The Practice (1997–2004): Season 2, Episode 17 - Burden of Proof - full transcript
With no medical evidence, an unfavorable judge, a drunk for a scientific witness, and virtually no prospect of winning - Jimmy leads a group of cancer patients no other lawyer would even go near to, into a hopeless trial against a power lines company.
Previously on The Practice.
Basically, our lawyer
just dropped us.
Five weeks
before the trial?
One week before
the summary judgment
hearing.
- I think we should take it.
- Sorry, Jimmy.
- I think we should
take it too.
- What? Why?
Because 11 people
in a two-mile radius
got cancer.
There are simply no facts
to support the claim.
This is an attorney
who demeans our profession.
Those four people
live within 100 yards...
of Boston Power Company
power lines.
They didn't get sick
because I demeaned
the legal profession.
This complaint does allege
disputable questions of fact.
- Defendants' motion for
summary judgment is denied.
- [ Gavel Raps ]
They've offered us a package
of $995,000.
- They don't admit liability.
- They don't admit
they were wrong?
- No.
- I think this deal stinks.
We're all with Maureen
on this, Jimmy.
Will you continue
to be our lawyer?
If you choose to go forward,
I'll be your lawyer.
I thought I made it
clear on the phone.
I can't help you.
You made it clear
you wouldn't help me.
I'm a drunk.
So you can see
I wouldn't make a very great
expert witness, would I?
- He's sauced.
- But I'll be sober
in the morning.
Thank you.
The defense strategy
is gonna be to attack
our strategy,
which they think
is gonna be all
emotion and sympathy.
It ain't gonna be that.
We're gonna be above that.
I thought our case
basically is
all emotion...
since we're weak
on liability.
Our case is credibility--
who to believe.
When I get up at the end
and say those power lines
gave you all cancer,
the jury
has to believe me.
Are there any other
witnesses besides us?
Are we calling our doctors?
Some.
Most of the medical conditions
have already been stipulated to.
It'll all come down
to causation.
And for that, we have
this Helms guy--
the alcoholic.
- It makes me look fat.
- That was your stomach
making you look fat.
It's a good testifying suit.
You'll look all respectable,
but not, like, rich.
Hey, Jimmy.
[ Sighs ]
I'm ready.
I'm glad I'm doin' this,
and I am ready.
I know you are.
This is redemption time.
- [ Bobby ]
Is he still drinking?
- At night.
In the day, he's good.
He'll be okay.
If he comes through,
I figure we'll get
another offer.
Is he
your only expert?
Pretty much.
I subpoenaed
one other guy, but--
Jimmy, if they do offer
anything bigger--
This isn't about getting
a big public apology.
This is about money.
Oh, I know.
If I could get it to two,
I'll shove it
down their tonsils.
Don't worry.
- Well, we're getting nothing
unless Helms holds up.
- He will.
- How many experts do they have?
- More than one.
- How many more?
- They've listed 11. We figure
they'll call eight or nine.
Big hitters.
You all set?
I've waited my whole life
for this case.
[ Line Ringing ]
[ Cell Door Opens, Closes ]
[ Sirens Wailing ]
[ People Chattering ]
[ Elevator Bell Dings ]
[ No Audible Dialogue ]
[ People Coughing ]
[ Tapping Echoes ]
[ Shoes Squeaking ]
Raise your right hand,
please.
Do you swear to tell the truth,
the whole truth and nothing
but the truth...
so help you God?
I do.
Please be seated.
Mike, could you tell the jury
your full name
and where you live?
Michael Lewis Beal.
I live at 192 High Street,
Fairfield, Massachusetts.
- Do you know why you're
in court today, Mike?
- Yes.
Could you tell us why?
I have leukemia.
I have brain cancer.
Ovarian cancer.
Lymphoma.
They say it's terminal.
I live about 300 yards
from the power lines.
Maybe half a mile.
Right next to it
actually.
Malignant.
I'd say
within a half a mile.
They expect me to live.
But have any of the doctors
told you it was caused
by power lines?
They tell me they don't know
what causes cancer.
It could be
something in the air,
something we eat.
Did they rule out
the power lines as a cause?
No, they did not.
Why do you think
it's the power lines?
First, 11 people
in one neighborhood
get cancer.
That tells me
something's goin' on.
That power line field
sits smack in the middle
of our neighborhood.
But that could be
a coincidence.
Perhaps.
But then I read this study
done in Sweden connecting--
- Objection.
- Testimony goes only to
that he read the study.
He's not testifying
as to the accuracy
of its findings.
The objection is sustained.
Your Honor, the question goes
as to why this witness
believes--
I heard the question, counsel.
I'm not allowing it.
Any study done in Sweden
has no relevance here.
Mr. Beal, what,
if anything else,
caused you to suspect
the power lines as a cause
for this cancer cluster?
There was a 1990 report
done by the Environmental
Protection Agency--
No, no.
Your Honor, objection.
Sustained.
Mr. Beal, you will
refrain from mentioning
any outside studies.
Members of the jury,
sometimes witnesses
and lawyers...
reference studies they have
no intention of actually
introducing as evidence--
studies which look good
from afar,
but may prove to be unreliable
when subjected to scrutiny.
I won't accuse counsel
of doing so here.
But you should be advised
that the fact that a study
is said to exist somewhere...
should in no way account
for its validity.
He's gonna screw you
at every turn.
You know this.
Yeah, but--
Is Jimmy okay?
Jimmy was fine.
But, Ellenor,
I don't know.
You were there.
How could they turn down
a million dollars?
Don't get me started. I think
the one with the brain tumor's
calling the shots.
That was bad.
I know. I know.
Did Bobby ask you to take over?
He just asked me
to watchdog him.
- And be ready, Lindsay.
- Jimmy's doing fine.
[ Door Opens, Closes ]
[ Sighs ]
[ West ]
Anything potentially toxic
in the well water?
Not to my knowledge.
Does your town ever use
pesticides in your area?
From time to time,
yes.
In mosquito season,
I'm sure.
There's some farming
done, too, in Fairfield.
Isn't that right?
Yes.
And they likely use
pesticides of some sort.
They likely do, yes.
Did anybody ever check out
the well water in your area?
I don't know.
Anybody ever investigate
pesticides?
I don't think so.
Hmm. You basically all shop
at the same grocery market,
don't you?
Pretty much, yes.
Then that market
might be called
"a common denominator."
- I think it's called Belson's.
- [ Jury Chuckles ]
Did the doctor tell you
that carcinogens can be found
in the things we eat?
Yes.
Mrs. Banner.
Is it completely impossible...
that something you all ate
contributed to your
getting sick?
[ Banner ]
I suppose not.
[ West ]
Anybody do any studies
on the food at this market?
Not to my knowledge.
Hmm.
There seem to be
a lot of possibilities...
that nobody
ever bothered to rule out.
Thank you very much.
That's all.
Mrs. Banner, who basically
are you suing today?
Basically,
the government.
And who led you to suspect
the power lines...
instead of well water
or pesticides
or grocery market food?
The government.
They did?
[ Banner ]
If they suspected pesticides
or well water or food,
I assume they would have
checked it out because
I'm sure they care.
But they didn't
test those things.
When we started
getting cancer,
all of those scientists
came running to the power lines.
And what answers
did they give you?
They haven't given us
any answers, Mr. Berluti.
[ All Laughing ]
[ Rogers ]
I like the way he goes, "Hmm."
You hear that?
How many times
did he do that?
[ All ]
Hmm. Hmm. Hmm.
He goes, "Hmm"
when he feels good,
so let's hope we don't
hear it too often.
[ All Laughing ]
Here's a toast to us.
