A Civil Action Page #2

if one was on.

I'd make sure everyone knew not

to disturb me during that hour.

Because that would be my time -

my own private time,

which no-one, if they had any sense

of self-preservation,

would dare interrupt.

If I were you.

I'm sorry.

Jesus.

Jesus!

Jesus...

Mr Facher, it's Bill Cheeseman -

Foley, Hoag and Elliot.

We represent New York Grace.

How you doing?

Well, all right, I guess,

under the circumstances.

What circumstances are those?

Woburn - these outrageous charges.

This bloodsucking

ambulance chaser, Schlichtmann.

Who?

We're co-defendants in a lawsuit,

Mr Facher, a very serious lawsuit.

- What?

- What is that thumping?

Yeah, well, it's gone now.

It was driving me crazy!

I was wondering

if I could talk to you.

- Could we meet for a drink or...

- What's on your mind?

I'll tell you what I'm thinking.

- Are you familiar with Rule 11?

- With what?

Rule 11, a civil provision

to prevent frivolous and

irresponsible lawsuits like this,

and sanction quite severely

those who file them.

Mr...Cheeseman. Cheeseman, is it?

Mr Cheeseman. What is a fine?

You get fined,

you pay it and carry on.

If you're gonna knock a guy down,

do it so he can't get up again.

What are you looking for

with this suit?

Obviously, we're seeking

compensation for the families

and punitive damages for wilful

negligence by these companies.

But is that what

this is about - money?

- No.

- Is that what matters most?

- No.

- It's about this.

And this.

And this.

Yeah.

Yeah, I know, we have

no feelings, no compassion,

no empathy for

our clients' suffering.

Can I say something?

What does that

have to do with anything?

The lawyer who shares

his client's pain

does his client

such a grave disservice

he should have his licence

to practise taken away.

It clouds his judgement,

and that's as useful

as a doctor

who's frightened of blood.

All rise.

This court is now in session.

The Honourable

Walter J Skinner presiding.

Is this the only case?

This is a lot of lawyers.

Sit down.

You're looking well.

The Red Sox must be in first place.

Roger Clemens

is the answer to my prayers.

You have some interest in this case?

I'm a co-defendant, but it's not

my motion. It's Foley-Hoag's.

- And that motion?

- Your Honour.

- I'm Jan Schlichtmann.

- I know. Sit down.

The matter before us seems simple.

- Your Honour, it isn't.

- May I hear it?

The intention here is to place me

under a cloud of impropriety.

- Really?

- Yes. What they're saying

is that they know law and I don't,

they're real lawyers and I'm not.

They're just trying to humiliate me.

You are a personal injury lawyer,

aren't you? I think you'll survive.

- See? It's starting already.

- No, you've started already.

I'm on the defensive,

they're the defendants.

Do you think

I might hear this motion

before You explain to ME

what it's really about?

- Of course.

- Thank you.

Now, Mr...Cheeseman, is it?

Your motion to dismiss

is based on?

Rule 11, Your Honour.

Specifically that Mr Schlichtmann had

no evidential grounds

on which to bring this suit -

only his knowledge that W.R. Grace

Corporation has a lot of money.

Not true.

He performed no real investigation,

did no research of any consequence,

except perhaps

to review profit statements.

And he's prepared his complaint

so inexpertly as to render it moot.

- All untrue.

- Do you know what Rule 11 is?

To be honest, Your Honour,

I had to look it up.

I'll be honest, so did l.

Do you know why, Mr Cheeseman?

Because it is so old and ambiguous

few lawyers

waste their time with it, or mine.

It's a non-issue, Mr Cheeseman.

Your motion is denied. Thank you.

Thank you.

- Anything else?

- No, Your Honour.

Set a trial date.

Excuse me, Mr Facher.

I'd like to thank you.

That was very statesman-like of you

not to join that ridiculous attack.

You're welcome.

We have to show how

the toxic solvents these factories

dumped on the land there,

were drawn into the city wells here

and Well H over there,

and then pumped

into east Woburn homes.

So I'll need to inspect

and map the debris,

drill some monitoring wells,

conduct seismic tests, and so on.

And you're talking about you

and a couple of assistants?

No. I mean a team of

geologists and engineers.

- A team?

- A big team.

It's actually quite exciting.

The nature of the contour

here means there's an effect -

named after me, actually...

In the shop, Mr Roberts,

you used solvents to clean brushes?

What would you've done with that

stuff back in the 1970s and '80s?

- Used solvent? Put it in drums.

- 35-gallon drums?

What would you do with full drums?

- Don't know.

- They just went?

- Never noticed.

- Did you dump them?

- No.

- Nothing like that?

- Never noticed anyone who did?

- No.

Just disappeared...

What were your duties

at Grace, Mr Shalline?

Discharge to the drains. Be sure

we weren't polluting the air.

Then you know that chemicals

were deposited behind the plant?

I don't know that.

Six barrels of toxic waste

were found there in a pit

and exhumed by city inspectors.

- You didn't know?

- Nope.

Back in 1965 did you

clean metal parts with solvent?

Yes.

- What kind?

- That I couldn't say.

Did you ever notice

the name trichlorethylene or TCE?

I don't know.

But you'd put it in barrels

when you were finished, right?

Yes.

Did you ever see

what happened to these barrels?

Yes.

What was that?

- They get dumped.

- Where?

- Out back, in the ground.

- You saw this?

Yes.

- When?

- My coffee break.

I would go out and hit

nine-iron shots with golf balls.

Do you want a break?

- Do you need a break?

- No.

Did you see who was dumping

the stuff while hitting golf balls?

- What do you mean?

- The names of people.

He wants to tell us.

He won't tell us.

He has to work there.

But he lives near Anne Anderson.

He sees her every day.

- Mr Love, do you have any children?

- Yes, I do.

- Eight of them.

- Eight?

My goodness! That's quite a family.

What do you think

of the water in Woburn?

Now? It's all right.

What about then, 15 years ago?

It had an odour then.

Chlorine or something.

- Did you drink it?

- Yeah.

- The kids?

- Yes.

Were you concerned when you found

the wells were contaminated?

I object to that.

You don't have to answer that.

- Yeah, I was concerned.

- For your family?

Yes.

Has any member of your family

had any unusual illness?

You don't have to answer

any of these type of questions.

- Yeah.

- What kind?

One of my sons has seizures,

my eldest daughter

has had two miscarriages

and my youngest was born with...

Are we going to go through

their entire medical history?

If you don't want to hear, leave.

What's wrong? We're deposing

Grace employees, not Beatrice.

- I have a right to be here.

- Then sit down and shut up!

Mr Love,

are you aware that some of your

neighbours have had leukaemia?

Yes, I am.

They think it's the water.

Al, that water

hasn't made anybody sick.

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