was. - Do you have any response to that testimony? 436 00:23:49,289 --> 00:23:53,522 There's absolutely no scientific or medical evidence... 437 00:23:53,589 --> 00:23:56,556 to support the allegations made by the plaintiffs. 438 00:23:56,622 --> 00:23:58,656 And I, as a doctor and a scientist, 439 00:23:58,722 --> 00:24:01,522 find these allegations to be outrageous. 440 00:24:01,589 --> 00:24:04,422 Are you familiar with the study done in Sweden? 441 00:24:04,489 --> 00:24:08,022 - Objection. - This man testified he has knowledge of all the studies. 442 00:24:08,089 --> 00:24:12,222 He has testified that Dr. Helms's conclusions offend science and medicine. 443 00:24:12,289 --> 00:24:16,389 - I am entitled to impeach the testimony of this witness. - I'll allow it. 444 00:24:16,456 --> 00:24:19,922 Dr. Munson, you are aware of two recent Swedish studies... 445 00:24:19,989 --> 00:24:22,022 that concluded-- scientifically concluded-- 446 00:24:22,089 --> 00:24:24,156 that children living near power lines... 447 00:24:24,222 --> 00:24:26,856 have four times the risk of developing leukemia? 448 00:24:26,922 --> 00:24:30,722 - Yes, but-- - Thank you. You've answered my question. 449 00:24:30,789 --> 00:24:36,822 Now, Doctor, are you aware of a 1990 federal Environmental Protection Agency report? 450 00:24:36,889 --> 00:24:39,722 That report was attacked and ultimately revised. 451 00:24:39,789 --> 00:24:43,056 Are you aware of that report? Yes or no. Yes. 452 00:24:43,122 --> 00:24:45,022 And that report linked exposure to power lines... 453 00:24:45,089 --> 00:24:47,522 with leukemia and nervous system cancer. 454 00:24:47,589 --> 00:24:49,956 Objection. He's putting in studies. 455 00:24:50,022 --> 00:24:52,022 No, I am putting in his awareness of these studies... 456 00:24:52,089 --> 00:24:55,122 while he tells this jury Dr. Helms is outrageous. 457 00:24:55,189 --> 00:24:59,622 I'll overrule the objection, but I'm cutting you off, counsel. You made your point. 458 00:24:59,689 --> 00:25:02,056 So let me get this straight, Doctor. 459 00:25:02,122 --> 00:25:05,622 You are aware of many studies that do support the allegations... 460 00:25:05,689 --> 00:25:08,022 connecting power lines with cancer. 461 00:25:08,089 --> 00:25:10,456 You're aware of the studies and reports that support the allegations. 462 00:25:10,522 --> 00:25:12,289 Allegations, not conclusions. 463 00:25:12,356 --> 00:25:15,322 So, 464 00:25:15,389 --> 00:25:17,656 when you said under oath, 465 00:25:17,722 --> 00:25:20,022 "There is no scientific or medical evidence... 466 00:25:20,089 --> 00:25:24,422 to support the allegations made by the plaintiffs"-- 467 00:25:24,489 --> 00:25:26,922 Would that be a lie or a mistake? 468 00:25:26,989 --> 00:25:29,856 [ Murmurs ] It was a poor choice of words. 469 00:25:29,922 --> 00:25:33,956 Poor choice amounting to a lie or a mistake? 470 00:25:38,122 --> 00:25:40,156 Mistake. 471 00:25:40,222 --> 00:25:42,989 [ Quiet Sigh ] 472 00:25:43,056 --> 00:25:47,322 He survived it. Nine experts, 16 days-- we're still alive. 473 00:25:47,389 --> 00:25:51,056 Are you suggesting we could win? I didn't say that. 474 00:25:51,122 --> 00:25:53,389 None of those experts proved power lines couldn't cause cancer, 475 00:25:53,456 --> 00:25:55,322 but we didn't prove that they can either. 476 00:25:55,389 --> 00:25:57,789 But just that we're going into closing with even a chance. 