Win or lose, we end up
right back here
having dinner together.
[ Doyle ] Hear. Hear.
[ Rogers ]
It's easy for you.
- It's not your house.
- [ All Laughing ]
[ Beal ] That's a good one.
Well said, David.
All right.
Here's the thing.
The next part of the case,
this could go on for weeks.
I don't know
how many experts
they're gonna trot out,
but it's important
that you be there every day.
All this boring science stuff--
We gotta keep cancer
in the room.
Is the alcoholic ready?
His name is Joel,
and he's gonna be great.
I still say you should
let me get on that stand
and "wig out."
[ All Laughing ]
If ever you think
you made a mistake,
just say so--
correct it.
Don't be thinking you'd
better cover it up, 'cause--
Can I go home now?
Somethin' else.
Everything
they ask you on cross--
every single thing--
They already
know the answer.
they already know the answer.
You can expect them
to go hard at you
on that too.
Jimmy, you know, I might
need a little something
during lunch.
It isn't gonna be anything
that's on my breath.
I'll be fine.
But otherwise, 4:00--
I get the shakes.
Maybe before.
If you come off
even the slightest bit--
I know.
Do you know?
Our case either stops with you
or keeps going.
How many times
are you gonna say it?
I'll say it till it sinks in!
What is this, the-the--
the first case of your life?
Let's think of it
as the first trial
of your life.
I'm not goin' down
just because you
take it lightly.
If I collapse on that stand,
it's gonna be from exhaustion.
You can restore your reputation.
You have had me in this office
till 2:00 a.m. for the last
two weeks!
Do you wanna be
a telemarketer
the rest of your life?
- Runt!
- Drunk!
Fat!
Bald!
Bald?
[ Laughing ]
[ Sighs ]
Jimmy.
Yeah?
Are we nervous?
Joel?
Are you really ready?
Don't you worry about me.
[ Jimmy ]
You can't testify
from in there.
[ Joel ]
Thank you.
That's helpful.
Just puke
and get it over with.
[ Toilet Flushes ]
I don't know how I'd make it
without your bedside manner.
Never mind.
You're on in two minutes.
Come on then.
Hey. Wash your hands.
[ Sighs ]
[ Water Running ]
[ Joel ] I was a professor
at Boston University
for nine years...
as an epidemiologist
specializing in
radiation research.
Dr. Helms, did you ever have
occasion to study power lines?
Yes, I did.
Did you have occasion to study
the effect of exposure to
power lines on the human body?
I did.
Before we get into
the nature of your study--
'cause it'll take some time--
could you give us
an overall conclusion?
Simply put,
exposure to power lines
is a cancer risk.
You're sure?
There's no question,
Mr. Berluti.
Does it mean living
next to power lines,
you'll get cancer?
Probably not.
But are you
at a greater risk?
Definitely.
And every epidemiologist
knows it.
- Objection, Your Honor.
- Sustained.
Okay, Doctor, this stuff
gets pretty technical.
Let's start
with what exactly is
an electromagnetic field.
A power line,
electrical wiring,
electrical equipment,
a cell phone--
They all give off
what is known as
radio-frequency radiation.
And this is harmful?
It can be.
What this radiation does
is heat body tissue.
If you get too much
and the body can't
dissipate it,
it can cause injury--
sometimes cancer.
Now, to say something
causes cancer--
That's really not fair.
What I should say is,
statistically,
you become at higher risk
for cancer.
Why or how,
we haven't figured out.
And yet, if you haven't
figured it out,
you seem pretty certain.
Four times as many people
living near power lines
get cancer, Mr. Berluti.
Just because we haven't
figured out why...
doesn't mean
we haven't got a problem.
Hey, how's it goin'?
Well, he's been strong,
but looks like he
could use a drink.
Seven hours now.
[ Ellenor ]
Jury's awake?
Oh, yeah. Oh,
let me say this.
Without having heard
what the other side
has to say,
I am not living
near power lines.
Did you report this
to anybody?
Did I report it?
[ Scoffs ]
That's why
I'm in telemarketing today--
because I reported it.
- Who'd you tell?
- I first reported it
to Boston Power.
Then the Environmental
Protection Agency.
Did the agency respond?
Yes. They found my data
to be inconclusive.
They also let me know--
should I compile
any more data--
I should keep it to myself.
- Objection-- hearsay.
- Overruled.
[ Jimmy ]
Who said that, Dr. Helms?
His name was Oliver Rock.
He was a director
of the agency's division
here in Boston.
- Did he say anything else?
- Objection, Your Honor.
Goes only to his response
to the witness's report.
- I'll allow it.
- What else did he say?
He said,
"There are power lines
all across the country.
We don't need to start
a national panic."
Did you see him squirm?
That West guy--
He laid a big, soft Baby Ruth
when I said, "We don't
want to make a panic."
I don't think
he'll be coming at you
with candy bars tomorrow.
Let's go through it again.
And go even harder.
You were fired
for being a drunk,
weren't you, Dr. Helms?
Yes or no.
No.
My battle with alcoholism
began after I was discharged.
My termination had to do
with my unwillingness--
Don't let him go on.
West would be cutting him off.
[ Door Opens ]
Sorry.
Jimmy. Talk to you
for a sec?
Keep goin'.
Grill him.
Hey. Come on in.
Sit down.
I hear it's goin' well.
Tomorrow's the big one.
If Joel can survive cross--
I've gone over
their witness list.
They have some top researchers--
two from California
who've just done a study.
I had Rebecca
run some numbers.
You've put in roughly
400 hours on this case.
That's--
That's conservative.
I bill you
at 125 an hour,
so we can figure 50,000.
Lindsay and Ellenor,
between them, takes it
over a hundred thousand.
And you're up
to 63,000 in costs.
If this trial
goes the distance,
we could be in
for 250,000.
If we could absorb that,
that would be one thing.
But, Jimmy, this case is--
It's running us
into the red again.
Business has been good here.
Criminal business--
nothing high rent.
The big tickets
are the drug dealers.
Our biggest was shot dead.
Since Lindsay's
out of it, nothing new's
coming through the door.
If I could squeeze
a decent offer--
Jimmy.
This list.
Any chance you have,
it depends
on your ability to cross.
Now, I don't mean
to put you down, but--
This isn't your strength.
What do you think I've been
doing for the past month,
staying up till
3:00 or 4:00 in the morning?
I'm ready for these guys.
I understand that, but--
I was thinking, maybe if Lindsay
handled their experts, then that
would give you more time--
That's her idea?
No. She says
you're doing great.
You don't think I'm up
to a case like this.
I got it.
This isn't a reflection
of you, Jimmy.
Oh, that's a lie.
Your case isn't good.
You've made
the most of it so far.
The time could be right
to settle.
He could be right.
We may be at
our strongest now.
We gotta make
a decision here.
Get a number, Jimmy.
Then we'll see.
Morning.
Good morning.
Says Parcells
may be coming back.
I'd sooner welcome back
Don Cherry.
They want two.
You can get out for two.
I'm afraid that would not
be an acceptable number
from our side.
What is?
Nothing.
Is "nothing" good for you?
Come on.
Last week, it was a million.
Things are going
better for us
than you expected.
Two gets you off cheap.
You really don't
get it, do you?
The money
we offered last week
was a premium for silence--
to preempt your people
going to court,
getting their stories
printed in the newspaper.
We're beyond that now.
The only interest we have now
is in winning.
And frankly,
I'm not impressed
with your presentation so far.
So I think you should
recommend "nothing"
to your clients.
Because when I get finished
with Mr. Helms today,
not only
will your case be over,
I'll be moving for costs.
