Drop Dead Diva s04e08 Episode Script
Road Trip
See that aspiring model there? That was me Deb until the day I died.
I thought I'd go straight to heaven, but there was a bit of a mix-up and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel, Luke.
I used to think everything happened for a reason Whoo! and, well, I sure hope I was right.
Drop Dead Diva 4x08 - Road Trip Original air date July 22, 2012 Jane! Aah! Sweetie, you scared me.
What is this? It's my plane ticket.
I know.
I found it next to your purse.
Okay, in your purse.
I was looking for gum.
Uh, anyway, the point is the last time you had a personal problem, you ran away to Italy.
And I know you're sad about Owen, but moving to Palo Alto is not the answer.
I mean, where is that, anyway? Brazil? No, that's Sao Paulo.
Palo Alto is near San Jose.
Hmm.
California.
Mm.
Anyway Grayson and I are giving a lecture at Stanford Law, where Jane got her degree.
One of her old professors has invited us to discuss Stop! Whatever you're gonna say, I'm not gonna understand it.
Just tell me you will be home by 4:00.
Uh, my flight gets in at 7:00.
- No, no.
- What? You said you would go dress shopping with me today for the Hollywood small business association dinner.
It is the Never go dress shopping the day before.
You taught me that.
That's true.
Oh, I'll get it.
Mm.
And I'm going to get dressed.
But, Jane, just come home early.
Okay.
I-I'll do my best.
Good morning.
Oh, it's you.
You were expecting? Grayson.
We are headed to Stanford law school.
I know.
When's our plane leave? You are not going with us.
You don't even work in the firm anymore.
- Hey, I'm still your guardian angel.
- Mm-hmm.
I can't just sit home all day watching "Pawn Stars.
" Or can I? Actually, I do need your help with something.
While I'm gone, please take Stacy dress shopping for her awards dinner.
Why would I do that? "A," you actually have really great taste, which we both know is because of your collection of GQ magazines and your obsession with Ryan Gosling.
That's true, but and, "B," since you are no longer at the office, you can only spy on me at home.
So here's the deal.
You don't help Stacy shop, and I will tell her that you hate Taylor Swift.
She'll never let you in this house again.
Nicely played.
Oh.
You know what? I forgot my earrings, so be an angel and get the door.
Hey.
Luke.
What are you doing here? I came by to collect rent.
Right.
The landlord.
Is she ready? Almost.
Oh, looking sharp.
New suit? I don't know.
You know, maybe the tie.
GQ, march 2012, "pastels turn a business trip into a pleasure fest.
" So, what exactly do you have planned for your little jaunt up north? I don't know.
I figured I'd just Spend time alone with Jane? That's really none of your business.
Jane's terrific, but her fiancé just left her.
You don't want to be the rebound guy.
Right now, she just needs a friend.
My two cents.
Professor Kent.
Professor Bingum.
Cannot believe we're teaching a class with Ellen Daily.
The woman literally wrote the book on torts.
Wow.
She must have been an amazing teacher.
Oh, yeah.
Uh, she was unforgettable.
We don't want to miss our flight, so Right.
Have fun.
Okay.
But not too much fun.
Hey.
How's my favorite creditor? So far, so good.
Fueling up for the day? No, I have a client in my office Marty Saddler.
He's a successful entrepreneur.
What's his business? He's well-diversified, but today, he's here about his gourmet-food trucks.
Hmm.
Someone choke on a chimichanga? Ha ha.
No.
One of his trucks hit a man in a wheelchair crossing a street.
Is he okay? Yeah, a few cuts and scratches.
It's a glorified nuisance case, but it needs to be handled properly.
Got it.
Marty Saddler, Jay Parker.
- Hi.
I'm the managing partner.
Welcome.
- Thank you.
Gina's got me up to speed, and, uh, you know, I have a thought.
Hey, Kim, will you join us for a second? Kim Kaswell, meet Marty Saddler.
Nice to meet you.
Nice to meet you.
Kim is one of our top litigators.
- I'd like you to back up Gina in this case.
- Oh.
Oh, no, I appreciate the help, but we don't plan to go to trial.
I want to settle.
Well, all the better.
Kim will put the fear of God in the other side.
Fear of God sounds good to me.
Boom! Instant dream team.
The judge ruled that the defendant had been acting as a business adviser, not a lawyer.
And the jury awarded us seven figures.
There it is.
Dispatches from the real world.
So, Ms.
Bingum, your case turned on attorney-client privilege.
- Yes.
- Would you please recite the other common exceptions to the privilege? You have 10 seconds.
Okay.
Okay.
Um, um, well, there's the crime-fraud exception, overheard public conversations, suing a lawyer for malpractice, and production of privileged documents during disclosure.
- Aah! - And? Oh.
And disclosure to a third party.
Yes.
Well done.
Class, thank our guests.
Oh, thank you.
Thank you.
Thank you so much for coming.
It was our pleasure.
Janie, how does it feel to be back at campus? Uh, um, like I am here for the first time, actually.
Professor Daily, excuse me.
I'm very sorry to interrupt.
My adviser called in sick.
This is Veronika.
She volunteers at our legal clinic.
It's where our students try real cases with oversight by licensed attorneys.
My client is owed hundreds of dollars in back wages.
Her baby's ill, and she needs the money.
Can you please stand in? I'm teaching all afternoon.
But you happen to be in the presence of a distinguished alumna of the clinical program.
Oh, me.
Me? Yes, me.
Yes.
It's a simple case.
You know, I-I would, but we have to catch a flight.
I can book us on a later one.
Oh.
Well, great.
Then, uh, we would be happy to help.
Thank you.
I don't like Gina.
Oh, Teri, you don't like anyone.
Yeah, this is different.
At my old firm, my boss was on the partner track, and then Gina showed up.
Six weeks later, she had poached all of her clients, taken her promotion, and got her fired.
Well, that happens at big firms.
Kim, she gave Sandra a nervous breakdown.
She now lives at home with her mother, and they watch "Law & Order" all day long.
Wow.
Okay.
This is bad.
- Here's what I need you to do.
- Name it.
Shut the door on your way out.
Alison works for Eastbay Semiconductor.
Impressive.
Oh, I'm a glorified janitor.
I just inspect silicon wafers in the clean room.
The company won't pay her the overtime she's due.
They're claiming that she's an independent contractor.
Yeah, claiming full-time employees as independent contractors is just a sneaky way to avoid paying overtime.
But the judge will see right through it.
Veronika will make sure.
Sorry.
Oh.
Had to take the day off work and can't afford a babysitter.
That's okay.
It'll only make us look more sympathetic in court.
Uh, Your Honor, turning your attention to plaintiff's exhibit 4, you'll see the, um you'll see the hours and the days that my client worked in May.
And after May comes June.
We know.
Can we wrap up the show-and-tell? Uh, under court rules, I have the right to present documentary evidence.
And if you add up all of the hours in May Excuse me, Your Honor? Yes, can I help you? - We have an arrest warrant for Alison Thomas.
- Veronika? Excuse me.
What are the charges? Aggravated assault and endangering the welfare of her child.
Officer, I'd like to see the warrant.
What? What are they talking about? You need to give us the child and come with us.
No, no.
I didn't do anything.
I'm not gonna ask you again.
Alison, um, give William to me.
No.
It's okay.
Here.
It's okay.
It's okay.
Alison Thomas, you have the right to remain silent.
Anything that you say can and will be used against you in the court of law.
- No.
No, no.
Don't take my baby.
- It's okay.
Don't.
Stop! Don't give my baby away.
Ma'am.
My baby! My baby! Don't let them take my baby! I would never hurt my baby.
