“Why not? Bosch here says there might be a big settlement.”
“Bosch is an idiot, and he proves it every day. These big pharmaceuticals usually go to trial a few times to test the waters. If they get hammered by juries, then they start settling. If they win, they keep trying the cases until the plaintiffs’ lawyers give up. This could take years.”
Don’t get your hopes up, dear.
D avid and Helen Zinc had been almost as amorous as Wally and DeeAnna. With David working shorter hours and their newfound energy, it had taken less than a week to become pregnant. Now that David was home at a decent hour every night, they made up for lost time. They had just finished a session and were lying in bed watching late-night TV when Bosch appeared on their screen.
When he was gone, Helen said, “Looks like a frenzy.”
“Oh yes. Wally’s out there somewhere right now, littering the streets with brochures. It would be easier to advertise on television, but we can’t afford it.”
“Thank God for that. I really don’t want to see you on-screen fighting it out with the likes of Benny Bosch.”
“I think I’d be a natural as a TV lawyer. ‘Have you been injured?’ ‘We fight for you.’ ‘Insurance companies fear us.’ Whatta you think?”
“I think your friends at Rogan Rothberg would howl with laughter.”
“I have no friends there. Only bad memories.”
“You’ve been gone, what, a month?”
“Six weeks and two days, and I have not, for one moment, wanted to go back.”
“And how much have you earned with your new firm?”
“Six hundred and twenty dollars, and counting.”
“Well, we do have an expansion under way. Have you thought about future earnings, things like that? You walked away from $300,000 a year, fine. But we can’t live on $600 a month.”
“Do you doubt me?”
“No, but a little reassurance would be nice.”
“Okay. I promise you I’ll make enough money to keep us happy and healthy. All three of us. Or four, or five, or whatever.”
“And how do you plan to do this?”
“TV. I’ll go on the air to find Krayoxx victims,” David said, laughing. “Me and Bosch. Whatta you think?”
“I think you’re crazy.”
They were both laughing, then groping.
CHAPTER 19
The official name of the gathering was a discovery conference, and it was typically a brief lawyers’ get- together in front of the judge to discuss the initial stages of the lawsuit. No record was kept, just informal notes taken by a clerk. Often, and especially in the courtroom of Harry Seawright, the judge himself begged off and sent a magistrate to pinch-hit.
Today, however, Judge Seawright was presiding. As the senior judge in the Northern District of Illinois he had a large courtroom, a splendid and spacious layout on the twenty-third floor of the Dirksen Federal Building on Dearborn Street in downtown Chicago. The courtroom was lined with dark, oak-paneled walls, and there were plenty of thick leather chairs for the various players. On the right side, and to the judge’s left, was the plaintiffs’ team of Wally Figg and David Zinc. On the left side, and to the judge’s right, was the team of about a dozen or so Rogan Rothberg lawyers toiling away on behalf of Varrick Laboratories. Their leader, of course, was Nadine Karros, the only female lawyer present, and for the occasion she was modeling a classic Armani navy suit, skirt just above the knees, nude legs, and designer platform pumps with four-inch heels.
Wally couldn’t take his eyes off the shoes, the skirt, the entire package. “Maybe we should come to federal court more often,” he’d quipped to David, who was in no mood for humor. Nor was Wally, to be honest. For both of them, it was their first venture into a federal courtroom. Wally claimed he handled cases in federal court all the time, but David was doubtful. Oscar, senior partner, who was supposed to be there with them, taking on the twin Goliaths of Rogan Rothberg and Varrick, had called in sick.
Oscar wasn’t the only no-show. The great Jerry Alisandros and his team of world-class litigators were all lined up to blast into Chicago for an impressive display of strength, but a last-minute emergency hearing in Boston had become more important. Wally freaked out when he got the call from one of Alisandros’s underlings. “It’s just a discovery conference,” the young man said. Driving to court, Wally had expressed skepticism about Zell amp; Potter.
For David, the moment was extremely uncomfortable. He was sitting in a federal courtroom for the first time knowing that he would not say a word because he had no idea what to say, and his opposition was a team of well-dressed and highly skilled lawyers from a firm he’d once been loyal to, a firm that had recruited him, trained him, paid him a top salary, and promised him a long career, and a firm that he had jilted, rejected. In favor of… Finley amp; Figg? He could almost hear them snickering behind their legal pads. David, with his pedigree and Harvard diploma, belonged over there, where they billed by the hour, not on the plaintiffs’ side, where you beat the streets looking for clients. David did not want to be where he was. Nor did Wally.
Judge Seawright settled himself into his perch and wasted no time. “Where’s Mr. Alisandros?” he growled in the direction of Wally and David.
Wally jumped to his feet, offered a greasy smile, and said, “He’s in Boston, sir.”
“So he will not be here today?”
“That’s right, Your Honor. He was on his way but got sidetracked with some emergency in Boston.”
“I see. He’s an attorney of record for the plaintiffs in this case. The next time we get together, tell him to be here. I will fine him $1,000 for missing the conference.”
“Yes sir.”
“And you’re Mr. Figg?”
“That’s correct, Your Honor, and this is my associate, David Zinc.” David tried to smile. He could almost see every Rogan Rothberg lawyer craning to have a look.
“Welcome to federal court,” the judge said sarcastically. He looked at the defense and said, “I suppose you’re Ms. Karros?”
She stood, and every eye in the courtroom locked onto her. “I am, Your Honor, and this is my co-counsel, Luther Hotchkin.”
“Who are all of those other people?”
“This is our defense team, Your Honor.”
“Do you really need all these people for a simple discovery conference?”
Give ’em hell, Wally thought, still staring at the skirt.
“We do indeed, Your Honor. This is a large and complicated case.”
“So I’ve heard. You may keep your seats for the remainder of this hearing.” Judge Seawright picked up some notes and adjusted his reading glasses. “Now, I’ve spoken to two of my colleagues in Florida, and we are not sure if these cases will proceed in a multi-district litigation. It appears as if the plaintiffs’ lawyers are having some difficulty getting themselves organized. Many, it seems, want a bigger piece of the pie, which is not surprising. At any rate, we have no choice but to proceed with discovery in this case. Mr. Figg, who are your experts?”
Mr. Figg had no experts and had no idea when he might retain them. He was relying on the increasingly unreliable Jerry Alisandros to find the experts because that’s what he promised to do. Wally stood slowly, knowing that any hesitation would look bad. “We’ll have them next week, Your Honor. As you know, we are partnering with the law firm of Zell amp; Potter, a well-known firm specializing in mass torts, and with the flurry of activity around the country it’s been difficult to lock up the best experts. But we’re definitely making progress.”
“That’s nice. Please sit down. So you actually filed this lawsuit before you consulted with any experts?”
“Well, yes, Your Honor, and that’s not unusual.”