And I very well might get them.
That could cost you
a half a million dollars.
Now, did that thought
ever tiptoe across your mind,
or has it all
been sugarplums?
People like you think
people like me can't beat them.
You're wrong.
I don't doubt
people like you
can win, Mr. Berluti.
Only it won't be this case.
Now, Mr. Helms--
Oh, excuse me.
Dr. Helms,
Are you still a doctor?
Yes.
- You work as a doctor?
- No. As I said yesterday,
I'm in telemarketing now.
You're no longer hireable
as an epidemiologist,
are you, Doctor?
No.
In fact, as a result
of your claims that
power lines cause cancer,
you lost respect within
the medical community.
I became
a political liability.
No other university,
academic or medical
institution would hire you.
It would seem so.
So now you spend your days
making cold calls,
trying to convince people that
maybe they should change their
long-distance telephone company.
[ Jimmy ] Objection.
[ Judge ]
Overruled.
- Are you an alcoholic, Doctor?
- Objection.
- Overruled.
- Are you an alcoholic,
Doctor?
- Yes.
Recovered?
No.
- You still drink.
- Yes.
- Did you drink last night?
- Yes.
- Were you drunk?
- [ Jimmy ] Objection!
- [ Judge ] Sustained.
Well, tell me, Doctor, are there
any other scientists,
to your knowledge,
who would be willing
to come forward...
and affirm your theories
concerning power lines
and cancer?
They won't come forward
because the government
will go after them.
Like they went after you.
Yes, Mr. West.
The government
and the scientific
advisory council...
considered that
it was more expedient
to discredit me...
than to admit that power lines
are a cancer risk.
I must say I'm surprised
the government allows you
to work in telemarketing.
I mean, all those phone lines--
calling people every day,
talking to them,
sharing the real truth.
Objection.
Sustained.
Do you tell people
that power lines
killed J.F.K.?
Objection!
Sustained.
Doctor,
have you ever
been hospitalized
in a mental institution?
Objection, Your Honor.
I told you.
How the hell
could it not happen?
Guy's a drunk
who did time
in a mental ward.
Lower your voice.
This is stupid!
We're tilting
a windmill here.
And you've never done that?
Does Helms have
any credibility left?
I didn't like the way
the jury was looking at him.
Let's just try to get out--
anything.
We have to cut our losses.
If the clients resist,
I'll talk to 'em.
Well--
What?
They won't be offering
anything, Bobby.
Even before Helms
was crossed.
The defense, they're--
They're offering zero.
Nothing?
They're determined
to go to verdict,
and that was before
they chewed up
our expert witness.
Their only offer is we
give them an agreement
for judgment right now,
they'll drop
any claim they have
for abuse of process.
[ Groans ]
[ Door Opens, Closes ]
Hey.
Hey.
Jimmy, maybe Lindsay
should take their experts--
I don't think
that's a good idea.
The best part of our case
is his relationship
with the jury.
I think
they still like him.
Okay. Don't go
toe-to-toe on science.
All you do
is preserve some doubt.
Keep doubt alive.
Can you do that?
Yeah.
- Are you up on the science if--
- I can do it.
You've studied
the effects of power lines?
For 11 years.
And what conclusions
did you draw...
with respect to cancer
and exposure to power lines
and electromagnetic fields?
- There is no link.
- None?
None.
Are you sure that power lines
cannot cause cancer,
or are you sure that
you haven't found the link
as to how they could?
The latter.
[ Woman ]
Yes. Inconclusive data.
We could make
no correlation between
exposure and cancer risk.
On this scientific
advisory board,
four people
were paid consultants
for utility commissions, right?
That's correct.
The air force was aware
of government tests.
We found
no biological effects.
Didn't the air force
make efforts to suppress
the health effects...
of electromagnetic radiation?
How long have you
been at Yale, Dr. Munson?
Nineteen years.
And you're an epidemiologist?
And also director
of the public health center.
And you were present
in the courtroom
for the testimony of Joel Helms?
- I was.
- Do you have any response
to that testimony?
There's absolutely
no scientific
or medical evidence...
to support the allegations
made by the plaintiffs.
And I, as a doctor
and a scientist,
find these allegations
to be outrageous.
Are you familiar
with the study
done in Sweden?
- Objection.
- This man testified he has
knowledge of all the studies.
He has testified that
Dr. Helms's conclusions
offend science and medicine.
- I am entitled to impeach
the testimony of this witness.
- I'll allow it.
Dr. Munson, you are aware
of two recent Swedish studies...
that concluded--
scientifically concluded--
that children
living near power lines...
have four times the risk
of developing leukemia?
- Yes, but--
- Thank you.
You've answered my question.
Now, Doctor, are you aware
of a 1990 federal Environmental
Protection Agency report?
That report was attacked
and ultimately revised.
Are you aware of that report?
Yes or no.
Yes.
And that report linked
exposure to power lines...
with leukemia
and nervous system cancer.
Objection.
He's putting in studies.
No, I am putting in
his awareness
of these studies...
while he tells this jury
Dr. Helms is outrageous.
I'll overrule the objection, but
I'm cutting you off, counsel.
You made your point.
So let me get this straight,
Doctor.
You are aware of many studies
that do support
the allegations...
connecting power lines
with cancer.
You're aware of the studies
and reports that support
the allegations.
Allegations,
not conclusions.
So,
when you said under oath,
"There is no scientific
or medical evidence...
to support the allegations
made by the plaintiffs"--
Would that be a lie
or a mistake?
[ Murmurs ]
It was a poor
choice of words.
Poor choice amounting to
a lie or a mistake?
Mistake.
[ Quiet Sigh ]
He survived it.
Nine experts, 16 days--
we're still alive.
Are you suggesting
we could win?
I didn't say that.
None of those experts
proved power lines
couldn't cause cancer,
but we didn't prove
that they can either.
But just that
we're going into closing
with even a chance.
He's in the conference room?
Don't. He's practicing
his summation.
He got mad
when I walked in, so--
I wish
you could've seen it.
I'm goin' tomorrow.
Jimmy?
Jimmy. You okay?
Hey.
[ Sighs ]
Will you do it?
What?
The closing.
I-- I might be too close
to see straight.
You're doing it.
You're right where you wanna be,
going into summations
with the jury trusting you.
You're here.
You can do this.
Bobby asked you
to take over, didn't he?
[ Sighs ]
He asked me
to be ready to.
But it was never
necessary.
[ Spectators Chattering ]
Mr. Berluti.
The trial part is over,
and we're in the same place
we started.
Eleven people who live
near the power lines
got cancer.
Did I prove it
with science? No.
Did they disprove it?
No.
We don't know what causes
cancer really.
We only know what puts you
in a higher risk
of getting it.
Living near the power lines
puts you at a higher risk.
Evidence?
Exhibits 1 through 7
have been sitting here
every day.
You heard Mr. West suggest
it could've been well water.
It could've been pesticides.
It could've been food
or this or that.
Did they check
on any of these things?
Did they do any studies--
run some tests
on water or dirt?
Don't you think if they
suspected pesticides,
and people were dying,
they'd check that out?
They didn't.
The only thing they studied
was power lines.
They hired Joel Helms
to study it.
He found increased risk
of cancer.
The government defense
to this lawsuit is,
"They can't really
prove it."
And that is where
the real outrage lies,
ladies and gentlemen.
Our people are getting sick,
getting brain tumors,
some even dying.
Instead of finding out why,
instead of saying,
"Let's stop this,"
they're saying, "Prove it.
And if you can't prove it,
we won't help you."
A lawsuit-- any lawsuit--
is about allocating burden--
who is best able to absorb
the responsibility.