The only reason I'm suing Eastbay is because I need that money to pay his medical bills.
Alison, what's wrong with him? He passes out in my arms, in the crib.
It's so scary.
A-and the doctors they they don't know why.
What happens now? Okay, I'm going to represent you on criminal charges, and then Ms.
Bingum has agreed to continue supervising me.
Until a substitute can be found.
Oh, Grayson.
All right, I spoke with the lead Detective.
The police were called by Eastbay's on-site daycare.
A supervisor claimed William showed symptoms of shaken-baby syndrome.
No, no! That's that's not possible.
Okay, the police are holding him pending the results of his medical examination tomorrow morning.
And, uh, Alison, you'll be released on your own recognizance.
I-I-I need to see him.
He he's still breast-feeding.
Okay, well, we'll arrange for supervised visits.
We'll need to talk to the doctor who's examining William.
We have a consult tomorrow, 10:00 A.
M.
I'll, uh, push our flights back, get us some hotel rooms.
Oh, locals hotels are booked for the Appworld convention.
You guys can stay at his place if you want.
Okay.
Too casual.
Too formal.
Ugh.
Too much.
Ooh.
Do you think the neckline is too plungey? What? It's a simple question.
It was a simple question six hours ago.
you've done something I didn't think was possible.
You've made cleavage boring.
Maybe I should go sleeveless.
And I'm done.
Why? Oh, wait, wait.
It's a text from Jane.
Oh, no.
She's not sure when she's coming back.
But she's my date for the Hollywood small business awards dinner.
What am I gonna do? Ooh.
Another text.
She says you're my date.
I don't think that's what she meant.
I think she also says to ask you about Taylor Swift.
I have the perfect suit.
Ugh.
Wow.
I feel like I'm back in school.
You bring all the girls up here to study? Only the cool chicks.
Oh.
Now, this takes me back.
Beer? Sure.
Why not? You can take the guy out of Sigma Chi.
Cheers.
Cheers.
I'm glad we stayed.
Yeah.
I imagine you could use a change of scenery.
Yeah.
You know, for what it's worth I think Owen's made the biggest mistake of his life.
Don't start being nice to me 'Cause I'm about this close to tears, and you don't want to deal with that.
I think you're doing fine.
I guess it's I guess it's kind of getting late.
Yeah.
Yeah, it is.
Um I'll take the futon.
Great.
Hey, Grayson.
Thanks.
The baby's symptoms are similar to shaken-baby syndrome, but we've ruled out any form of abuse.
That's good news.
Your child is suffering from blood toxicity specifically, high levels of methanol.
Methanol? A compound commonly found in high-test fuels, paint removers and industrial cleaning solvents.
That's right.
Alison, how would William have come into contact with methanol? It's one of the solvents we use in the cleaning room, but William's never been in there.
You likely inhaled trace amounts over time.
It builds up in your system.
It was transferred through your breast milk.
Oh, God.
The effects should be reversible, but he'll require extensive treatments.
I did this to him.
No, no, no, no.
This is not your fault.
Alison, did Eastbay warn you about this? No.
I would never put my child at risk.
Okay, okay.
Then they're gonna pay.
Okay, I'm ready.
Let's get started.
Mr.
Patton, we should probably wait for your lawyer.
Some guy who's gonna take a third of my payday? No, thank you.
Okay, well, we, uh, received your $1 million demand.
How did you come up with this figure? Hmm.
Let's see.
I came to it when I got hit by your client's gourmet-freaking-food truck.
Your medical bills are less than $800.
Documented emotional distress.
According to Dr.
Lacert, a well-known plaintiff's physician whose nickname is "Dr.
Full Of Crap.
" Anything else? Well, there's lost wages.
Except you are unemployed.
Look, cards on the table.
This is a $5,000 case, $10,000 tops.
So how much to make you go away? Hmm.
- Well, I'm willing to negotiate.
- That's great.
- Half a mil, and we all go home happy.
- Okay, you know what? Why don't you go home and, uh, call us when you're serious.
Oh, Ms.
Kaswell, this is my serious face.
And when I wheel myself into court and describe how I was in a clearly-marked crosswalk when I was thrown from my chair and nearly crushed to death by a 6-ton truck, the jury will be awarding some serious coin.
You trying to intimidate us? I'm very good with tears.
I can cry on cue.
Okay, I think we understand each other.
Let us take the $500,000 to our client.
- Now I want $600,000.
- You're kidding.
Actually, I came here to settle, but forget it.
I want my day in court.
Have a nice day, Ms.
Kaswell.
My client wanted to settle.
You know what? I'm sure Warren will go home and come to his senses.
It's all part of the process.
I can see why this firm is having financial problems.
Oh, Professor, I'm so glad we caught you.
Ms.
Bingum, Ms.
Kramer.
Our simple court appearance got a little complicated.
Toxicology confirmed high levels of methanol in my client's breast milk.
We're suing her employer for injuries to her son.
It's definitely gonna be an uphill battle, - but since toxic torts are your expertise, we thought - Stop.
I can't discuss this case with you.
Professor, we need your help.
Oh, my God.
Did Eastbay hire you to represent them? Yes, they did.
And, as you said, this is my area of expertise.
I look forward to seeing you in court.
Your Honor, we're not even the right venue.
Employee injury is a matter for the workers' comp board.
Yesterday, Eastbay was in court insisting that Alison Thomas is not an employee, but an independent contractor.
They can't have it both ways.
Collateral estoppel.
Collateral estoppel.
Even if that is the case, Your Honor, prop 65 warnings at the facility alert workers to the presence of potentially-toxic chemicals.
Ms.
Thomas assumed the risk.
Maybe so, but But but what? But But the mere presence of a sign does not insulate from liability Kohn v.
Badger, Inc.
Plus, the baby is our plaintiff.
Any waiver by Alison cannot be imputed to her son.
In Martin v.
Cincinnati Gas, the employer was found not liable when an employee took home asbestos on his clothing, thus sickening his child.
I believe the same principle exists here.
Ms.
Bingum.
Um Yes, in Olivo v.
Owens-Illinois, the court did find liability because the harm to a relative was deemed foreseeable.
Good point.
Motion for summary judgment denied.
We're going to need several weeks to prepare for court, Your Honor.
Uh, Your Honor, not to rush the court, but Mr.
Kent and I were just up here visiting, and Well, it's gratifying to see practicing lawyers volunteering their time.
Well, thank you, and happy to do it.
And I'm happy to accelerate these proceedings.
We'll start this afternoon.
Okay.
I'm so sorry.
I-I completely froze.
Oh, it happens to all of us.
Hey, we survived summary judgment.
That's all that matters.
We have a lot of work.
Hey, Grayson, could you line up an expert witness? I'm on it.
Veronika, we're gonna need a work space.
How's a cubicle at the law clinic? Great.
I think I'm gonna contact Eastbay's child-care services, see if any other employee's child suffered from methanol poisoning.
You want to know if Eastbay was put on notice.
Exactly.
Let's get to work.
Hey.
You wanted to see me? Yeah.
We have a problem.
I spoke with Warren.
He will not reconsider.
He wants to go to trial.
Okay.
Uh, we'll go to trial.
I mean, wheelchair or not, the guy's high if he thinks the jury's gonna award him anything close to what he's asking.
No, Kim, my client wanted to settle.
You went against his wishes and my orders.
- Excuse me? - Look, trial's not an option.
Marty's ex-wife is threatening to reopen their divorce.
And if he has to turn over his finances as part of discovery, it becomes public record, and his ex-wife has access.
Which would obviously be a disaster for Marty.
Well, it would have been nice to know this before our settlement conference.
I don't have to explain myself to you.
Okay.
