The Guardian (2001) s03e02 Episode Script
Big Coal
[Burton.]
Mathers Industries, Kelton Rubber, Nathanson Auto Parts [Nick.]
Right.
[Burton.]
Henderson Box and Paper.
Bluestone Plastics [Nick.]
Right.
L&T Holding Corporation, Rightvision Communications, Sklar Chemical, and Allegheny Electric.
Allegheny Electric is my client.
Nicholas, I brought them in back in 1967.
And I've kept them here for the past seven years.
But I brought them in.
All right.
I'm willing to give you 50% And from now on, you only get what you bring through the door.
OK? Yeah, fine.
[Door closes.]
[Hostetler.]
This is a great relief.
[Clay.]
The prosecutor was just looking for headlines.
Well, I can't thank you enough.
Well, hopefully you won't have to hire me again.
Hey, Clay, you represent Phil Hostetler? He was referred to me on this one matter.
- How did it go? - How did it go? A 17-year-old kid falls down one of Hostetler's old mineshafts and dies.
Some prosecutor down in coal country indicts Hostetler for negligent homicide.
I get him off with a $500 fine.
You try to get his corporate work? He's been with Swann & Cranston for 35 years.
You didn't try to get his corporate work? If you land him, I want 50% of the source credit.
Hold it a sec.
Thank you.
Mr.
Hostetler.
Nick Fallin.
- Oh, nice to meet you.
- You, too.
I know your dad.
I'm sorry about Harold Cranston's retirement.
Harold's retiring? Well, if he's not, he should.
[Chuckles.]
He hasn't said anything to me about that.
It's got to be tough being Hostetler Coal when the environmental groups, the unions, the press everyone hates you.
That's not an effective way to land a client, son.
Well, our firm is very good at dealing with companies that are targets of frivolous lawsuits.
We work with you at stopping small problems from snowballing into big ones.
In effect, we save you on billable hours.
We're just a better fit for you, Mr.
Hostetler.
Why else would Cranston send you over to work with Clay Simms at our office? We have everything you need under one roof.
There's a small coal fire burning close to Donora.
The reason I thought of it we discovered when we were investigating that mine where the young man fell.
How did it start? Probably some locals burning trash too close to a coal seam.
What can I do for you? Vernon, Pennsylvania.
It sits right on top of one of my mines, five miles from the fire.
All the mines are connected, so it's a matter of some concern if the fire should spread to Vernon.
I see.
How big is Vernon? About seven houses, Well, uh, you could pay residents to waive their rights to future property damage claims.
I could go out there and have them sign releases.
How soon could you get this done? I could go out there today.
Very well.
The job's yours.
~ Well, there is trouble ~ ~ In my mind ~ ~ There is dark ~ ~ There is dark and there is light ~ ~ There is no order ~ ~ There is chaos ~ ~ And there is crime ~ ~ There is no one ~ ~ Home tonight ~ ~ In the empire of my mind ~ ~ There is trouble in my mind ~ How'd it go? Yeah, he gave us a matter a coal fire they discovered when that kid fell.
- OK.
- OK what? I brought Hostetler in the door.
I want 50%.
- You're kidding.
- I brought him in the door.
Fine.
There's something else.
You know that associate I brought with me Sadie Harper? Never met her.
She worked on Hostetler's defense, knows the town of Vernon very well.
She could be an asset to this civil matter of yours.
She's a criminal attorney.
She could be an asset.
Is this what you wanted to talk to me about? Yeah.
She spent a month down in Vernon investigating the accident.
Knows the town very well? So, I thought maybe you could take her on.
[Chuckles.]
How long have you been sleeping with her? A year, on and off.
Does my father know you've been on and off her for the past year? I'm telling you.
He's not going to be very happy.
You're a partner, she's an associate.
- I'm aware of that.
- Yeah.
And you plan to continue seeing her? Yeah, of course.
She's a great lawyer.
Good for you.
Fine, I'll take her.
Thanks.
I get all of Hostetler.
You're kidding.
Sadie, right? - Right.
- Nick Fallin.
- Yes, hi.
- Nice to meet you.
Um, can you sign this? It's a consensual relationship agreement.
It states that your relationship with Clay Simms is voluntary, mutual.
I know what this is.
- I need you to sign it.