477 00:25:57,856 --> 00:25:59,822 He's in the conference room? Don't. He's practicing his summation. 478 00:25:59,889 --> 00:26:02,222 He got mad when I walked in, so-- 479 00:26:02,289 --> 00:26:04,222 I wish you could've seen it. 480 00:26:04,289 --> 00:26:06,189 I'm goin' tomorrow. 481 00:26:17,022 --> 00:26:19,522 Jimmy? 482 00:26:24,989 --> 00:26:27,222 Jimmy. You okay? 483 00:26:29,356 --> 00:26:31,189 Hey. [ Sighs ] 484 00:26:35,389 --> 00:26:37,256 Will you do it? What? 485 00:26:37,322 --> 00:26:39,389 The closing. 486 00:26:39,456 --> 00:26:42,456 I-- I might be too close to see straight. 487 00:26:42,522 --> 00:26:44,489 You're doing it. 488 00:26:44,556 --> 00:26:48,456 You're right where you wanna be, going into summations with the jury trusting you. 489 00:26:48,522 --> 00:26:52,522 You're here. You can do this. 490 00:26:54,822 --> 00:26:57,656 Bobby asked you to take over, didn't he? 491 00:26:57,722 --> 00:27:01,589 [ Sighs ] He asked me to be ready to. 492 00:27:01,656 --> 00:27:03,889 But it was never necessary. 493 00:27:14,497 --> 00:27:16,997 [ Spectators Chattering ] 494 00:27:28,497 --> 00:27:30,364 Mr. Berluti. 495 00:27:40,431 --> 00:27:44,697 The trial part is over, and we're in the same place we started. 496 00:27:44,764 --> 00:27:47,831 Eleven people who live near the power lines got cancer. 497 00:27:47,897 --> 00:27:51,031 Did I prove it with science? No. 498 00:27:51,097 --> 00:27:54,431 Did they disprove it? No. 499 00:27:54,497 --> 00:27:57,064 We don't know what causes cancer really. 500 00:27:57,131 --> 00:28:00,231 We only know what puts you in a higher risk of getting it. 501 00:28:00,297 --> 00:28:04,331 Living near the power lines puts you at a higher risk. 502 00:28:04,397 --> 00:28:06,431 Evidence? 503 00:28:06,497 --> 00:28:08,564 Exhibits 1 through 7 have been sitting here every day. 504 00:28:08,631 --> 00:28:11,731 You heard Mr. West suggest it could've been well water. 505 00:28:11,797 --> 00:28:15,731 It could've been pesticides. It could've been food or this or that. 506 00:28:15,797 --> 00:28:17,664 Did they check on any of these things? 507 00:28:17,731 --> 00:28:21,497 Did they do any studies-- run some tests on water or dirt? 508 00:28:21,564 --> 00:28:24,864 Don't you think if they suspected pesticides, and people were dying, 509 00:28:24,931 --> 00:28:26,897 they'd check that out? 510 00:28:26,964 --> 00:28:30,797 They didn't. The only thing they studied was power lines. 511 00:28:30,864 --> 00:28:33,097 They hired Joel Helms to study it. 512 00:28:33,164 --> 00:28:37,031 He found increased risk of cancer. 513 00:28:37,097 --> 00:28:39,997 The government defense to this lawsuit is, 514 00:28:40,064 --> 00:28:42,164 "They can't really prove it." 515 00:28:42,231 --> 00:28:46,397 And that is where the real outrage lies, ladies and gentlemen. 516 00:28:46,464 --> 00:28:50,597 Our people are getting sick, getting brain tumors, some even dying. 517 00:28:50,664 --> 00:28:54,397 Instead of finding out why, instead of saying, "Let's stop this," 518 00:28:54,464 --> 00:28:58,464 they're saying, "Prove it. And if you can't prove it, we won't help you." 519 00:29:01,297 --> 00:29:05,831 A lawsuit-- any lawsuit-- is about allocating burden-- 520 00:29:05,897 --> 00:29:10,297 who is best able to absorb the responsibility. 