I will try to get the case dismissed pre-discovery.
That way, no financials exchange hands.
Good.
Teri, I need you to Find grounds to get your case dismissed before it goes to trial? - How do you know that? - Thank you, intercom system.
But that's not important right now.
Oh, that Gina.
She is lovely, isn't she? Uh look, I need you to go over every detail of this case.
Was the walk light on the Fritz? Was there a tree obscuring the driver's view? Anything you can get to discredit Warren's story.
I'm all over it.
Thanks.
Veronika.
Hey, Jane, you got to see what I found.
Wow.
I was president.
Yeah, first female president.
That's pretty cool.
Wow, you haven't changed at all.
Well, to be honest, I feel like a completely different person With much better hair.
I didn't you know, I just found the right products.
How did it go at Eastbay? I talked to their child-care supervisor.
A few years ago, they had an employee named Claudia Dawson.
Her child died from shaken-baby syndrome.
Now, it might not be related to methanol.
But nonetheless, I'm having Teri track her down.
So, any luck finding an expert witness? Everyone I called has already been retained by Eastbay.
Classic strategy for a deep-pocket defendant.
But I'm working on a list of second-tier candidates.
Good, good.
So, our strategy is We hope for a last-minute settlement, but we are prepared to go all the way to verdict.
Okay.
Members of the small business association, honored guests, your majesty, I'm grateful to - Spaghetti and meatballs.
- What? I want to eat, and I'm thinking Italian.
Ugh! I asked you to come over here and listen to me rehearse my acceptance speech, and then we can go to lunch.
Forget rehearsal.
A good speech is just like good sex spontaneous and performed in front of a live audience.
- Ugh.
- Stacy.
I think you're taking this award too seriously.
It's just a silly dinner.
Nope.
For the first time in my life, I am being recognized for something I did with my brain and my hot box.
It's what my grandma calls the oven.
Anyway, you don't have to understand, but you don't have to be mean.
And you definitely don't have to go.
I had no idea why William was sick.
Methanol was a complete surprise.
What is William's prognosis? I'm hopeful, but it will be years before we know if any damage is permanent.
Thank you, Alison.
Ms.
Thomas, your your power was cut off in June.
Yes, I-I missed a payment.
So for a week, you cooked on a camping stove.
Did you know that it burns methanol fuel? No.
Who's Michael Lurie? My boyfriend.
A mechanic who works with antifreeze.
Did you know that it contains methanol? Plaintiff stipulates to living in the real world, which puts her in contact with trace amounts of methanol.
There's no point to this badgering.
My point is that Eastbay semiconductors is merely one possible source of methanol exposure.
And you've made it.
Move on.
Being a single parent isn't easy, is it? Money is tight.
Constant stress, enormous responsibilities.
Everybody has their own struggles.
Did it ever occur to you to simplify your struggles with methanol? Objection.
The implication is offensive.
What are you saying? Would life be easier without your child? Your Honor! A-are you saying I poisoned my baby? Alison, you do not have to answer.
Who the hell do you think you are?! Well, we all get upset, impulsive, lose our temper.
I mean, look at yourself right now.
That's enough.
Is this really necessary? Yes, because when I went to interview the food-truck driver, I got the security video from the Cash4Gold place across from the truck lot.
There is your guy.
What's he doing? Why's he stopping in the middle of the road? Because he knows he hit his mark.
That is the truck's blind spot.
Now watch this.
Oh, my God.
He staged the accident.
Oh, yeah.
There's more.
Pay attention to the food trucks in the background.
I scanned two weeks of footage.
Only one truck ever left that lot, and Marty claims he makes $1 million annually from his fleet.
So how do they make all that money if the trucks never go anywhere? That is a good question.
And another thing Marty said he didn't want to go to court because he didn't want his ex-wife to reopen the divorce.
But his marriage was annulled.
So there's no settlement to reopen.
Exactly.
So why is he afraid of court? Dandelion salad.
Who knew you could eat a weed? According to the food channel, urban foraging is the next big thing.
Oh, it's pretty good.
But I'm out when it's trendy to eat bugs.
Oh, hey, good news.
Teri found Claudia Dawson.
Oh, the woman from Eastbay whose daughter was diagnosed with shaken baby? Yes.
She's agreed to meet with us.
Oh, great.
Hey.
Sorry I'm late.
But get this after court, Professor Daily came to see me at the clinic with a settlement offer.
$10,000.
And they'll cover William under the company's group health policy.
- That's, uh that's a start.
- Yeah.
A start? Well, it's way too little.
But it does show that they are willing to talk.
- Yeah.
- So, good work.
We'll just craft up a response.
No.
You don't get it.
It's done.
- What's done? - I accepted the offer.
Professor Daily put a clock on it.
What was I supposed to do? You come talk to us.
We we discuss it.
You said our goal was a last-minute settlement.
I got Alison to sign.
Can we get out of it? It's nearly impossible if it's signed, which it is.
We were getting hammered in court.
It was day one.
Day one.
This case was far from over, and you just gave it away.
I'm so sorry.
I-I didn't know.
Yeah, you didn't know, and that is why Professor Daily came to you while we were not around.
How do you not see that? Jane.
I said I'm sorry.
Veronika.
Hey, Jane.
How's it going? I owe you an apology.
No, you don't.
I was outplayed by Professor No, it was my job to stop her, and I let you down.
I'm sorry.
I got Alison to sign the deal, and now it's over.
Maybe not.
Last night, I-I kept going over the agreement.
Now, you made some changes in here, right? Well, I got Daily to go from $9,000 to $10,000.
Big whoop.
Actually, it is a big whoop.
So big, in fact, that you're going to miss class this morning, because we have a meeting with the judge.
Your Honor, defense counsel intimidated Veronika into accepting a deal.
- I beg your pardon.
- Basic classroom dynamics.
The Professor is literally the woman who wrote the book.
You know what this reminds me of? When I was a struggling model and I was waiting tables at swingers, guess who sat in my section.
Guess.
It was someone big.
Madeleine Albright.
Close.
No.
Heidi Klum.
I worshipped her.
I messed up her order three times because she intimidated me with her long neck and perfect teeth.
I fail to see the relevance.
Then you're not looking hard enough.
See, Professor Daily doesn't spend time at the legal clinic, so she may not be familiar with the state bar rule 3.
6(B)(5).
Veronika.
Students can negotiate agreements but cannot draft them without having their supervising attorney approve their work.
But a student didn't draft it.
I did.
Oh, sure.
Most of it Except here, here, and here.
It's Veronika's handwriting.
Yeah, but those are cosmetic.
Well, like I always say, never underestimate the power of cosmetics.
Did you approve those changes? I did not.
I'm afraid Ms.
Bingum is correct.
I'm tossing the agreement.
The trial is back on.
Thank you.
Teri.
Are you sure she's gone? Gina has a 4:00 P.
M.
waxing, and she missed her last two appointments.
It's gonna be a while.
Did you find anything? Marty's corporate tax returns.
Holdings include food, trucks, car washes, and laundromats.
All cash businesses.
Yeah.
Interesting, right? Yeah.
I have to talk to Parker.
Kim, I want to get rid of this woman.
Teri, for once, you and I are on the same page.
Stacy Barrett.
I'm nominated for best new business, perishables.
Congratulations.
You won.
Here's your drink coupon.
What? I won? Well, do the other nominees know? Everyone's a winner, sweetheart.
Wow.
That's a lot of speeches.
Listen, sunshine, this ain't the Oscars.
It's appetizers with local business owners, networking.
And I wouldn't dawdle if I were you.
Ike from Keys 'r Us can sock away those egg rolls.
Marty's diverse holdings are cash businesses, but they're basically dormant.
