Seawright was monitoring the settlement gossip. His clerks scoured the financial press and watched the serious bloggers. Varrick Labs had issued no formal statement regarding settlement, but it was obvious the company knew how to leak. Its share price dipped as low as $24.50, but the buzz about a massive settlement had moved it back to $30.00.
When the two packs of lawyers were in place, Judge Seawright assumed the bench and welcomed everyone. He apologized for calling the hearing in August—“the most difficult month of the year for busy people”—but he felt strongly that the two sides should get together before everyone scattered. He quickly went through his discovery checklist to make sure both sides were behaving. There were no complaints.
Jerry Alisandros and Nadine Karros were so polite to each other it was almost silly. Wally sat to Jerry’s right, as if he would be the go-to guy in a courtroom brawl. Behind him, and wedged among a group of Zell & Potter lawyers, were David and Oscar. Since the shooting and the publicity, Oscar was getting out more, enjoying the attention. He was also smiling and already considered himself a bachelor.
Changing subjects, Judge Seawright said, “I’m hearing a lot of chatter about a settlement, one big global settlement, as they’re called these days in this business. I want to know what’s going on. As fast as this particular case has come together, it is now in a posture to be placed on my trial calendar. However, if a settlement is likely, then why bother? Can you shed any light on this issue, Ms. Karros?”
She stood, all eyes on her, and took a few elegant steps to the podium. “Your Honor, as you probably know, Varrick Labs has been involved in a number of complicated lawsuits, and the company has its own way of approaching a settlement that involves many plaintiffs. I have not been authorized to initiate negotiations in the Klopeck case, nor have I been authorized by my client to make public statements on the issue of settlement. As far as I’m concerned, we are preparing for trial.”
“Fair enough. Mr. Alisandros?”
They exchanged places at the podium, and Jerry offered up a sappy smile. “Likewise, Your Honor, we are preparing for trial in this case. However, I must say that I, as a member of the Plaintiffs’ Litigation Committee, have had several informal and quite preliminary conversations with the company regarding a global settlement. I believe Ms. Karros is aware that these conversations are taking place, but, as she said, she has not been authorized to discuss them. I don’t represent Varrick so I am not burdened with such constraints. However, the company has not requested that I remain silent about our discussions. In addition, Your Honor, if we reach the point of formal negotiations, I doubt that Ms. Karros will be involved. I know from prior experience that Varrick handles these in-house.”
“Do you anticipate formal negotiations?” asked Seawright.
There was a long pause as many held their breath. Nadine Karros managed to look curious, though she had a clear view of the big picture. No one else in the courtroom did. Wally’s heart was racing as he tasted the words “formal negotiations.”
Jerry shifted weight a few times, then finally said, “Judge, I don’t want to get quoted, so I’ll go the safe route and say that I’m not sure.”
“So you, and Ms. Karros, cannot give me any guidance on the issue of settlement?” Seawright said with a hint of frustration.
Both lawyers shook their heads. Nadine knew damn well the case wouldn’t be settled. Jerry was almost positive that it would. Neither, though, could play his or her hand. And, truthfully and ethically, the judge did not have the right to know their strategies outside the courtroom. His job was to referee a fair trial, not monitor settlements.
Jerry returned to his seat, and Judge Seawright changed subjects again. “I’m looking at October 17, a Monday, as a trial date. I anticipate the trial will last no longer than two weeks.” A dozen lawyers were instantly looking at their calendars, all frowning.
“If you have a conflict, it had better be a good one,” he said. “Mr. Alisandros?”
Jerry stood slowly, holding a small leather appointment book. “Well, Judge, that would mean that we’re going to trial ten months after the lawsuit was filed. That’s pretty quick, don’t you think?”
“Indeed it is, Mr. Alisandros. Eleven months is about my average. I don’t allow my cases to grow stale. What’s your conflict?”
“No conflict, Judge, but I’m more concerned with having sufficient time to prepare. That’s all.”
“Hogwash. Discovery is almost complete. You have your experts. The defendant has its experts. God knows both sides have enough legal talent. October 17 is sixty-eight days away. That should be a piece of cake for a litigator of your reputation, Mr. Alisandros.”
What a show, thought Wally. This case, and all the others, would be settled in a month.
“What about the defense, Ms. Karros?” Seawright asked.
“We have some conflicts, Your Honor,” she said. “But nothing that we cannot work around.”
“Very well. The case of Klopeck versus Varrick Labs is hereby set for jury trial on October 17. Pending a disaster, there will be no delays, no continuances, so don’t even bother to ask.” He tapped his gavel on the bench and said, “Court’s adjourned. Thank you.”
CHAPTER 31
News of the trial date swept through the financial press and was all over the Internet. The story was spun various ways, but in general it looked as though Varrick was being frog-marched into a federal courtroom to answer for its multitude of sins. Reuben Massey did not care how the story was told, nor did he care what the public thought at that moment. To the tort bar, it was important to react as if his company was shaken and frightened. He understood trial lawyers.
Three days after the hearing in Chicago, Nicholas Walker phoned Jerry Alisandros and suggested they arrange a secret meeting between the company and the biggest tort firms involved with Krayoxx. The purpose of the meeting would be to throw open the door to full-scale negotiations. Alisandros jumped at the idea and gravely vowed total silence. From the twenty or so years he’d been dealing with trial lawyers, Nicholas knew the meeting would not be a secret because one (or more) of the lawyers would tip the press.
The following day, a blurb in the Wall Street Journal reported that Cymbol, Varrick’s principal insurance company, had been put on notice by the company that its reserve fund was about to be activated. Citing an anonymous source, the story went on to speculate that the only reason for such an action was to settle its “Krayoxx mess.” Other leaks followed, and the bloggers were soon declaring another victory for consumers.
Since every trial lawyer worth his salt owned his own jet, the destination was no problem. With New York City deserted in August, Nicholas Walker secured a large meeting room on the fortieth floor of a half-empty midtown hotel. Many of the trial lawyers were out of the office, off somewhere dodging the heat, but not a single invitation was declined. A large settlement was far more important than a few days of vacation. When they convened, eight days after Judge Seawright set the date for the first trial, there were the six members of the Plaintiffs’ Litigation Committee, plus another thirty trial lawyers, each with thousands of Krayoxx cases. Those as insignificant as Wally Figg did not even know of the meeting.
Large young men in dark suits guarded the door to the meeting room and checked credentials. After a quick breakfast the first morning, Nicholas Walker welcomed everyone as if they were all salesmen for the same company. He even cracked a joke and got a laugh, but just under the surface there was tension. An avalanche of money was about to be unleashed, and the lawyers in the room were seasoned brawlers, ready for hand-to-hand combat.