521 00:29:10,364 --> 00:29:14,397 If people living near public utilities start getting clusters of cancer, 522 00:29:14,464 --> 00:29:16,997 I say that should put a burden on the government, 523 00:29:17,064 --> 00:29:20,631 a burden to find out what's going on. 524 00:29:20,697 --> 00:29:23,864 It isn't right for government to just let people get cancer... 525 00:29:23,931 --> 00:29:27,464 and then fall back on, "The data is inconclusive." 526 00:29:27,531 --> 00:29:29,431 That isn't right. 527 00:29:29,497 --> 00:29:32,597 Studies are out there, all over, in this country and in Europe, 528 00:29:32,664 --> 00:29:36,197 making the argument that people get sick from power lines. 529 00:29:36,264 --> 00:29:40,431 And our governmental response is, "Inconclusive." 530 00:29:43,731 --> 00:29:45,897 See these people? 531 00:29:45,964 --> 00:29:47,931 They're ill. 532 00:29:47,997 --> 00:29:52,764 And collectively, they have stories of suffering, chemotherapy, pain-- 533 00:29:52,831 --> 00:29:55,197 stories they did not tell you. 534 00:29:55,264 --> 00:29:57,231 I am privileged to represent them. 535 00:29:57,297 --> 00:29:59,897 How do you put a value on their lives? 536 00:29:59,964 --> 00:30:02,931 I won't ask you to. 537 00:30:02,997 --> 00:30:07,297 But I can put a rough value on the cost of the governmental admission... 538 00:30:07,364 --> 00:30:11,197 that power lines kill-- billions of dollars. 539 00:30:11,264 --> 00:30:14,764 Between tearing down existing lines, compensatory damages-- 540 00:30:14,831 --> 00:30:16,864 billions of dollars. 541 00:30:16,931 --> 00:30:19,931 It's a lot cheaper to let a few people die, 542 00:30:19,997 --> 00:30:22,331 maybe a lot of people. 543 00:30:22,397 --> 00:30:25,697 Is that happening here? I don't know. 544 00:30:25,764 --> 00:30:28,631 My data is "inconclusive." 545 00:30:28,697 --> 00:30:31,031 Ladies and gentlemen of the jury, 546 00:30:31,097 --> 00:30:34,264 it's time to allocate a burden. 547 00:30:41,064 --> 00:30:44,164 Uh, ladies and gentlemen, 548 00:30:44,231 --> 00:30:47,331 that was a brilliant argument. 549 00:30:47,397 --> 00:30:50,597 Unfortunately for Mr. Berluti, it was for the defense. 550 00:30:52,431 --> 00:30:55,664 I'll ask you to go back to that room and accept him at his word. 551 00:30:55,731 --> 00:30:57,731 "They can't prove it." 552 00:30:57,797 --> 00:31:00,464 Now, it may be sound legislative policy... 553 00:31:00,531 --> 00:31:04,197 to burden the government with rooting out the causes of this cancer. 554 00:31:04,264 --> 00:31:08,664 But for a lawsuit, the plaintiff must prove his case... 555 00:31:08,731 --> 00:31:10,597 by a preponderance of the evidence. 556 00:31:10,664 --> 00:31:13,631 They didn't. Not only did they skip over causation, 557 00:31:13,697 --> 00:31:17,597 they never even addressed negligence or any theory of blame. 558 00:31:17,664 --> 00:31:22,131 The essence of their case-- "We have cancer. Give us money." 559 00:31:22,197 --> 00:31:26,431 Now, my heart goes out to these people, as should yours. 560 00:31:26,497 --> 00:31:29,897 But to win a lawsuit, you need proof. 561 00:31:29,964 --> 00:31:33,231 And what proof have they offered? 562 00:31:33,297 --> 00:31:35,297 "The government didn't check out pesticides." 563 00:31:37,131 --> 00:31:39,597 [ People Chattering ] 564 00:31:42,364 --> 00:31:44,397 Jimmy, I got the clients in the witness room. 565 00:31:44,464 --> 00:31:46,397 You should probably say something before we dismiss them. 566 00:31:46,464 --> 00:31:49,464 The deliberations could take a long time, so-- Okay. 567 00:31:49,531 --> 00:31:52,597 That was a fantastic closing. We have a chance. 