Any profits? What do you think? So we're looking at classic money laundering.
He cleans dirty cash by declaring it as income for legit businesses.
That's why he's afraid of trial.
Open his books, and his criminal activity is exposed.
- Have you confronted Gina? - Are you crazy? She knows exactly what he's doing.
That's why she advised him to pay half a million dollars to settle a nuisance suit out of court.
Look, the firm needs to withdraw from representing Marty immediately.
You know that's almost impossible once a case is under way.
And if we did, Marty and Gina would know that we're onto them.
Well, what do you suggest? Once Warren drops the case against Marty, I'll find a way to get rid of Ginaquietly.
All right.
Just don't wait too long or we all look dirty.
Did I miss your speech? Hi.
There were no speeches.
You were right.
It's just a stupid event.
No, the only thing I got was a drink coupon and a piece of plastic.
I got dressed up for nothing.
Hold on a minute.
Phyllis? Hi.
Lovely name.
Listen, the crowd's getting a little bit restless, and we really want to hear from the winners.
Now, I'm hoping you'll start with Ms.
Barrett.
She's got some inspiring words to share.
Look, dimples, we don't do speeches.
But have another drink coupon.
Soon as I get rid of them, I get to go home.
Wow, Phyllis! I couldn't agree with you more! Best new business, perishables, is a huge honor! And I have had the good fortune to witness Stacy Barrett bring to life a delicious new perishable Out of nothing, other than her own imagination, Stacy has invented the pake a pie and a cake in one dish.
So, Phyllis, I'd like to thank you and the Hollywood small business association for recognizing Stacy.
It's like a dream come true for her.
I was working at Eastbay in their clean room when my doctor said my baby wasn't gaining weight.
Then one night, he stopped moving.
I called 911.
After he died, the police arrested me, said I shook him to death.
They wouldn't even let me go to his funeral.
Ms.
Dawson, I'm sure this is incredibly difficult.
Can I ask was an autopsy performed? Of course.
It wasn't shaken baby.
It was methanol poisoning.
And I didn't understand it.
Then I got a visit from a woman, said she worked for Eastbay, offered me money For my loss.
That's so awful.
I think your story will help our client and her son.
We can prove that the company knew the risks of methanol exposure.
No, I can't say any of this in court.
Why not? I signed an agreement with a confidentiality provision.
Can I see that? Thanks.
Want to guess who Eastbay's lawyer was? Professor Daily.
Following a public disclosure, Claudia would have to refund the entire settlement, plus pay $1 million in liquidated damages.
Claudia, provisions like these are rarely enforceable.
I have three other children.
I can't risk it.
But what about William and Alison? I'm sorry for them.
I can't testify.
Thank you.
Oh, a little late-night caffeine fix? Absolutely.
This one is for you.
Dark roast with vanilla and chocolate.
I used to drink that in law school.
When cramming for finals.
Yeah.
Need a hit.
It's gonna be a really late night.
We need to find another way to prove that Eastbay was on notice about the methanol exposure.
- Whoa! - Wow.
Something in the water up here? Uh Full moon on the quad is Stanford tradition.
Kissing under the full moon.
God, I miss college.
Come on! It's a full moon.
Kiss the girl closest to you.
Actually, we're just Do it.
Kiss her already! Jane.
Jane! I know how to get the jury to hear everything Claudia told us.
How? I found a new witness.
They can't call me as an expert witness.
I'm opposing counsel! Evidence code section 700 except as otherwise provided, no person is disqualified to testify to any matter.
Ms.
Bingum is technically correct, but I warn you, Ms.
Bingum you may not ask anything privileged.
I understand.
We call Professor Daily to the stand, and my co-counsel, Veronika Kramer, will be questioning the witness.
Please state your name.
Ellen Daily.
Ms.
Daily, what is your occupation? I'm your torts Professor.
And you also have a private practice.
And this isn't the first time that you've represented Eastbay, is it? No.
In fact, three years ago, didn't you represent them in settlement negotiations with an employee whose child died after drinking methanol-tainted breast milk? If that were true, it would be privileged.
Now, Professor Daily knows that privilege is waived by disclosure to a third party.
And to which third party did I disclose this information? Every student who's read your book "General principles of tort law.
" On page 108, you write about a settlement between a silicon-wafer company and its employee.
A citation for educational purposes.
No names were used, but the passage includes enough identifying information to qualify as disclosure.
Privilege protects private information, but in her book, Professor Daily makes that information public.
Your Honor, I object to this line of questioning.
Objection overruled.
The witness will answer the question.
Yes, I negotiated that settlement.
Isn't it true that Eastbay was aware that methanol in their clean room sickens the children of nursing mothers? Yes.
And did you advise your client to substitute a safer chemical? Yes.
And did they? Not to my knowledge.
Thank you.
Nothing further, Your Honor.
Ms.
Kaswell, it's gonna be a great day.
I can feel it.
You sure you want to go through with this? I've been counting down the hours.
Warren, before we go in, I think you should take a look at this.
Because I don't think crying on cue is gonna help.
I'll drop the suit.
Yeah, you will.
Oh, before you, uh, roll on out of here, the D.
A.
is gonna want to ask you a few questions.
Nobody likes a fraud.
You're right, Warren it is gonna be a great day.
Kim, you're going in the wrong direction.
Case dismissed.
You're welcome.
Hey, Veronika.
Jane.
Hi.
I just came to say goodbye.
I just spoke with Alison.
Oh.
And with the money we got them, William will get his treatment and Alison's gonna go back to school.
That's amazing, right? That's one word for it.
Professor.
You weren't in class this morning.
I know.
I-I was with our client.
I'm sorry.
Don't be.
Nice work in there, counselor.
I didn't see it coming.
And, Jane, nice to see you again.
Impressive, as always.
Best new business, perishables.
I got a trophy! Congratulations! - I'm proud of you.
- Thank you.
It was an amazing night.
Okay, now, tell me about your trip, but leave out all the boring legal stuff.
Grayson and I almost kissed.
Oh, my God.
I know.
I know.
Hold on.
Wait.
Almost? Okay, so, there was a full moon.
Mm-hmm.
- And at Stanford, there's this kissing tradition.
- Go on.
So, he looked me in the eye, and I swear he was gonna kiss me.
But? But we got interrupted, and then the moment was gone.
Oh, no.
Well, sweetie, there will be another full moon next month, and you can take Grayson back to Stanford and - and try it all over again.
- No.
During this trip, he had every opportunity to make a move.
I mean, we slept in the same room, and we ate at this really romantic restaurant.
And Nothing.
As much as I do I really want Grayson to kiss me it's got to be for a better reason than a full moon.
Mm-hmm.
And I don't think that's ever gonna happen.
Um Will you excuse me? I, uh I forgot that I left my, um, trophy in the car, and and I want you to see it.
Yes! - So I-I'll be right back.
- Okay.
Grayson Kent, what is going on between you and Jane? What? When she came back from Italy, you told me you had feelings for her.
You went to Stanford, you spent three days with her, and now she thinks you'll never be interested.
She said that? Maybe.
Look, right now, I need to be her friend, not the rebound guy.
Ah, normally, I would agree, but I say if you really have feelings for her, go and make your move.
- Hey, you got a minute? - Sure.
There's something I wanted to tell you up at Stanford, but wasn't sure of the timing.
What's that? I've been thinking about this for a long time, - and the thing is - FBI.
Sir, ma'am, I need you in the lobby.
- For what? - Now.
Oh, my Kim.
I don't know.
What's going on? No idea.
Are the offices all clear? Yes, sir.
All right, listen up.
You're all under arrest for violation of the federal Rico act conspiracy to launder money.