If people living near public
utilities start getting
clusters of cancer,
I say that should put
a burden on the government,
a burden to find out
what's going on.
It isn't right for government
to just let people get cancer...
and then fall back on,
"The data is inconclusive."
That isn't right.
Studies are out there, all over,
in this country and in Europe,
making the argument that people
get sick from power lines.
And our governmental response
is, "Inconclusive."
See these people?
They're ill.
And collectively, they have
stories of suffering,
chemotherapy, pain--
stories they did not tell you.
I am privileged
to represent them.
How do you put a value
on their lives?
I won't ask you to.
But I can put
a rough value on the cost
of the governmental admission...
that power lines kill--
billions of dollars.
Between tearing down
existing lines,
compensatory damages--
billions of dollars.
It's a lot cheaper
to let a few people die,
maybe a lot of people.
Is that happening here?
I don't know.
My data is "inconclusive."
Ladies and gentlemen
of the jury,
it's time to allocate
a burden.
Uh, ladies and gentlemen,
that was
a brilliant argument.
Unfortunately
for Mr. Berluti,
it was for the defense.
I'll ask you
to go back to that room
and accept him at his word.
"They can't prove it."
Now, it may be sound
legislative policy...
to burden the government
with rooting out the causes
of this cancer.
But for a lawsuit,
the plaintiff
must prove his case...
by a preponderance
of the evidence.
They didn't.
Not only did they
skip over causation,
they never even
addressed negligence
or any theory of blame.
The essence of their case--
"We have cancer. Give us money."
Now, my heart goes out
to these people,
as should yours.
But to win a lawsuit,
you need proof.
And what proof
have they offered?
"The government didn't
check out pesticides."
[ People Chattering ]
Jimmy, I got the clients
in the witness room.
You should
probably say something
before we dismiss them.
The deliberations could
take a long time, so--
Okay.
That was a fantastic closing.
We have a chance.
West was good.
Yes, he was.
Come on.
Let's give them
a sense of parameters.
[ Clears Throat ]
Two million.
You have it.
Too little, too late,
Mr. West.
My clients said they'd
consider eight, nothing less.
And I tend to believe them.
Well, then, we'll wait
for the jury, won't we?
Yes, we will.
Are you out of your mind?
He's definitely authorized
to go higher.
What's goin' on?
He just turned down
two million.
They can go higher.
I don't think the clients
would say yes anyway.
Jimmy, small detail--
You have to take it
to the clients first.
I think they should grab it.
Is it still on the table?
Shh! Shh!
Four.
I'd try to sell six.
If you're worried
about a quick verdict,
you'd better go eight.
'Cause they're definitely
sleeping on six.
You have an obligation
to inform your clients
of any offer that's made.
My clients told me
not to even bother them
unless it's eight,
which they still might
say no to.
Six-- with a clock.
One hour.
- I can't believe it!
This is awesome!
- [ Excited Chattering ]
Settle down.
Come on. Quiet.
[ Banner ]
Payable today?
We didn't get that far.
Look, we agreed
after last week
we'd go by majority rule.
We're basically--
What are the numbers?
Well, minus contingency,
plus costs-- around 3.9,
which comes to, uh,
350,000 or so
per person.
[ Banner ]
Well, shouldn't they
be paying more?
Not enough.
I agree.
- [ All Agreeing ]
- Wait a second.
Hold on. Hold on.
I know your desire
to make a statement,
but six million dollars
is not only a lot of money,
it's a huge statement.
This is a total victory.
If they're offering six,
their jury consultants
are telling them something.
- That's good.
I like that.
- That may be true.
But you have to realize
this is still a horrible case
causation-wise.
Now Jimmy has pulled
a rabbit here--
a six-million-dollar rabbit
out of a hat that nobody
gets to dig into.
You have to take it.
It's absolute insanity
not to leap at it.
Jimmy, what do you think?
It's a crapshoot.
But I've been
spending a lot of time
with you people.
If you settle,
make a deal,
you won't
walk away happy.
You didn't come here
looking to get a handshake.
You came to get
a judgment.
Jimmy.
Just a second.
If it's about money,
say yes.
And this is
a lot of money.
But you've been
telling me all along...
this is a fight about
something bigger.
My vote--
tell 'em to stick it.
That advice borders on
malpractice. You can't ignore--
[ Beal ] Hey!
Who are you?
He's our lawyer.
Are we all agreed?
[ All Agreeing ]
Yeah. Uh-huh.
The offer's rejected.
Bobby!
Ever accuse me of malpractice
in front of a client again,
I'll deck you.
I'm tempted to report you
to the bar.
This isn't about them
needing a victory.
It's about you.
It's about
lifting some complex
off of your head.
You can fire me
any time.
Don't think I won't!
Cut it out!
Berluti?
This is private. Beat it.
Fine, but your jury's
coming back.
[ Spectators Murmuring ]
Pretty fast.
You've reached a verdict?
We have, Your Honor.
What say you, Mr. Foreman?
[ Foreman ]
In the matter
of Beal et al...
versus Boston Power
and the Commonwealth
of Massachusetts,
we find in favor
of the defen--
of the plaintiffs...
and order Boston Power
to pay damages in the amount
of $2.6 million.
We further order
the Commonwealth
of Massachusetts...
to pay damages in the amount
of $36 million.
[ Gasping, Muffled Shouting ]
[ Judge ]
Settle down.
[ Laughing ]
[ Gavel Rapping ]
Settle down. Quiet.
[ Gasping, Shouting Continue ]
[ Gavel Raps ]
Settle.
[ Raps Gavel ]
Anyone who doesn't settle
will be removed. Quiet.
Your Honor, we, the defendants,
move for a judgment
notwithstanding the verdict.
The Fairfield power lines
may very well have caused
these people cancer,
but nothing has been
admitted into evidence
to establish it.
The plaintiffs
offered no facts
to prove causation.
I was hoping the jury
would see that.
Since you didn't do your job,
I have to do mine.
Defendants' motion
for J.N.O.V. granted.
I hereby enter judgment
for the defendant.
We're adjourned.
Jury dismissed.
[ Gavel Raps ]
Can-- Can he do that?
[ Spectators Chattering ]
First, your instinct
to reject the offer obviously
turned out to be right.
Second, what you did
in this case...
with-- with what you had,
what you were up against--
it may be the best lawyering
I ever heard tale of.
And that judge can't take
anything away from that,
Jimmy.
Come on.
Let me buy you
something to eat.
I-- I got plans.
Well, I didn't
wanna win anyway.
I'm so used to being
a martyr by now,
this whole thing would've
put me back in therapy.
[ Beal ]
We're gonna appeal.
It's not over, right?
Jimmy,
we'll appeal, right?
Yes. We will.
[ Rogers ]
The case will get
more attention this way.
It couldn't be better
for public awareness.
When they read that verdict,
I just saw a big boat.
[ All Laughing ]
How can you all be laughing?
Cheer up, Jimmy.
We got the verdict,
and that's what we wanted.
Oh, let him
be depressed, David.
He's the one that has
to live with this
the longest.
[ All Laughing ]
Jimmy, hey.
How come
you're here so late?
I'm just, uh,
catchin' up
on some things.
You're crying.
Oh, no. I, uh--
Maybe a little.
They're okay, Lindsay.
I just came from them.
They're doin'
pretty good.
That's good.
What?
I was crying for you, Jimmy.
You deserved--
I'm okay too.
You know, I spend
half my time wondering
why I ever became a lawyer.
You? But you're so good.
The work can be
so dirty sometimes.
But this trial--
You reminded me
how noble lawyers can be.