568 00:31:52,664 --> 00:31:55,997 West was good. Yes, he was. 569 00:31:56,064 --> 00:31:58,897 Come on. Let's give them a sense of parameters. 570 00:32:01,064 --> 00:32:04,297 [ Clears Throat ] Two million. 571 00:32:05,431 --> 00:32:07,364 You have it. 572 00:32:09,097 --> 00:32:11,164 Too little, too late, Mr. West. 573 00:32:11,231 --> 00:32:14,931 My clients said they'd consider eight, nothing less. 574 00:32:14,997 --> 00:32:17,131 And I tend to believe them. 575 00:32:17,197 --> 00:32:20,564 Well, then, we'll wait for the jury, won't we? 576 00:32:20,631 --> 00:32:23,031 Yes, we will. 577 00:32:28,897 --> 00:32:32,131 Are you out of your mind? He's definitely authorized to go higher. 578 00:32:32,197 --> 00:32:34,464 What's goin' on? He just turned down two million. 579 00:32:34,531 --> 00:32:37,797 They can go higher. I don't think the clients would say yes anyway. 580 00:32:37,864 --> 00:32:41,664 Jimmy, small detail-- You have to take it to the clients first. 581 00:32:41,731 --> 00:32:45,197 I think they should grab it. Is it still on the table? 582 00:32:45,264 --> 00:32:47,564 Shh! Shh! 583 00:32:51,764 --> 00:32:54,331 Four. 584 00:32:54,397 --> 00:32:58,331 I'd try to sell six. 585 00:32:58,397 --> 00:33:00,397 If you're worried about a quick verdict, you'd better go eight. 586 00:33:00,464 --> 00:33:02,731 'Cause they're definitely sleeping on six. 587 00:33:02,797 --> 00:33:05,564 You have an obligation to inform your clients of any offer that's made. 588 00:33:05,631 --> 00:33:09,031 My clients told me not to even bother them unless it's eight, 589 00:33:09,097 --> 00:33:11,264 which they still might say no to. 590 00:33:15,997 --> 00:33:20,531 Six-- with a clock. One hour. 591 00:33:23,731 --> 00:33:27,097 - I can't believe it! This is awesome! - [ Excited Chattering ] 592 00:33:27,164 --> 00:33:30,364 Settle down. Come on. Quiet. 593 00:33:30,431 --> 00:33:32,564 [ Banner ] Payable today? We didn't get that far. 594 00:33:32,631 --> 00:33:37,097 Look, we agreed after last week we'd go by majority rule. 595 00:33:37,164 --> 00:33:41,097 We're basically-- What are the numbers? 596 00:33:41,164 --> 00:33:45,164 Well, minus contingency, plus costs-- around 3.9, 597 00:33:45,231 --> 00:33:48,464 which comes to, uh, 350,000 or so per person. 598 00:33:48,531 --> 00:33:50,797 [ Banner ] Well, shouldn't they be paying more? 599 00:33:50,864 --> 00:33:52,564 Not enough. I agree. 600 00:33:52,631 --> 00:33:55,264 - [ All Agreeing ] - Wait a second. Hold on. Hold on. 601 00:33:55,331 --> 00:33:57,464 I know your desire to make a statement, 602 00:33:57,531 --> 00:34:01,631 but six million dollars is not only a lot of money, it's a huge statement. 603 00:34:01,697 --> 00:34:03,464 This is a total victory. 604 00:34:03,531 --> 00:34:07,064 If they're offering six, their jury consultants are telling them something. 605 00:34:07,131 --> 00:34:09,631 - That's good. I like that. - That may be true. 606 00:34:09,697 --> 00:34:12,264 But you have to realize this is still a horrible case causation-wise. 607 00:34:12,331 --> 00:34:15,331 Now Jimmy has pulled a rabbit here-- 608 00:34:15,397 --> 00:34:19,631 a six-million-dollar rabbit out of a hat that nobody gets to dig into. 609 00:34:19,697 --> 00:34:23,431 You have to take it. It's absolute insanity not to leap at it. 610 00:34:23,497 --> 00:34:25,897 Jimmy, what do you think? 