The offices of Harrison & Parker are officially closed.
I thought I'd go straight to heaven, but there was a bit of a mix-up and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel, Luke.
I used to think everything happened for a reason Whoo! and, well, I sure hope I was right.
Drop Dead Diva 4x08 - Road Trip Original air date July 22, 2012 Jane! Aah! Sweetie, you scared me.
What is this? It's my plane ticket.
I know.
I found it next to your purse.
Okay, in your purse.
I was looking for gum.
Uh, anyway, the point is the last time you had a personal problem, you ran away to Italy.
And I know you're sad about Owen, but moving to Palo Alto is not the answer.
I mean, where is that, anyway? Brazil? No, that's Sao Paulo.
Palo Alto is near San Jose.
Hmm.
California.
Mm.
Anyway Grayson and I are giving a lecture at Stanford Law, where Jane got her degree.
One of her old professors has invited us to discuss Stop! Whatever you're gonna say, I'm not gonna understand it.
Just tell me you will be home by 4:00.
Uh, my flight gets in at 7:00.
- No, no.
- What? You said you would go dress shopping with me today for the Hollywood small business association dinner.
It is the Never go dress shopping the day before.
You taught me that.
That's true.
Oh, I'll get it.
Mm.
And I'm going to get dressed.
But, Jane, just come home early.
Okay.
I-I'll do my best.
Good morning.
Oh, it's you.
You were expecting? Grayson.
We are headed to Stanford law school.
I know.
When's our plane leave? You are not going with us.
You don't even work in the firm anymore.
- Hey, I'm still your guardian angel.
- Mm-hmm.
I can't just sit home all day watching "Pawn Stars.
" Or can I? Actually, I do need your help with something.
While I'm gone, please take Stacy dress shopping for her awards dinner.
Why would I do that? "A," you actually have really great taste, which we both know is because of your collection of GQ magazines and your obsession with Ryan Gosling.
That's true, but and, "B," since you are no longer at the office, you can only spy on me at home.
So here's the deal.
You don't help Stacy shop, and I will tell her that you hate Taylor Swift.
She'll never let you in this house again.
Nicely played.
Oh.
You know what? I forgot my earrings, so be an angel and get the door.
Hey.
Luke.
What are you doing here? I came by to collect rent.
Right.
The landlord.
Is she ready? Almost.
Oh, looking sharp.
New suit? I don't know.
You know, maybe the tie.
GQ, march 2012, "pastels turn a business trip into a pleasure fest.
" So, what exactly do you have planned for your little jaunt up north? I don't know.
I figured I'd just Spend time alone with Jane? That's really none of your business.
Jane's terrific, but her fiancé just left her.
You don't want to be the rebound guy.
Right now, she just needs a friend.
My two cents.
Professor Kent.
Professor Bingum.
Cannot believe we're teaching a class with Ellen Daily.
The woman literally wrote the book on torts.
Wow.
She must have been an amazing teacher.
Oh, yeah.
Uh, she was unforgettable.
We don't want to miss our flight, so Right.
Have fun.
Okay.
But not too much fun.
Hey.
How's my favorite creditor? So far, so good.
Fueling up for the day? No, I have a client in my office Marty Saddler.
He's a successful entrepreneur.
What's his business? He's well-diversified, but today, he's here about his gourmet-food trucks.
Hmm.
Someone choke on a chimichanga? Ha ha.
No.
One of his trucks hit a man in a wheelchair crossing a street.
Is he okay? Yeah, a few cuts and scratches.
It's a glorified nuisance case, but it needs to be handled properly.
Got it.
Marty Saddler, Jay Parker.
- Hi.
I'm the managing partner.
Welcome.
- Thank you.
Gina's got me up to speed, and, uh, you know, I have a thought.
Hey, Kim, will you join us for a second? Kim Kaswell, meet Marty Saddler.
Nice to meet you.
Nice to meet you.
Kim is one of our top litigators.
- I'd like you to back up Gina in this case.
- Oh.
Oh, no, I appreciate the help, but we don't plan to go to trial.
I want to settle.
Well, all the better.
Kim will put the fear of God in the other side.
Fear of God sounds good to me.
Boom! Instant dream team.
The judge ruled that the defendant had been acting as a business adviser, not a lawyer.
And the jury awarded us seven figures.
There it is.
Dispatches from the real world.
So, Ms.
Bingum, your case turned on attorney-client privilege.
- Yes.
- Would you please recite the other common exceptions to the privilege? You have 10 seconds.
Okay.
Okay.
Um, um, well, there's the crime-fraud exception, overheard public conversations, suing a lawyer for malpractice, and production of privileged documents during disclosure.
- Aah! - And? Oh.
And disclosure to a third party.
Yes.
Well done.
Class, thank our guests.
Oh, thank you.
Thank you.
Thank you so much for coming.
It was our pleasure.
Janie, how does it feel to be back at campus? Uh, um, like I am here for the first time, actually.
Professor Daily, excuse me.
I'm very sorry to interrupt.
My adviser called in sick.
This is Veronika.
She volunteers at our legal clinic.
It's where our students try real cases with oversight by licensed attorneys.
My client is owed hundreds of dollars in back wages.
Her baby's ill, and she needs the money.
Can you please stand in? I'm teaching all afternoon.
But you happen to be in the presence of a distinguished alumna of the clinical program.
Oh, me.
Me? Yes, me.
Yes.
It's a simple case.
You know, I-I would, but we have to catch a flight.
I can book us on a later one.
Oh.
Well, great.
Then, uh, we would be happy to help.
Thank you.
I don't like Gina.
Oh, Teri, you don't like anyone.
Yeah, this is different.
At my old firm, my boss was on the partner track, and then Gina showed up.
Six weeks later, she had poached all of her clients, taken her promotion, and got her fired.
Well, that happens at big firms.
Kim, she gave Sandra a nervous breakdown.
She now lives at home with her mother, and they watch "Law & Order" all day long.
Wow.
Okay.
This is bad.
- Here's what I need you to do.
- Name it.
Shut the door on your way out.
Alison works for Eastbay Semiconductor.
Impressive.
Oh, I'm a glorified janitor.
I just inspect silicon wafers in the clean room.
The company won't pay her the overtime she's due.
They're claiming that she's an independent contractor.
Yeah, claiming full-time employees as independent contractors is just a sneaky way to avoid paying overtime.
But the judge will see right through it.
Veronika will make sure.
Sorry.
Oh.
Had to take the day off work and can't afford a babysitter.
That's okay.
It'll only make us look more sympathetic in court.
Uh, Your Honor, turning your attention to plaintiff's exhibit 4, you'll see the, um you'll see the hours and the days that my client worked in May.
And after May comes June.
We know.
Can we wrap up the show-and-tell? Uh, under court rules, I have the right to present documentary evidence.
And if you add up all of the hours in May Excuse me, Your Honor? Yes, can I help you? - We have an arrest warrant for Alison Thomas.
- Veronika? Excuse me.
What are the charges? Aggravated assault and endangering the welfare of her child.
Officer, I'd like to see the warrant.
What? What are they talking about? You need to give us the child and come with us.
No, no.
I didn't do anything.
I'm not gonna ask you again.
Alison, um, give William to me.
No.
It's okay.
Here.
It's okay.
It's okay.
Alison Thomas, you have the right to remain silent.
Anything that you say can and will be used against you in the court of law.
- No.
No, no.
Don't take my baby.
- It's okay.
Don't.
Stop! Don't give my baby away.
Ma'am.
My baby! My baby! Don't let them take my baby! I would never hurt my baby.
The only reason I'm suing Eastbay is because I need that money to pay his medical bills.