I was proud
to be at your side.
Thank you.
And this, um--
You-- You should
be celebrating tonight.
Yeah.
[ Crying ]
[ Woman ]
You stinker!
Basically, our lawyer
just dropped us.
Five weeks
before the trial?
One week before
the summary judgment
hearing.
- I think we should take it.
- Sorry, Jimmy.
- I think we should
take it too.
- What? Why?
Because 11 people
in a two-mile radius
got cancer.
There are simply no facts
to support the claim.
This is an attorney
who demeans our profession.
Those four people
live within 100 yards...
of Boston Power Company
power lines.
They didn't get sick
because I demeaned
the legal profession.
This complaint does allege
disputable questions of fact.
- Defendants' motion for
summary judgment is denied.
- [ Gavel Raps ]
They've offered us a package
of $995,000.
- They don't admit liability.
- They don't admit
they were wrong?
- No.
- I think this deal stinks.
We're all with Maureen
on this, Jimmy.
Will you continue
to be our lawyer?
If you choose to go forward,
I'll be your lawyer.
I thought I made it
clear on the phone.
I can't help you.
You made it clear
you wouldn't help me.
I'm a drunk.
So you can see
I wouldn't make a very great
expert witness, would I?
- He's sauced.
- But I'll be sober
in the morning.
Thank you.
The defense strategy
is gonna be to attack
our strategy,
which they think
is gonna be all
emotion and sympathy.
It ain't gonna be that.
We're gonna be above that.
I thought our case
basically is
all emotion...
since we're weak
on liability.
Our case is credibility--
who to believe.
When I get up at the end
and say those power lines
gave you all cancer,
the jury
has to believe me.
Are there any other
witnesses besides us?
Are we calling our doctors?
Some.
Most of the medical conditions
have already been stipulated to.
It'll all come down
to causation.
And for that, we have
this Helms guy--
the alcoholic.
- It makes me look fat.
- That was your stomach
making you look fat.
It's a good testifying suit.
You'll look all respectable,
but not, like, rich.
Hey, Jimmy.
[ Sighs ]
I'm ready.
I'm glad I'm doin' this,
and I am ready.
I know you are.
This is redemption time.
- [ Bobby ]
Is he still drinking?
- At night.
In the day, he's good.
He'll be okay.
If he comes through,
I figure we'll get
another offer.
Is he
your only expert?
Pretty much.
I subpoenaed
one other guy, but--
Jimmy, if they do offer
anything bigger--
This isn't about getting
a big public apology.
This is about money.
Oh, I know.
If I could get it to two,
I'll shove it
down their tonsils.
Don't worry.
- Well, we're getting nothing
unless Helms holds up.
- He will.
- How many experts do they have?
- More than one.
- How many more?
- They've listed 11. We figure
they'll call eight or nine.
Big hitters.
You all set?
I've waited my whole life
for this case.
[ Line Ringing ]
[ Cell Door Opens, Closes ]
[ Sirens Wailing ]
[ People Chattering ]
[ Elevator Bell Dings ]
[ No Audible Dialogue ]
[ People Coughing ]
[ Tapping Echoes ]
[ Shoes Squeaking ]
Raise your right hand,
please.
Do you swear to tell the truth,
the whole truth and nothing
but the truth...
so help you God?
I do.
Please be seated.
Mike, could you tell the jury
your full name
and where you live?
Michael Lewis Beal.
I live at 192 High Street,
Fairfield, Massachusetts.
- Do you know why you're
in court today, Mike?
- Yes.
Could you tell us why?
I have leukemia.
I have brain cancer.
Ovarian cancer.
Lymphoma.
They say it's terminal.
I live about 300 yards
from the power lines.
Maybe half a mile.
Right next to it
actually.
Malignant.
I'd say
within a half a mile.
They expect me to live.
But have any of the doctors
told you it was caused
by power lines?
They tell me they don't know
what causes cancer.
It could be
something in the air,
something we eat.
Did they rule out
the power lines as a cause?
No, they did not.
Why do you think
it's the power lines?
First, 11 people
in one neighborhood
get cancer.
That tells me
something's goin' on.
That power line field
sits smack in the middle
of our neighborhood.
But that could be
a coincidence.
Perhaps.
But then I read this study
done in Sweden connecting--
- Objection.
- Testimony goes only to
that he read the study.
He's not testifying
as to the accuracy
of its findings.
The objection is sustained.
Your Honor, the question goes
as to why this witness
believes--
I heard the question, counsel.
I'm not allowing it.
Any study done in Sweden
has no relevance here.
Mr. Beal, what,
if anything else,
caused you to suspect
the power lines as a cause
for this cancer cluster?
There was a 1990 report
done by the Environmental
Protection Agency--
No, no.
Your Honor, objection.
Sustained.
Mr. Beal, you will
refrain from mentioning
any outside studies.
Members of the jury,
sometimes witnesses
and lawyers...
reference studies they have
no intention of actually
introducing as evidence--
studies which look good
from afar,
but may prove to be unreliable
when subjected to scrutiny.
I won't accuse counsel
of doing so here.
But you should be advised
that the fact that a study
is said to exist somewhere...
should in no way account
for its validity.
He's gonna screw you
at every turn.
You know this.
Yeah, but--
Is Jimmy okay?
Jimmy was fine.
But, Ellenor,
I don't know.
You were there.
How could they turn down
a million dollars?
Don't get me started. I think
the one with the brain tumor's
calling the shots.
That was bad.
I know. I know.
Did Bobby ask you to take over?
He just asked me
to watchdog him.
- And be ready, Lindsay.
- Jimmy's doing fine.
[ Door Opens, Closes ]
[ Sighs ]
[ West ]
Anything potentially toxic
in the well water?
Not to my knowledge.
Does your town ever use
pesticides in your area?
From time to time,
yes.
In mosquito season,
I'm sure.
There's some farming
done, too, in Fairfield.
Isn't that right?
Yes.
And they likely use
pesticides of some sort.
They likely do, yes.
Did anybody ever check out
the well water in your area?
I don't know.
Anybody ever investigate
pesticides?
I don't think so.
Hmm. You basically all shop
at the same grocery market,
don't you?
Pretty much, yes.
Then that market
might be called
"a common denominator."
- I think it's called Belson's.
- [ Jury Chuckles ]
Did the doctor tell you
that carcinogens can be found
in the things we eat?
Yes.
Mrs. Banner.
Is it completely impossible...
that something you all ate
contributed to your
getting sick?
[ Banner ]
I suppose not.
[ West ]
Anybody do any studies
on the food at this market?
Not to my knowledge.
Hmm.
There seem to be
a lot of possibilities...
that nobody
ever bothered to rule out.
Thank you very much.
That's all.
Mrs. Banner, who basically
are you suing today?
Basically,
the government.
And who led you to suspect
the power lines...
instead of well water
or pesticides
or grocery market food?
The government.
They did?
[ Banner ]
If they suspected pesticides
or well water or food,
I assume they would have
checked it out because
I'm sure they care.
But they didn't
test those things.
When we started
getting cancer,
all of those scientists
came running to the power lines.
And what answers
did they give you?
They haven't given us
any answers, Mr. Berluti.
[ All Laughing ]
[ Rogers ]
I like the way he goes, "Hmm."
You hear that?
How many times
did he do that?
[ All ]
Hmm. Hmm. Hmm.
He goes, "Hmm"
when he feels good,
so let's hope we don't
hear it too often.
[ All Laughing ]
Here's a toast to us.
Win or lose, we end up
right back here
having dinner together.
[ Doyle ] Hear. Hear.
[ Rogers ]
It's easy for you.
- It's not your house.