611 00:34:28,397 --> 00:34:30,497 It's a crapshoot. 612 00:34:30,564 --> 00:34:32,931 But I've been spending a lot of time with you people. 613 00:34:32,997 --> 00:34:35,597 If you settle, make a deal, 614 00:34:35,664 --> 00:34:37,531 you won't walk away happy. 615 00:34:37,597 --> 00:34:39,831 You didn't come here looking to get a handshake. 616 00:34:39,897 --> 00:34:41,831 You came to get a judgment. 617 00:34:41,897 --> 00:34:44,964 Jimmy. Just a second. 618 00:34:45,031 --> 00:34:47,331 If it's about money, say yes. 619 00:34:47,397 --> 00:34:49,364 And this is a lot of money. 620 00:34:49,431 --> 00:34:51,831 But you've been telling me all along... 621 00:34:51,897 --> 00:34:53,964 this is a fight about something bigger. 622 00:34:54,031 --> 00:34:57,631 My vote-- tell 'em to stick it. 623 00:34:57,697 --> 00:35:00,897 That advice borders on malpractice. You can't ignore-- [ Beal ] Hey! 624 00:35:00,964 --> 00:35:03,331 Who are you? He's our lawyer. 625 00:35:03,397 --> 00:35:05,864 Are we all agreed? 626 00:35:05,931 --> 00:35:07,997 [ All Agreeing ] Yeah. Uh-huh. 627 00:35:08,064 --> 00:35:10,264 The offer's rejected. 628 00:35:13,431 --> 00:35:15,464 Bobby! 629 00:35:15,531 --> 00:35:18,731 Ever accuse me of malpractice in front of a client again, I'll deck you. 630 00:35:18,797 --> 00:35:20,597 I'm tempted to report you to the bar. 631 00:35:20,664 --> 00:35:22,997 This isn't about them needing a victory. It's about you. 632 00:35:23,064 --> 00:35:24,997 It's about lifting some complex off of your head. 633 00:35:25,064 --> 00:35:27,064 You can fire me any time. Don't think I won't! 634 00:35:27,131 --> 00:35:29,197 Cut it out! Berluti? This is private. Beat it. 635 00:35:29,264 --> 00:35:31,297 Fine, but your jury's coming back. 636 00:35:35,464 --> 00:35:38,264 [ Spectators Murmuring ] 637 00:35:45,397 --> 00:35:47,897 Pretty fast. You've reached a verdict? 638 00:35:47,964 --> 00:35:51,664 We have, Your Honor. 639 00:35:51,731 --> 00:35:53,597 What say you, Mr. Foreman? 640 00:35:55,497 --> 00:35:57,431 [ Foreman ] In the matter of Beal et al... 641 00:35:57,497 --> 00:36:00,697 versus Boston Power and the Commonwealth of Massachusetts, 642 00:36:00,764 --> 00:36:03,897 we find in favor of the defen-- of the plaintiffs... 643 00:36:03,964 --> 00:36:08,564 and order Boston Power to pay damages in the amount of $2.6 million. 644 00:36:08,631 --> 00:36:11,964 We further order the Commonwealth of Massachusetts... 645 00:36:12,031 --> 00:36:14,864 to pay damages in the amount of $36 million. 646 00:36:14,931 --> 00:36:18,864 [ Gasping, Muffled Shouting ] 647 00:36:18,931 --> 00:36:22,364 [ Judge ] Settle down. 648 00:36:22,431 --> 00:36:24,931 [ Laughing ] 649 00:36:24,997 --> 00:36:28,164 [ Gavel Rapping ] Settle down. Quiet. 650 00:36:28,231 --> 00:36:30,897 [ Gasping, Shouting Continue ] [ Gavel Raps ] 651 00:36:30,964 --> 00:36:32,397 Settle. [ Raps Gavel ] 652 00:36:32,464 --> 00:36:35,897 Anyone who doesn't settle will be removed. Quiet. 653 00:36:35,964 --> 00:36:41,631 Your Honor, we, the defendants, move for a judgment notwithstanding the verdict. 654 00:36:41,697 --> 00:36:46,631 The Fairfield power lines may very well have caused these people cancer, 655 00:36:46,697 --> 00:36:49,297 but nothing has been admitted into evidence to establish it. 656 00:36:49,364 --> 00:36:52,897 The plaintiffs offered no facts to prove causation. 