- I'm not signing this.
You're not? All this release does is protect you.
It's a standard form, Sadie.
- Would you sign this? - Sure.
Let's say you're still an associate, and a 40-year-old female partner is banging you.
You know, takes you up to the house on weekends, expensive dinners, bad skiing.
Then one day she wants you to sign a form, in case she gets bored with you and doesn't want you around anymore, and she can fire you without any repercussions.
Think about it.
Are you saying I have to do this? No, I'm saying you should think about it.
I'll get back to you later.
Something else? I understand you've been to Vernon, Pennsylvania.
We settled that case, thank God.
[Train whistle blows.]
[Nick.]
Why are we parking here? [Sadie.]
Trust me, it's better this way.
These people don't want to see this car.
In order for the releases to be binding, we need to give each resident a disclosure report.
Have them read it before they sign.
Right.
It just says their, uh their town is built on a coal mine, and there's a chance that, at some point, that mine could catch on fire.
There's an outside chance that their property might collapse a bit.
You know, those mines are cut Collapse a bit? What do you know about coal fires? Just what I read before I left that they're hard to put out.
Take a big seam of coal say, 40 million tons.
It sets on fire, you've got the world's biggest barbeque pit.
The only difference is, your hibachi burns at about 400 degrees.
Coal fires burn at 2,000.
At that temperature, it would take 100 years to burn itself out.
[Nick.]
I want you to take the Harrisons, the Stryzinskis, and the Pences.
[Sadie.]
You want me to walk into these people's houses by myself? Yeah.
Have you taken a good look at me? Yeah, I, uh I noticed that you're, uh That I'm wearing Prada.
Yeah, I noticed.
Well, I'll meet you back here in an hour.
[Ring.]
[Ringing.]
Hey.
Hey yourself.
Uh, is your mother home? Mother's dead.
- I'm sorry.
- That's all right.
She died when I was born, so I didn't know her at all.
[Coughs.]
Is your father home? You handing out Watchtowers? What? - Are you a Jehovah's Witness? - No.
Because the only people that ever come here all dressed up are the Jehovah's Witnesses.
No.
Not a Jehovah's Witness.
Come on in.
My daddy's out back.
Daddy! Someone's here! Why did the chicken cross the road? To, uh, get to the other side.
Right.
But why did the pigeon cross the road? Because it was nailed to the chicken.
You don't think it's funny? What's your problem? What can I do for you? So, Hostetler's just going to give me $20,000? If you sign.
Well, that's crazy.
That's business.
Why would they do that? - Mr.
Nystrom - [girl coughing.]
Like I said, there is a slight chance the ground might downgrade a bit over time.
It's all in these disclosure reports.
[Coughing.]
Sweetheart, are you OK? Yeah.
Did you know Judge Judy was a lawyer before she was a judge? No.
She was.
Mr.
Nystrom, this form, the offer - it's only good today.
- Today? We'd like to get this wrapped up as soon as possible.
[Girl coughing.]
[Girl.]
Daddy? Daddy? I'm sorry.
I have to Could you just come back tomorrow? Honey? Honey? [Coughing continues.]
I got two of your releases signed.
- The third's not going to happen.
- Why not? The guy's name is Ezra Pence.
He's the grandfather of the guy that fell down that mine.
He didn't like the way we handled the case.
What did you do? We established that his grandson was drunk and none too bright.
Well, we have to come out here again tomorrow.
- We? - Yeah.
Let's go.
- Good morning.
- Good morning.
- Mind shutting the door? - Sure.
About the consensual relationship agreement - I thought about it.
- Good.
Clay, you and I will no longer be seeing each other socially.
Sadie.
Nick, I will finish off this civil matter, then go back to criminal practice, which is what I came here to do.
So, this is no longer necessary.
Sadie, you're overreacting Whenever you're ready, we can go back down to Vernon and finish what we started.
So, I spoke to my client.
He is willing to increase the offer to 22,500.
Right.
That's two thousand and five - Hundred.
Right.
hundred more.
[Sighs.]
No, I can't take that.
Dad? Petra, mind your own business.
Mr.
Nystrom, this is the most my client can offer.
No, see, I already signed the one you left for me last night.
I already took your first offer.
Well, just just sign this one.
- But what about that one? - Just sign that one.