- [ All Laughing ]
[ Beal ] That's a good one.
Well said, David.
All right.
Here's the thing.
The next part of the case,
this could go on for weeks.
I don't know
how many experts
they're gonna trot out,
but it's important
that you be there every day.
All this boring science stuff--
We gotta keep cancer
in the room.
Is the alcoholic ready?
His name is Joel,
and he's gonna be great.
I still say you should
let me get on that stand
and "wig out."
[ All Laughing ]
If ever you think
you made a mistake,
just say so--
correct it.
Don't be thinking you'd
better cover it up, 'cause--
Can I go home now?
Somethin' else.
Everything
they ask you on cross--
every single thing--
They already
know the answer.
they already know the answer.
You can expect them
to go hard at you
on that too.
Jimmy, you know, I might
need a little something
during lunch.
It isn't gonna be anything
that's on my breath.
I'll be fine.
But otherwise, 4:00--
I get the shakes.
Maybe before.
If you come off
even the slightest bit--
I know.
Do you know?
Our case either stops with you
or keeps going.
How many times
are you gonna say it?
I'll say it till it sinks in!
What is this, the-the--
the first case of your life?
Let's think of it
as the first trial
of your life.
I'm not goin' down
just because you
take it lightly.
If I collapse on that stand,
it's gonna be from exhaustion.
You can restore your reputation.
You have had me in this office
till 2:00 a.m. for the last
two weeks!
Do you wanna be
a telemarketer
the rest of your life?
- Runt!
- Drunk!
Fat!
Bald!
Bald?
[ Laughing ]
[ Sighs ]
Jimmy.
Yeah?
Are we nervous?
Joel?
Are you really ready?
Don't you worry about me.
[ Jimmy ]
You can't testify
from in there.
[ Joel ]
Thank you.
That's helpful.
Just puke
and get it over with.
[ Toilet Flushes ]
I don't know how I'd make it
without your bedside manner.
Never mind.
You're on in two minutes.
Come on then.
Hey. Wash your hands.
[ Sighs ]
[ Water Running ]
[ Joel ] I was a professor
at Boston University
for nine years...
as an epidemiologist
specializing in
radiation research.
Dr. Helms, did you ever have
occasion to study power lines?
Yes, I did.
Did you have occasion to study
the effect of exposure to
power lines on the human body?
I did.
Before we get into
the nature of your study--
'cause it'll take some time--
could you give us
an overall conclusion?
Simply put,
exposure to power lines
is a cancer risk.
You're sure?
There's no question,
Mr. Berluti.
Does it mean living
next to power lines,
you'll get cancer?
Probably not.
But are you
at a greater risk?
Definitely.
And every epidemiologist
knows it.
- Objection, Your Honor.
- Sustained.
Okay, Doctor, this stuff
gets pretty technical.
Let's start
with what exactly is
an electromagnetic field.
A power line,
electrical wiring,
electrical equipment,
a cell phone--
They all give off
what is known as
radio-frequency radiation.
And this is harmful?
It can be.
What this radiation does
is heat body tissue.
If you get too much
and the body can't
dissipate it,
it can cause injury--
sometimes cancer.
Now, to say something
causes cancer--
That's really not fair.
What I should say is,
statistically,
you become at higher risk
for cancer.
Why or how,
we haven't figured out.
And yet, if you haven't
figured it out,
you seem pretty certain.
Four times as many people
living near power lines
get cancer, Mr. Berluti.
Just because we haven't
figured out why...
doesn't mean
we haven't got a problem.
Hey, how's it goin'?
Well, he's been strong,
but looks like he
could use a drink.
Seven hours now.
[ Ellenor ]
Jury's awake?
Oh, yeah. Oh,
let me say this.
Without having heard
what the other side
has to say,
I am not living
near power lines.
Did you report this
to anybody?
Did I report it?
[ Scoffs ]
That's why
I'm in telemarketing today--
because I reported it.
- Who'd you tell?
- I first reported it
to Boston Power.
Then the Environmental
Protection Agency.
Did the agency respond?
Yes. They found my data
to be inconclusive.
They also let me know--
should I compile
any more data--
I should keep it to myself.
- Objection-- hearsay.
- Overruled.
[ Jimmy ]
Who said that, Dr. Helms?
His name was Oliver Rock.
He was a director
of the agency's division
here in Boston.
- Did he say anything else?
- Objection, Your Honor.
Goes only to his response
to the witness's report.
- I'll allow it.
- What else did he say?
He said,
"There are power lines
all across the country.
We don't need to start
a national panic."
Did you see him squirm?
That West guy--
He laid a big, soft Baby Ruth
when I said, "We don't
want to make a panic."
I don't think
he'll be coming at you
with candy bars tomorrow.
Let's go through it again.
And go even harder.
You were fired
for being a drunk,
weren't you, Dr. Helms?
Yes or no.
No.
My battle with alcoholism
began after I was discharged.
My termination had to do
with my unwillingness--
Don't let him go on.
West would be cutting him off.
[ Door Opens ]
Sorry.
Jimmy. Talk to you
for a sec?
Keep goin'.
Grill him.
Hey. Come on in.
Sit down.
I hear it's goin' well.
Tomorrow's the big one.
If Joel can survive cross--
I've gone over
their witness list.
They have some top researchers--
two from California
who've just done a study.
I had Rebecca
run some numbers.
You've put in roughly
400 hours on this case.
That's--
That's conservative.
I bill you
at 125 an hour,
so we can figure 50,000.
Lindsay and Ellenor,
between them, takes it
over a hundred thousand.
And you're up
to 63,000 in costs.
If this trial
goes the distance,
we could be in
for 250,000.
If we could absorb that,
that would be one thing.
But, Jimmy, this case is--
It's running us
into the red again.
Business has been good here.
Criminal business--
nothing high rent.
The big tickets
are the drug dealers.
Our biggest was shot dead.
Since Lindsay's
out of it, nothing new's
coming through the door.
If I could squeeze
a decent offer--
Jimmy.
This list.
Any chance you have,
it depends
on your ability to cross.
Now, I don't mean
to put you down, but--
This isn't your strength.
What do you think I've been
doing for the past month,
staying up till
3:00 or 4:00 in the morning?
I'm ready for these guys.
I understand that, but--
I was thinking, maybe if Lindsay
handled their experts, then that
would give you more time--
That's her idea?
No. She says
you're doing great.
You don't think I'm up
to a case like this.
I got it.
This isn't a reflection
of you, Jimmy.
Oh, that's a lie.
Your case isn't good.
You've made
the most of it so far.
The time could be right
to settle.
He could be right.
We may be at
our strongest now.
We gotta make
a decision here.
Get a number, Jimmy.
Then we'll see.
Morning.
Good morning.
Says Parcells
may be coming back.
I'd sooner welcome back
Don Cherry.
They want two.
You can get out for two.
I'm afraid that would not
be an acceptable number
from our side.
What is?
Nothing.
Is "nothing" good for you?
Come on.
Last week, it was a million.
Things are going
better for us
than you expected.
Two gets you off cheap.
You really don't
get it, do you?
The money
we offered last week
was a premium for silence--
to preempt your people
going to court,
getting their stories
printed in the newspaper.
We're beyond that now.
The only interest we have now
is in winning.
And frankly,
I'm not impressed
with your presentation so far.
So I think you should
recommend "nothing"
to your clients.
Because when I get finished
with Mr. Helms today,
not only
will your case be over,
I'll be moving for costs.
And I very well might get them.
That could cost you
a half a million dollars.
Now, did that thought
ever tiptoe across your mind,
or has it all
been sugarplums?