Alison, what's wrong with him? He passes out in my arms, in the crib.
It's so scary.
A-and the doctors they they don't know why.
What happens now? Okay, I'm going to represent you on criminal charges, and then Ms.
Bingum has agreed to continue supervising me.
Until a substitute can be found.
Oh, Grayson.
All right, I spoke with the lead Detective.
The police were called by Eastbay's on-site daycare.
A supervisor claimed William showed symptoms of shaken-baby syndrome.
No, no! That's that's not possible.
Okay, the police are holding him pending the results of his medical examination tomorrow morning.
And, uh, Alison, you'll be released on your own recognizance.
I-I-I need to see him.
He he's still breast-feeding.
Okay, well, we'll arrange for supervised visits.
We'll need to talk to the doctor who's examining William.
We have a consult tomorrow, 10:00 A.
M.
I'll, uh, push our flights back, get us some hotel rooms.
Oh, locals hotels are booked for the Appworld convention.
You guys can stay at his place if you want.
Okay.
Too casual.
Too formal.
Ugh.
Too much.
Ooh.
Do you think the neckline is too plungey? What? It's a simple question.
It was a simple question six hours ago.
you've done something I didn't think was possible.
You've made cleavage boring.
Maybe I should go sleeveless.
And I'm done.
Why? Oh, wait, wait.
It's a text from Jane.
Oh, no.
She's not sure when she's coming back.
But she's my date for the Hollywood small business awards dinner.
What am I gonna do? Ooh.
Another text.
She says you're my date.
I don't think that's what she meant.
I think she also says to ask you about Taylor Swift.
I have the perfect suit.
Ugh.
Wow.
I feel like I'm back in school.
You bring all the girls up here to study? Only the cool chicks.
Oh.
Now, this takes me back.
Beer? Sure.
Why not? You can take the guy out of Sigma Chi.
Cheers.
Cheers.
I'm glad we stayed.
Yeah.
I imagine you could use a change of scenery.
Yeah.
You know, for what it's worth I think Owen's made the biggest mistake of his life.
Don't start being nice to me 'Cause I'm about this close to tears, and you don't want to deal with that.
I think you're doing fine.
I guess it's I guess it's kind of getting late.
Yeah.
Yeah, it is.
Um I'll take the futon.
Great.
Hey, Grayson.
Thanks.
The baby's symptoms are similar to shaken-baby syndrome, but we've ruled out any form of abuse.
That's good news.
Your child is suffering from blood toxicity specifically, high levels of methanol.
Methanol? A compound commonly found in high-test fuels, paint removers and industrial cleaning solvents.
That's right.
Alison, how would William have come into contact with methanol? It's one of the solvents we use in the cleaning room, but William's never been in there.
You likely inhaled trace amounts over time.
It builds up in your system.
It was transferred through your breast milk.
Oh, God.
The effects should be reversible, but he'll require extensive treatments.
I did this to him.
No, no, no, no.
This is not your fault.
Alison, did Eastbay warn you about this? No.
I would never put my child at risk.
Okay, okay.
Then they're gonna pay.
Okay, I'm ready.
Let's get started.
Mr.
Patton, we should probably wait for your lawyer.
Some guy who's gonna take a third of my payday? No, thank you.
Okay, well, we, uh, received your $1 million demand.
How did you come up with this figure? Hmm.
Let's see.
I came to it when I got hit by your client's gourmet-freaking-food truck.
Your medical bills are less than $800.
Documented emotional distress.
According to Dr.
Lacert, a well-known plaintiff's physician whose nickname is "Dr.
Full Of Crap.
" Anything else? Well, there's lost wages.
Except you are unemployed.
Look, cards on the table.
This is a $5,000 case, $10,000 tops.
So how much to make you go away? Hmm.
- Well, I'm willing to negotiate.
- That's great.
- Half a mil, and we all go home happy.
- Okay, you know what? Why don't you go home and, uh, call us when you're serious.
Oh, Ms.
Kaswell, this is my serious face.
And when I wheel myself into court and describe how I was in a clearly-marked crosswalk when I was thrown from my chair and nearly crushed to death by a 6-ton truck, the jury will be awarding some serious coin.
You trying to intimidate us? I'm very good with tears.
I can cry on cue.
Okay, I think we understand each other.
Let us take the $500,000 to our client.
- Now I want $600,000.
- You're kidding.
Actually, I came here to settle, but forget it.
I want my day in court.
Have a nice day, Ms.
Kaswell.
My client wanted to settle.
You know what? I'm sure Warren will go home and come to his senses.
It's all part of the process.
I can see why this firm is having financial problems.
Oh, Professor, I'm so glad we caught you.
Ms.
Bingum, Ms.
Kramer.
Our simple court appearance got a little complicated.
Toxicology confirmed high levels of methanol in my client's breast milk.
We're suing her employer for injuries to her son.
It's definitely gonna be an uphill battle, - but since toxic torts are your expertise, we thought - Stop.
I can't discuss this case with you.
Professor, we need your help.
Oh, my God.
Did Eastbay hire you to represent them? Yes, they did.
And, as you said, this is my area of expertise.
I look forward to seeing you in court.
Your Honor, we're not even the right venue.
Employee injury is a matter for the workers' comp board.
Yesterday, Eastbay was in court insisting that Alison Thomas is not an employee, but an independent contractor.
They can't have it both ways.
Collateral estoppel.
Collateral estoppel.
Even if that is the case, Your Honor, prop 65 warnings at the facility alert workers to the presence of potentially-toxic chemicals.
Ms.
Thomas assumed the risk.
Maybe so, but But but what? But But the mere presence of a sign does not insulate from liability Kohn v.
Badger, Inc.
Plus, the baby is our plaintiff.
Any waiver by Alison cannot be imputed to her son.
In Martin v.
Cincinnati Gas, the employer was found not liable when an employee took home asbestos on his clothing, thus sickening his child.
I believe the same principle exists here.
Ms.
Bingum.
Um Yes, in Olivo v.
Owens-Illinois, the court did find liability because the harm to a relative was deemed foreseeable.
Good point.
Motion for summary judgment denied.
We're going to need several weeks to prepare for court, Your Honor.
Uh, Your Honor, not to rush the court, but Mr.
Kent and I were just up here visiting, and Well, it's gratifying to see practicing lawyers volunteering their time.
Well, thank you, and happy to do it.
And I'm happy to accelerate these proceedings.
We'll start this afternoon.
Okay.
I'm so sorry.
I-I completely froze.
Oh, it happens to all of us.
Hey, we survived summary judgment.
That's all that matters.
We have a lot of work.
Hey, Grayson, could you line up an expert witness? I'm on it.
Veronika, we're gonna need a work space.
How's a cubicle at the law clinic? Great.
I think I'm gonna contact Eastbay's child-care services, see if any other employee's child suffered from methanol poisoning.
You want to know if Eastbay was put on notice.
Exactly.
Let's get to work.
Hey.
You wanted to see me? Yeah.
We have a problem.
I spoke with Warren.
He will not reconsider.
He wants to go to trial.
Okay.
Uh, we'll go to trial.
I mean, wheelchair or not, the guy's high if he thinks the jury's gonna award him anything close to what he's asking.
No, Kim, my client wanted to settle.
You went against his wishes and my orders.
- Excuse me? - Look, trial's not an option.
Marty's ex-wife is threatening to reopen their divorce.
And if he has to turn over his finances as part of discovery, it becomes public record, and his ex-wife has access.
Which would obviously be a disaster for Marty.
Well, it would have been nice to know this before our settlement conference.
I don't have to explain myself to you.
Okay.
I will try to get the case dismissed pre-discovery.
That way, no financials exchange hands.