Just sign that one.
Well, thank you, man.
[Petra coughing.]
[Glass shatters.]
- [Coughing.]
- Honey? Daddy.
Is she all right? [Coughing.]
It just started last night.
She should see a doctor.
Well, the clinic shut down last year.
You know, I represent the county hospital in the city.
You could go and take her to see Dr.
Aaron Wasserman.
I'll write it down.
Use my name, OK? Hey, man? Thank you.
For everything you've done for us.
[Coughing.]
[Sadie.]
Stop it! Just Hey! You're going to threaten me with that, you better be prepared to use it! Get off my property! I will turn my back to you, and you put that down! Put it down, put it down.
Let's go.
Did you get him to sign? Thank you.
Thanks.
Thanks for coming.
I know you didn't want to, but I really think that we should talk about things, get it all out in the open.
Well? Heh.
Yeah, yeah.
Right, because before I leave, I think that it would be nice for us to have some kind of an ending.
Or, you know, some kind of closure.
- Closure? - Right.
Nick.
Yeah.
I'm sorry that I hurt you.
I want you to know that.
It was never my intention.
Do you want to come back to my place? What? You heard me.
Heh.
Nick Well, do you? Good morning.
Louisa Archer called for you three times.
Also, a man named Paul Nystrom something about County Hospital not releasing his daughter.
He said you'd understand.
They won't let me take her out of here, and my car broke down in the parking lot, and I can't afford to spend the night in some motel.
Just wait here a second.
Excuse me.
Dr.
Wasserman? What's going on with Petra Nystrom? Um, we did an ultrasound.
The fetus is microcephalic.
Small-headed.
Probably blind, deaf, possibility of mental retardation.
- Did you talk to him about this? - Yeah.
This is why you want to keep her in here tonight? Petra's a strange case.
Fluid in her lungs.
Looks like pulmonary edema.
What would cause that? Could be a number of things.
Environmental? In a girl this age, the chances are good.
Her father wants to take her home tonight.
That's a risk.
But if he insists on taking her home, I can't stop him.
Have him get an AMA from the admitting nurse, sign it, bring her back here tomorrow for tests.
All right.
OK, you have to sign an Against Medical Advice release.
See the admitting nurse, then you can take her home.
OK, I'll sign it.
Uh, Mr.
Fallin? Do you know if there's any buses that go from Pittsburgh to Vernon? What the hell do you want? Mr.
Pence, my name is Nicholas Fallin That colored girl told lies about my grandson.
She lied.
Mr.
Pence, I'm here to offer you She said he was drunk! Said the accident was his fault.
I know nothing about that situation.
I'm here to talk to you about your property.
That blackie walks on my property again, I'm going to put a bullet in her head.
Mr.
Pence my associate's name is Sadie Harper.
Now, Mr.
Hostetler is willing to negotiate.
I read the papers that girl left.
Hostetler's a liar.
He's always been a liar.
OK, just today, I can increase the offer to $30,000.
My grandson wasn't a drunk.
He wasn't.
Lived with me almost his whole life.
- A good kid.
- I'm sure he was.
I worked for Hostetler Coal.
$30,000 is at least three times the value of this property, Mr.
Pence.
You know how many miners died down there over the years? It's like going to war.
Working down there is no different than going to war.
I appreciate your time.
If you reconsider, that's my card.
Thank you.
The report said the fire is burning in Henderson Hills.
You can tell Phil Hostetler he's full of crap.
What's it going to take, Mr.
Pence? Will you speak up?! What is it going to take? $40,000! I can do that.
Sure.
Just sign here.
Fire's burning right under your feet, you know? I can smell it.
Smoke comes up.
It's even worse over there in the cemetery.
Thank you, I appreciate it.
I'll process your check immediately.
[Pence.]
It's burning under your feet! You tell him that.
Mr.
Hostetler, coal fires release toxins, right? Our position is, there's no evidence linking coal emissions with health problems.
There have been no definitive studies.
There's a family they signed a release.
The daughter her unborn child is sick.
OK.
And the girl has pulmonary edema.
Right.
It's quite an unusual condition for a 14-year-old.
Well, so is being pregnant.
[Chuckles.]
Yeah.
The doctor says that her problems may be environmental.
Convenient.