People like you think
people like me can't beat them.
You're wrong.
I don't doubt
people like you
can win, Mr. Berluti.
Only it won't be this case.
Now, Mr. Helms--
Oh, excuse me.
Dr. Helms,
Are you still a doctor?
Yes.
- You work as a doctor?
- No. As I said yesterday,
I'm in telemarketing now.
You're no longer hireable
as an epidemiologist,
are you, Doctor?
No.
In fact, as a result
of your claims that
power lines cause cancer,
you lost respect within
the medical community.
I became
a political liability.
No other university,
academic or medical
institution would hire you.
It would seem so.
So now you spend your days
making cold calls,
trying to convince people that
maybe they should change their
long-distance telephone company.
[ Jimmy ] Objection.
[ Judge ]
Overruled.
- Are you an alcoholic, Doctor?
- Objection.
- Overruled.
- Are you an alcoholic,
Doctor?
- Yes.
Recovered?
No.
- You still drink.
- Yes.
- Did you drink last night?
- Yes.
- Were you drunk?
- [ Jimmy ] Objection!
- [ Judge ] Sustained.
Well, tell me, Doctor, are there
any other scientists,
to your knowledge,
who would be willing
to come forward...
and affirm your theories
concerning power lines
and cancer?
They won't come forward
because the government
will go after them.
Like they went after you.
Yes, Mr. West.
The government
and the scientific
advisory council...
considered that
it was more expedient
to discredit me...
than to admit that power lines
are a cancer risk.
I must say I'm surprised
the government allows you
to work in telemarketing.
I mean, all those phone lines--
calling people every day,
talking to them,
sharing the real truth.
Objection.
Sustained.
Do you tell people
that power lines
killed J.F.K.?
Objection!
Sustained.
Doctor,
have you ever
been hospitalized
in a mental institution?
Objection, Your Honor.
I told you.
How the hell
could it not happen?
Guy's a drunk
who did time
in a mental ward.
Lower your voice.
This is stupid!
We're tilting
a windmill here.
And you've never done that?
Does Helms have
any credibility left?
I didn't like the way
the jury was looking at him.
Let's just try to get out--
anything.
We have to cut our losses.
If the clients resist,
I'll talk to 'em.
Well--
What?
They won't be offering
anything, Bobby.
Even before Helms
was crossed.
The defense, they're--
They're offering zero.
Nothing?
They're determined
to go to verdict,
and that was before
they chewed up
our expert witness.
Their only offer is we
give them an agreement
for judgment right now,
they'll drop
any claim they have
for abuse of process.
[ Groans ]
[ Door Opens, Closes ]
Hey.
Hey.
Jimmy, maybe Lindsay
should take their experts--
I don't think
that's a good idea.
The best part of our case
is his relationship
with the jury.
I think
they still like him.
Okay. Don't go
toe-to-toe on science.
All you do
is preserve some doubt.
Keep doubt alive.
Can you do that?
Yeah.
- Are you up on the science if--
- I can do it.
You've studied
the effects of power lines?
For 11 years.
And what conclusions
did you draw...
with respect to cancer
and exposure to power lines
and electromagnetic fields?
- There is no link.
- None?
None.
Are you sure that power lines
cannot cause cancer,
or are you sure that
you haven't found the link
as to how they could?
The latter.
[ Woman ]
Yes. Inconclusive data.
We could make
no correlation between
exposure and cancer risk.
On this scientific
advisory board,
four people
were paid consultants
for utility commissions, right?
That's correct.
The air force was aware
of government tests.
We found
no biological effects.
Didn't the air force
make efforts to suppress
the health effects...
of electromagnetic radiation?
How long have you
been at Yale, Dr. Munson?
Nineteen years.
And you're an epidemiologist?
And also director
of the public health center.
And you were present
in the courtroom
for the testimony of Joel Helms?
- I was.
- Do you have any response
to that testimony?
There's absolutely
no scientific
or medical evidence...
to support the allegations
made by the plaintiffs.
And I, as a doctor
and a scientist,
find these allegations
to be outrageous.
Are you familiar
with the study
done in Sweden?
- Objection.
- This man testified he has
knowledge of all the studies.
He has testified that
Dr. Helms's conclusions
offend science and medicine.
- I am entitled to impeach
the testimony of this witness.
- I'll allow it.
Dr. Munson, you are aware
of two recent Swedish studies...
that concluded--
scientifically concluded--
that children
living near power lines...
have four times the risk
of developing leukemia?
- Yes, but--
- Thank you.
You've answered my question.
Now, Doctor, are you aware
of a 1990 federal Environmental
Protection Agency report?
That report was attacked
and ultimately revised.
Are you aware of that report?
Yes or no.
Yes.
And that report linked
exposure to power lines...
with leukemia
and nervous system cancer.
Objection.
He's putting in studies.
No, I am putting in
his awareness
of these studies...
while he tells this jury
Dr. Helms is outrageous.
I'll overrule the objection, but
I'm cutting you off, counsel.
You made your point.
So let me get this straight,
Doctor.
You are aware of many studies
that do support
the allegations...
connecting power lines
with cancer.
You're aware of the studies
and reports that support
the allegations.
Allegations,
not conclusions.
So,
when you said under oath,
"There is no scientific
or medical evidence...
to support the allegations
made by the plaintiffs"--
Would that be a lie
or a mistake?
[ Murmurs ]
It was a poor
choice of words.
Poor choice amounting to
a lie or a mistake?
Mistake.
[ Quiet Sigh ]
He survived it.
Nine experts, 16 days--
we're still alive.
Are you suggesting
we could win?
I didn't say that.
None of those experts
proved power lines
couldn't cause cancer,
but we didn't prove
that they can either.
But just that
we're going into closing
with even a chance.
He's in the conference room?
Don't. He's practicing
his summation.
He got mad
when I walked in, so--
I wish
you could've seen it.
I'm goin' tomorrow.
Jimmy?
Jimmy. You okay?
Hey.
[ Sighs ]
Will you do it?
What?
The closing.
I-- I might be too close
to see straight.
You're doing it.
You're right where you wanna be,
going into summations
with the jury trusting you.
You're here.
You can do this.
Bobby asked you
to take over, didn't he?
[ Sighs ]
He asked me
to be ready to.
But it was never
necessary.
[ Spectators Chattering ]
Mr. Berluti.
The trial part is over,
and we're in the same place
we started.
Eleven people who live
near the power lines
got cancer.
Did I prove it
with science? No.
Did they disprove it?
No.
We don't know what causes
cancer really.
We only know what puts you
in a higher risk
of getting it.
Living near the power lines
puts you at a higher risk.
Evidence?
Exhibits 1 through 7
have been sitting here
every day.
You heard Mr. West suggest
it could've been well water.
It could've been pesticides.
It could've been food
or this or that.
Did they check
on any of these things?
Did they do any studies--
run some tests
on water or dirt?
Don't you think if they
suspected pesticides,
and people were dying,
they'd check that out?
They didn't.
The only thing they studied
was power lines.
They hired Joel Helms
to study it.
He found increased risk
of cancer.
The government defense
to this lawsuit is,
"They can't really
prove it."
And that is where
the real outrage lies,
ladies and gentlemen.
Our people are getting sick,
getting brain tumors,
some even dying.
Instead of finding out why,
instead of saying,
"Let's stop this,"
they're saying, "Prove it.
And if you can't prove it,
we won't help you."
A lawsuit-- any lawsuit--
is about allocating burden--
who is best able to absorb
the responsibility.
If people living near public
utilities start getting
clusters of cancer,
I say that should put
a burden on the government,
a burden to find out
what's going on.