Good.
Teri, I need you to Find grounds to get your case dismissed before it goes to trial? - How do you know that? - Thank you, intercom system.
But that's not important right now.
Oh, that Gina.
She is lovely, isn't she? Uh look, I need you to go over every detail of this case.
Was the walk light on the Fritz? Was there a tree obscuring the driver's view? Anything you can get to discredit Warren's story.
I'm all over it.
Thanks.
Veronika.
Hey, Jane, you got to see what I found.
Wow.
I was president.
Yeah, first female president.
That's pretty cool.
Wow, you haven't changed at all.
Well, to be honest, I feel like a completely different person With much better hair.
I didn't you know, I just found the right products.
How did it go at Eastbay? I talked to their child-care supervisor.
A few years ago, they had an employee named Claudia Dawson.
Her child died from shaken-baby syndrome.
Now, it might not be related to methanol.
But nonetheless, I'm having Teri track her down.
So, any luck finding an expert witness? Everyone I called has already been retained by Eastbay.
Classic strategy for a deep-pocket defendant.
But I'm working on a list of second-tier candidates.
Good, good.
So, our strategy is We hope for a last-minute settlement, but we are prepared to go all the way to verdict.
Okay.
Members of the small business association, honored guests, your majesty, I'm grateful to - Spaghetti and meatballs.
- What? I want to eat, and I'm thinking Italian.
Ugh! I asked you to come over here and listen to me rehearse my acceptance speech, and then we can go to lunch.
Forget rehearsal.
A good speech is just like good sex spontaneous and performed in front of a live audience.
- Ugh.
- Stacy.
I think you're taking this award too seriously.
It's just a silly dinner.
Nope.
For the first time in my life, I am being recognized for something I did with my brain and my hot box.
It's what my grandma calls the oven.
Anyway, you don't have to understand, but you don't have to be mean.
And you definitely don't have to go.
I had no idea why William was sick.
Methanol was a complete surprise.
What is William's prognosis? I'm hopeful, but it will be years before we know if any damage is permanent.
Thank you, Alison.
Ms.
Thomas, your your power was cut off in June.
Yes, I-I missed a payment.
So for a week, you cooked on a camping stove.
Did you know that it burns methanol fuel? No.
Who's Michael Lurie? My boyfriend.
A mechanic who works with antifreeze.
Did you know that it contains methanol? Plaintiff stipulates to living in the real world, which puts her in contact with trace amounts of methanol.
There's no point to this badgering.
My point is that Eastbay semiconductors is merely one possible source of methanol exposure.
And you've made it.
Move on.
Being a single parent isn't easy, is it? Money is tight.
Constant stress, enormous responsibilities.
Everybody has their own struggles.
Did it ever occur to you to simplify your struggles with methanol? Objection.
The implication is offensive.
What are you saying? Would life be easier without your child? Your Honor! A-are you saying I poisoned my baby? Alison, you do not have to answer.
Who the hell do you think you are?! Well, we all get upset, impulsive, lose our temper.
I mean, look at yourself right now.
That's enough.
Is this really necessary? Yes, because when I went to interview the food-truck driver, I got the security video from the Cash4Gold place across from the truck lot.
There is your guy.
What's he doing? Why's he stopping in the middle of the road? Because he knows he hit his mark.
That is the truck's blind spot.
Now watch this.
Oh, my God.
He staged the accident.
Oh, yeah.
There's more.
Pay attention to the food trucks in the background.
I scanned two weeks of footage.
Only one truck ever left that lot, and Marty claims he makes $1 million annually from his fleet.
So how do they make all that money if the trucks never go anywhere? That is a good question.
And another thing Marty said he didn't want to go to court because he didn't want his ex-wife to reopen the divorce.
But his marriage was annulled.
So there's no settlement to reopen.
Exactly.
So why is he afraid of court? Dandelion salad.
Who knew you could eat a weed? According to the food channel, urban foraging is the next big thing.
Oh, it's pretty good.
But I'm out when it's trendy to eat bugs.
Oh, hey, good news.
Teri found Claudia Dawson.
Oh, the woman from Eastbay whose daughter was diagnosed with shaken baby? Yes.
She's agreed to meet with us.
Oh, great.
Hey.
Sorry I'm late.
But get this after court, Professor Daily came to see me at the clinic with a settlement offer.
$10,000.
And they'll cover William under the company's group health policy.
- That's, uh that's a start.
- Yeah.
A start? Well, it's way too little.
But it does show that they are willing to talk.
- Yeah.
- So, good work.
We'll just craft up a response.
No.
You don't get it.
It's done.
- What's done? - I accepted the offer.
Professor Daily put a clock on it.
What was I supposed to do? You come talk to us.
We we discuss it.
You said our goal was a last-minute settlement.
I got Alison to sign.
Can we get out of it? It's nearly impossible if it's signed, which it is.
We were getting hammered in court.
It was day one.
Day one.
This case was far from over, and you just gave it away.
I'm so sorry.
I-I didn't know.
Yeah, you didn't know, and that is why Professor Daily came to you while we were not around.
How do you not see that? Jane.
I said I'm sorry.
Veronika.
Hey, Jane.
How's it going? I owe you an apology.
No, you don't.
I was outplayed by Professor No, it was my job to stop her, and I let you down.
I'm sorry.
I got Alison to sign the deal, and now it's over.
Maybe not.
Last night, I-I kept going over the agreement.
Now, you made some changes in here, right? Well, I got Daily to go from $9,000 to $10,000.
Big whoop.
Actually, it is a big whoop.
So big, in fact, that you're going to miss class this morning, because we have a meeting with the judge.
Your Honor, defense counsel intimidated Veronika into accepting a deal.
- I beg your pardon.
- Basic classroom dynamics.
The Professor is literally the woman who wrote the book.
You know what this reminds me of? When I was a struggling model and I was waiting tables at swingers, guess who sat in my section.
Guess.
It was someone big.
Madeleine Albright.
Close.
No.
Heidi Klum.
I worshipped her.
I messed up her order three times because she intimidated me with her long neck and perfect teeth.
I fail to see the relevance.
Then you're not looking hard enough.
See, Professor Daily doesn't spend time at the legal clinic, so she may not be familiar with the state bar rule 3.
6(B)(5).
Veronika.
Students can negotiate agreements but cannot draft them without having their supervising attorney approve their work.
But a student didn't draft it.
I did.
Oh, sure.
Most of it Except here, here, and here.
It's Veronika's handwriting.
Yeah, but those are cosmetic.
Well, like I always say, never underestimate the power of cosmetics.
Did you approve those changes? I did not.
I'm afraid Ms.
Bingum is correct.
I'm tossing the agreement.
The trial is back on.
Thank you.
Teri.
Are you sure she's gone? Gina has a 4:00 P.
M.
waxing, and she missed her last two appointments.
It's gonna be a while.
Did you find anything? Marty's corporate tax returns.
Holdings include food, trucks, car washes, and laundromats.
All cash businesses.
Yeah.
Interesting, right? Yeah.
I have to talk to Parker.
Kim, I want to get rid of this woman.
Teri, for once, you and I are on the same page.
Stacy Barrett.
I'm nominated for best new business, perishables.
Congratulations.
You won.
Here's your drink coupon.
What? I won? Well, do the other nominees know? Everyone's a winner, sweetheart.
Wow.
That's a lot of speeches.
Listen, sunshine, this ain't the Oscars.
It's appetizers with local business owners, networking.
And I wouldn't dawdle if I were you.
Ike from Keys 'r Us can sock away those egg rolls.
Marty's diverse holdings are cash businesses, but they're basically dormant.
Any profits? What do you think? So we're looking at classic money laundering.