657 00:36:52,964 --> 00:36:54,564 I was hoping the jury would see that. 658 00:36:54,631 --> 00:36:58,297 Since you didn't do your job, I have to do mine. 659 00:36:58,364 --> 00:37:00,764 Defendants' motion for J.N.O.V. granted. 660 00:37:00,831 --> 00:37:02,664 I hereby enter judgment for the defendant. 661 00:37:02,731 --> 00:37:06,464 We're adjourned. Jury dismissed. [ Gavel Raps ] 662 00:37:06,531 --> 00:37:09,164 Can-- Can he do that? 663 00:37:11,664 --> 00:37:15,431 [ Spectators Chattering ] 664 00:37:40,997 --> 00:37:45,964 First, your instinct to reject the offer obviously turned out to be right. 665 00:37:46,031 --> 00:37:49,164 Second, what you did in this case... 666 00:37:49,231 --> 00:37:53,097 with-- with what you had, what you were up against-- 667 00:37:53,164 --> 00:37:56,331 it may be the best lawyering I ever heard tale of. 668 00:37:56,397 --> 00:38:00,331 And that judge can't take anything away from that, Jimmy. 669 00:38:13,897 --> 00:38:15,997 Come on. 670 00:38:16,064 --> 00:38:18,097 Let me buy you something to eat. 671 00:38:21,631 --> 00:38:24,264 I-- I got plans. 672 00:38:26,131 --> 00:38:29,997 Well, I didn't wanna win anyway. 673 00:38:30,064 --> 00:38:33,164 I'm so used to being a martyr by now, 674 00:38:33,231 --> 00:38:36,264 this whole thing would've put me back in therapy. 675 00:38:36,331 --> 00:38:39,064 [ Beal ] We're gonna appeal. It's not over, right? 676 00:38:39,131 --> 00:38:42,531 Jimmy, we'll appeal, right? 677 00:38:42,597 --> 00:38:44,597 Yes. We will. 678 00:38:44,664 --> 00:38:46,864 [ Rogers ] The case will get more attention this way. 679 00:38:46,931 --> 00:38:49,431 It couldn't be better for public awareness. 680 00:38:49,497 --> 00:38:54,697 When they read that verdict, I just saw a big boat. [ All Laughing ] 681 00:38:54,764 --> 00:38:57,331 How can you all be laughing? 682 00:38:57,397 --> 00:39:00,897 Cheer up, Jimmy. We got the verdict, and that's what we wanted. 683 00:39:00,964 --> 00:39:03,064 Oh, let him be depressed, David. 684 00:39:03,131 --> 00:39:05,364 He's the one that has to live with this the longest. 685 00:39:05,431 --> 00:39:09,164 [ All Laughing ] 686 00:39:27,331 --> 00:39:29,164 Jimmy, hey. 687 00:39:29,231 --> 00:39:31,231 How come you're here so late? 688 00:39:31,297 --> 00:39:33,297 I'm just, uh, catchin' up on some things. 689 00:39:34,731 --> 00:39:37,164 You're crying. 690 00:39:37,231 --> 00:39:40,497 Oh, no. I, uh-- Maybe a little. 691 00:39:40,564 --> 00:39:43,964 They're okay, Lindsay. I just came from them. 692 00:39:44,031 --> 00:39:47,097 They're doin' pretty good. That's good. 693 00:39:51,231 --> 00:39:53,164 What? 694 00:39:56,564 --> 00:39:58,564 I was crying for you, Jimmy. 695 00:39:58,631 --> 00:40:01,431 You deserved-- I'm okay too. 696 00:40:03,464 --> 00:40:07,364 You know, I spend half my time wondering why I ever became a lawyer. 697 00:40:07,431 --> 00:40:11,031 You? But you're so good. 698 00:40:13,731 --> 00:40:15,997 The work can be so dirty sometimes. 699 00:40:17,431 --> 00:40:19,331 But this trial-- 700 00:40:23,097 --> 00:40:25,831 You reminded me how noble lawyers can be. 701 00:40:28,797 --> 00:40:31,164 I was proud to be at your side. 702 00:40:32,897 --> 00:40:34,997 Thank you. 703 00:40:36,664 --> 00:40:38,997 And this, um-- 704 00:40:39,064 --> 00:40:41,197 You-- You should be celebrating tonight. 705 00:40:44,764 --> 00:40:46,831 Yeah. 706 00:40:58,864 --> 00:41:01,364 [ Crying ] 707 00:41:35,731 --> 00:41:37,431 [ Woman ] You stinker!