So, you don't want to do anything? Oh, this happens all the time, Mr.
Fallin.
Well, if there's a coal fire burning underneath Vernon We don't believe the fire has spread to that area.
If people do get sick, they could trace it back to your corporation.
Yes? You may want to consider injury releases.
But we don't know if we've made anybody sick.
Would you rather spend a little bit now or a lot later? Mr.
Nystrom.
The doctors are saying that Petra has cancer.
Oh, I'm sorry.
And they're going to have to abort the baby before they can treat her, or she could die.
Anyway, I was just wondering if maybe you could come down there and talk to your friend.
Mr.
Nystrom, could we take this into my office? Because they're trying to move her somewhere else.
They're saying they can't treat her there.
Well, it's not really my place to But you know him.
We did an MRI.
Tumors have perforated the lung membrane a sign of a very aggressive cancer.
What can you do for her? The treatment she needs is way beyond our resources.
The baby? She'll have to terminate the pregnancy if she wants to treat the cancer.
Where are you going to send her? She has to stay here for now.
But Petra's best shot is angiogenesis inhibitor therapy.
It cuts off blood supply to the tumors.
But it's relatively new, and, unfortunately, Mr.
Nystrom's insurance carrier is refusing to cover it.
Why? They claim it's experimental.
We could put her through the traditional treatment chemo, radiation but from my experience, I haven't seen that work on something this aggressive, and I've never seen it work on a girl this age.
Who's the insurance carrier? Mr.
Nystrom is still covered by his old health plan from when he was a miner.
I'll fax you over the contact information.
Thank you.
Mr.
Nystrom, you need to sign some consent forms for the abortion.
Well, good thing I signed that form for my property.
At least I got that money coming in.
Right.
Maybe I can use that to pay for what she needs.
- Hey.
- Hey.
So, I hear you're trying to take Hostetler away from Cranston.
Yeah.
We land those guys, we'll need an environmental lawyer.
Someone who really knows the ropes around the federal courts.
I know that, Dad.
What? There's this girl 14 years old.
She has cancer.
She needs a lot of expensive treatment.
Her father's insurance company doesn't want to pay for it.
So? Hostetler Coal may have made her sick.
How? Toxins from the coal fire.
So, Hostetler wants to settle her out cheap, huh? Of course.
Her family got a lawyer yet? No, but they're beginning to trust me.
Well, I know it's tough for you son, but you've got to get them to sign.
Yeah.
The money Hostetler's offering isn't going to begin to cover medical fees.
Hostetler retained you? That's right.
So, you've got to be above board and just explain everything to the family.
Yeah, of course.
- Your job is to - I know what my job is, Dad.
Well, then Right.
Big coal.
Hey.
How are you feeling? OK, I guess.
I'm sore a little.
I got you something.
A Watchtower? Um, where's your father? He went to get coffee.
You know, she was dead already.
What? The baby died before the operation.
Oh.
I'm I'm sorry.
No.
It's OK.
I'll see her soon.
I heard my doctor tell my dad that I probably wouldn't live.
So I'll see my baby soon.
Nick.
Hey.
I, uh I made an appointment with the insurance company for later today.
So, you think you can get them to pay for Petra's care? I'll try.
Well, thank you, man.
Um Well, I'll see you later.
- Enjoy the read.
- [Laughs.]
Hey.
Did you just come down here to see how she was doing? Yeah.
Yeah.
[Knocks.]
You got a minute? Yeah.
I have a guy from American Northeastern Insurance - in the meeting room.
- What? There's a guy in the meeting room from No, I heard what you said.
You want to talk about a case? That's right.
I called you three times.
I know, I know.
Listen, I need you to be the attorney of record on this case.
Nick, we had sex the other night.
I mean, you don't even want to talk about what happened? The company I represent may be involved in this matter, so I can't have my name showing up on anything related to this.
There is a young girl that has cancer, and the insurance company won't cover her medical costs.
Can you help me out with this or not? - The guy's name is Cabe Goodman.
- OK.
He's going to argue that his company is only required to cover standard and generally accepted medical care.
You need to argue bad faith.
They're rejecting this claim as a matter of course.
I know what bad faith is.
Their company rejects 78% of claims that cost more than a quarter million.
They routinely deny care for people living under the poverty line.
All right, got it.