He cleans dirty cash by declaring it as income for legit businesses.
That's why he's afraid of trial.
Open his books, and his criminal activity is exposed.
- Have you confronted Gina? - Are you crazy? She knows exactly what he's doing.
That's why she advised him to pay half a million dollars to settle a nuisance suit out of court.
Look, the firm needs to withdraw from representing Marty immediately.
You know that's almost impossible once a case is under way.
And if we did, Marty and Gina would know that we're onto them.
Well, what do you suggest? Once Warren drops the case against Marty, I'll find a way to get rid of Ginaquietly.
All right.
Just don't wait too long or we all look dirty.
Did I miss your speech? Hi.
There were no speeches.
You were right.
It's just a stupid event.
No, the only thing I got was a drink coupon and a piece of plastic.
I got dressed up for nothing.
Hold on a minute.
Phyllis? Hi.
Lovely name.
Listen, the crowd's getting a little bit restless, and we really want to hear from the winners.
Now, I'm hoping you'll start with Ms.
Barrett.
She's got some inspiring words to share.
Look, dimples, we don't do speeches.
But have another drink coupon.
Soon as I get rid of them, I get to go home.
Wow, Phyllis! I couldn't agree with you more! Best new business, perishables, is a huge honor! And I have had the good fortune to witness Stacy Barrett bring to life a delicious new perishable Out of nothing, other than her own imagination, Stacy has invented the pake a pie and a cake in one dish.
So, Phyllis, I'd like to thank you and the Hollywood small business association for recognizing Stacy.
It's like a dream come true for her.
I was working at Eastbay in their clean room when my doctor said my baby wasn't gaining weight.
Then one night, he stopped moving.
I called 911.
After he died, the police arrested me, said I shook him to death.
They wouldn't even let me go to his funeral.
Ms.
Dawson, I'm sure this is incredibly difficult.
Can I ask was an autopsy performed? Of course.
It wasn't shaken baby.
It was methanol poisoning.
And I didn't understand it.
Then I got a visit from a woman, said she worked for Eastbay, offered me money For my loss.
That's so awful.
I think your story will help our client and her son.
We can prove that the company knew the risks of methanol exposure.
No, I can't say any of this in court.
Why not? I signed an agreement with a confidentiality provision.
Can I see that? Thanks.
Want to guess who Eastbay's lawyer was? Professor Daily.
Following a public disclosure, Claudia would have to refund the entire settlement, plus pay $1 million in liquidated damages.
Claudia, provisions like these are rarely enforceable.
I have three other children.
I can't risk it.
But what about William and Alison? I'm sorry for them.
I can't testify.
Thank you.
Oh, a little late-night caffeine fix? Absolutely.
This one is for you.
Dark roast with vanilla and chocolate.
I used to drink that in law school.
When cramming for finals.
Yeah.
Need a hit.
It's gonna be a really late night.
We need to find another way to prove that Eastbay was on notice about the methanol exposure.
- Whoa! - Wow.
Something in the water up here? Uh Full moon on the quad is Stanford tradition.
Kissing under the full moon.
God, I miss college.
Come on! It's a full moon.
Kiss the girl closest to you.
Actually, we're just Do it.
Kiss her already! Jane.
Jane! I know how to get the jury to hear everything Claudia told us.
How? I found a new witness.
They can't call me as an expert witness.
I'm opposing counsel! Evidence code section 700 except as otherwise provided, no person is disqualified to testify to any matter.
Ms.
Bingum is technically correct, but I warn you, Ms.
Bingum you may not ask anything privileged.
I understand.
We call Professor Daily to the stand, and my co-counsel, Veronika Kramer, will be questioning the witness.
Please state your name.
Ellen Daily.
Ms.
Daily, what is your occupation? I'm your torts Professor.
And you also have a private practice.
And this isn't the first time that you've represented Eastbay, is it? No.
In fact, three years ago, didn't you represent them in settlement negotiations with an employee whose child died after drinking methanol-tainted breast milk? If that were true, it would be privileged.
Now, Professor Daily knows that privilege is waived by disclosure to a third party.
And to which third party did I disclose this information? Every student who's read your book "General principles of tort law.
" On page 108, you write about a settlement between a silicon-wafer company and its employee.
A citation for educational purposes.
No names were used, but the passage includes enough identifying information to qualify as disclosure.
Privilege protects private information, but in her book, Professor Daily makes that information public.
Your Honor, I object to this line of questioning.
Objection overruled.
The witness will answer the question.
Yes, I negotiated that settlement.
Isn't it true that Eastbay was aware that methanol in their clean room sickens the children of nursing mothers? Yes.
And did you advise your client to substitute a safer chemical? Yes.
And did they? Not to my knowledge.
Thank you.
Nothing further, Your Honor.
Ms.
Kaswell, it's gonna be a great day.
I can feel it.
You sure you want to go through with this? I've been counting down the hours.
Warren, before we go in, I think you should take a look at this.
Because I don't think crying on cue is gonna help.
I'll drop the suit.
Yeah, you will.
Oh, before you, uh, roll on out of here, the D.
A.
is gonna want to ask you a few questions.
Nobody likes a fraud.
You're right, Warren it is gonna be a great day.
Kim, you're going in the wrong direction.
Case dismissed.
You're welcome.
Hey, Veronika.
Jane.
Hi.
I just came to say goodbye.
I just spoke with Alison.
Oh.
And with the money we got them, William will get his treatment and Alison's gonna go back to school.
That's amazing, right? That's one word for it.
Professor.
You weren't in class this morning.
I know.
I-I was with our client.
I'm sorry.
Don't be.
Nice work in there, counselor.
I didn't see it coming.
And, Jane, nice to see you again.
Impressive, as always.
Best new business, perishables.
I got a trophy! Congratulations! - I'm proud of you.
- Thank you.
It was an amazing night.
Okay, now, tell me about your trip, but leave out all the boring legal stuff.
Grayson and I almost kissed.
Oh, my God.
I know.
I know.
Hold on.
Wait.
Almost? Okay, so, there was a full moon.
Mm-hmm.
- And at Stanford, there's this kissing tradition.
- Go on.
So, he looked me in the eye, and I swear he was gonna kiss me.
But? But we got interrupted, and then the moment was gone.
Oh, no.
Well, sweetie, there will be another full moon next month, and you can take Grayson back to Stanford and - and try it all over again.
- No.
During this trip, he had every opportunity to make a move.
I mean, we slept in the same room, and we ate at this really romantic restaurant.
And Nothing.
As much as I do I really want Grayson to kiss me it's got to be for a better reason than a full moon.
Mm-hmm.
And I don't think that's ever gonna happen.
Um Will you excuse me? I, uh I forgot that I left my, um, trophy in the car, and and I want you to see it.
Yes! - So I-I'll be right back.
- Okay.
Grayson Kent, what is going on between you and Jane? What? When she came back from Italy, you told me you had feelings for her.
You went to Stanford, you spent three days with her, and now she thinks you'll never be interested.
She said that? Maybe.
Look, right now, I need to be her friend, not the rebound guy.
Ah, normally, I would agree, but I say if you really have feelings for her, go and make your move.
- Hey, you got a minute? - Sure.
There's something I wanted to tell you up at Stanford, but wasn't sure of the timing.
What's that? I've been thinking about this for a long time, - and the thing is - FBI.
Sir, ma'am, I need you in the lobby.
- For what? - Now.
Oh, my Kim.
I don't know.
What's going on? No idea.
Are the offices all clear? Yes, sir.
All right, listen up.
You're all under arrest for violation of the federal Rico act conspiracy to launder money.
The offices of Harrison & Parker are officially closed.