It isn't right for government
to just let people get cancer...
and then fall back on,
"The data is inconclusive."
That isn't right.
Studies are out there, all over,
in this country and in Europe,
making the argument that people
get sick from power lines.
And our governmental response
is, "Inconclusive."
See these people?
They're ill.
And collectively, they have
stories of suffering,
chemotherapy, pain--
stories they did not tell you.
I am privileged
to represent them.
How do you put a value
on their lives?
I won't ask you to.
But I can put
a rough value on the cost
of the governmental admission...
that power lines kill--
billions of dollars.
Between tearing down
existing lines,
compensatory damages--
billions of dollars.
It's a lot cheaper
to let a few people die,
maybe a lot of people.
Is that happening here?
I don't know.
My data is "inconclusive."
Ladies and gentlemen
of the jury,
it's time to allocate
a burden.
Uh, ladies and gentlemen,
that was
a brilliant argument.
Unfortunately
for Mr. Berluti,
it was for the defense.
I'll ask you
to go back to that room
and accept him at his word.
"They can't prove it."
Now, it may be sound
legislative policy...
to burden the government
with rooting out the causes
of this cancer.
But for a lawsuit,
the plaintiff
must prove his case...
by a preponderance
of the evidence.
They didn't.
Not only did they
skip over causation,
they never even
addressed negligence
or any theory of blame.
The essence of their case--
"We have cancer. Give us money."
Now, my heart goes out
to these people,
as should yours.
But to win a lawsuit,
you need proof.
And what proof
have they offered?
"The government didn't
check out pesticides."
[ People Chattering ]
Jimmy, I got the clients
in the witness room.
You should
probably say something
before we dismiss them.
The deliberations could
take a long time, so--
Okay.
That was a fantastic closing.
We have a chance.
West was good.
Yes, he was.
Come on.
Let's give them
a sense of parameters.
[ Clears Throat ]
Two million.
You have it.
Too little, too late,
Mr. West.
My clients said they'd
consider eight, nothing less.
And I tend to believe them.
Well, then, we'll wait
for the jury, won't we?
Yes, we will.
Are you out of your mind?
He's definitely authorized
to go higher.
What's goin' on?
He just turned down
two million.
They can go higher.
I don't think the clients
would say yes anyway.
Jimmy, small detail--
You have to take it
to the clients first.
I think they should grab it.
Is it still on the table?
Shh! Shh!
Four.
I'd try to sell six.
If you're worried
about a quick verdict,
you'd better go eight.
'Cause they're definitely
sleeping on six.
You have an obligation
to inform your clients
of any offer that's made.
My clients told me
not to even bother them
unless it's eight,
which they still might
say no to.
Six-- with a clock.
One hour.
- I can't believe it!
This is awesome!
- [ Excited Chattering ]
Settle down.
Come on. Quiet.
[ Banner ]
Payable today?
We didn't get that far.
Look, we agreed
after last week
we'd go by majority rule.
We're basically--
What are the numbers?
Well, minus contingency,
plus costs-- around 3.9,
which comes to, uh,
350,000 or so
per person.
[ Banner ]
Well, shouldn't they
be paying more?
Not enough.
I agree.
- [ All Agreeing ]
- Wait a second.
Hold on. Hold on.
I know your desire
to make a statement,
but six million dollars
is not only a lot of money,
it's a huge statement.
This is a total victory.
If they're offering six,
their jury consultants
are telling them something.
- That's good.
I like that.
- That may be true.
But you have to realize
this is still a horrible case
causation-wise.
Now Jimmy has pulled
a rabbit here--
a six-million-dollar rabbit
out of a hat that nobody
gets to dig into.
You have to take it.
It's absolute insanity
not to leap at it.
Jimmy, what do you think?
It's a crapshoot.
But I've been
spending a lot of time
with you people.
If you settle,
make a deal,
you won't
walk away happy.
You didn't come here
looking to get a handshake.
You came to get
a judgment.
Jimmy.
Just a second.
If it's about money,
say yes.
And this is
a lot of money.
But you've been
telling me all along...
this is a fight about
something bigger.
My vote--
tell 'em to stick it.
That advice borders on
malpractice. You can't ignore--
[ Beal ] Hey!
Who are you?
He's our lawyer.
Are we all agreed?
[ All Agreeing ]
Yeah. Uh-huh.
The offer's rejected.
Bobby!
Ever accuse me of malpractice
in front of a client again,
I'll deck you.
I'm tempted to report you
to the bar.
This isn't about them
needing a victory.
It's about you.
It's about
lifting some complex
off of your head.
You can fire me
any time.
Don't think I won't!
Cut it out!
Berluti?
This is private. Beat it.
Fine, but your jury's
coming back.
[ Spectators Murmuring ]
Pretty fast.
You've reached a verdict?
We have, Your Honor.
What say you, Mr. Foreman?
[ Foreman ]
In the matter
of Beal et al...
versus Boston Power
and the Commonwealth
of Massachusetts,
we find in favor
of the defen--
of the plaintiffs...
and order Boston Power
to pay damages in the amount
of $2.6 million.
We further order
the Commonwealth
of Massachusetts...
to pay damages in the amount
of $36 million.
[ Gasping, Muffled Shouting ]
[ Judge ]
Settle down.
[ Laughing ]
[ Gavel Rapping ]
Settle down. Quiet.
[ Gasping, Shouting Continue ]
[ Gavel Raps ]
Settle.
[ Raps Gavel ]
Anyone who doesn't settle
will be removed. Quiet.
Your Honor, we, the defendants,
move for a judgment
notwithstanding the verdict.
The Fairfield power lines
may very well have caused
these people cancer,
but nothing has been
admitted into evidence
to establish it.
The plaintiffs
offered no facts
to prove causation.
I was hoping the jury
would see that.
Since you didn't do your job,
I have to do mine.
Defendants' motion
for J.N.O.V. granted.
I hereby enter judgment
for the defendant.
We're adjourned.
Jury dismissed.
[ Gavel Raps ]
Can-- Can he do that?
[ Spectators Chattering ]
First, your instinct
to reject the offer obviously
turned out to be right.
Second, what you did
in this case...
with-- with what you had,
what you were up against--
it may be the best lawyering
I ever heard tale of.
And that judge can't take
anything away from that,
Jimmy.
Come on.
Let me buy you
something to eat.
I-- I got plans.
Well, I didn't
wanna win anyway.
I'm so used to being
a martyr by now,
this whole thing would've
put me back in therapy.
[ Beal ]
We're gonna appeal.
It's not over, right?
Jimmy,
we'll appeal, right?
Yes. We will.
[ Rogers ]
The case will get
more attention this way.
It couldn't be better
for public awareness.
When they read that verdict,
I just saw a big boat.
[ All Laughing ]
How can you all be laughing?
Cheer up, Jimmy.
We got the verdict,
and that's what we wanted.
Oh, let him
be depressed, David.
He's the one that has
to live with this
the longest.
[ All Laughing ]
Jimmy, hey.
How come
you're here so late?
I'm just, uh,
catchin' up
on some things.
You're crying.
Oh, no. I, uh--
Maybe a little.
They're okay, Lindsay.
I just came from them.
They're doin'
pretty good.
That's good.
What?
I was crying for you, Jimmy.
You deserved--
I'm okay too.
You know, I spend
half my time wondering
why I ever became a lawyer.
You? But you're so good.
The work can be
so dirty sometimes.
But this trial--
You reminded me
how noble lawyers can be.
I was proud
to be at your side.
Thank you.
And this, um--
You-- You should
be celebrating tonight.
Yeah.
[ Crying ]
[ Woman ]
You stinker!