Hey.
Thank you.
I don't care how much he's offering.
If you signed this second release, Mr.
Pence, my client would have given you $60,000.
- Given me? - That's right.
I gave the Hostetlers 53 years of my life, my friends and family.
Most of them died for that man in the mines of emphysema, terrible accidents.
Hostetler killed this town.
He polluted the river, destroyed the mountains.
Nobody wants to live here anymore.
And you say he's giving me something? You signed the first release, Mr.
Pence.
I'm sorry I did.
You tell Mr.
Hostetler if he gives me ten minutes of his time and an apology, I'll sign that second form for nothing.
Ten minutes of his time? That's what I said.
Hey.
Well, the insurance carrier won't budge, claims it's experimental care.
Right.
So, I set up an arbitration.
OK.
I looked in the file.
Northeastern Atlantic is the insurance carrier for American Mine Workers.
Right.
You're representing a coal company? What did you do to that girl? - Hey, Lulu.
- Burton, hey.
- How are you doing? - I'm well, thanks.
Yeah.
You look, uh, beautiful.
[Laughs.]
Thank you.
I'd still like to have that dinner we all talked about.
Oh, well that would be nice.
Yeah.
Let's do it.
Um, so, anyway, what we were just discussing is going to be scheduled for tomorrow.
Great.
Thank you.
- OK.
Good to see you, Burton.
- Good to see you.
Thanks.
So, that new girl got releases from five families - down in Vernon.
- Right.
She said you'd take care of the other two, right? That's right, yeah.
You need any help finishing that up? No, no.
What about the sick girl's family? It's not a good time.
She's in the hospital, being treated for cancer.
It's not a good time.
Good time for whom? Doesn't matter if it's a good time, Nicholas, for anybody except for Hostetler Coal.
This is an addendum to your previous release.
It asks you to waive any present or future claims against Hostetler for any injury that you or your family may suffer as a result of their maintenance to the mines.
You mean, like if we get hurt if the mine collapses or something.
Any injury resulting from the maintenance of their mines.
What kind of injury? Injury can be defined as anything that affects your health.
Should I get a lawyer or something? That's up to you.
But I'm asking you.
I can't advise you.
Why not? Well, I represent the coal company.
You understand that? Well, yeah, but you're helping us.
The insurance matter is separate from these releases.
But you think this is a good deal? It's what the company is offering.
[Sighs.]
You don't need to sign it now.
It's a big decision.
We can talk about it tomorrow, all right? Ezra Pence he doesn't want money.
What does he want? He wants an apology.
Mr.
Fallin, my family has owned this company for five generations, and we've employed tens of thousands of workers in the state.
I have nothing to apologize for.
It is cheaper than the alternative.
I'll set something up.
What about this Nystrom guy? Uh, he hasn't signed yet.
Oh.
Does he have a lawyer? I don't believe so.
Well, advise me.
You need to pay real money.
But you've been able to collect those medical releases signed by everybody for $20,000.
The Nystrom girl is already sick.
If the father did decide to go after you now and he got an expedited trial, you could end up paying millions.
What's the number? I think I could get him to go for 500,000.
I won't go beyond 300.
And you do your very best to keep it well below that.
Of course.
You're sure this is the best way to go? - Yes.
- You're sure? Yes.
- OK, let's do it.
- All right.
Sadie? What were you doing in there? Your father asked me to take care of this.
You had the Nystroms sign? He settled all claims for 25,000 No.
No, no, no.
L I told you that I would handle the Nystroms.
I was just doing what your father asked me to do.
[Burton.]
So, the other guy says "Well, I'll tell you what "why don't you take six of one, "and I'll take the half a dozen of another?" [Laughter.]
[No audible dialogue.]
[Louisa.]
You heard the testimony of Dr.
Aaron Wasserman.
He stated under oath that inhibitor therapy might save Petra's life.
Might save her life.
He couldn't say for certain.
Well, certainty of result is not a standard in medical coverage.
[Man.]
This is not care that is generally accepted in the medical community.
That is the standard set forth in the policy.
Your company will deny just any claim it deems too expensive.
[Man.]
The fact remains that this treatment is not widely used Right, because insurance companies refuse to cover it as a matter of course.
[Man.]
As a matter of course, we refuse to cover care that is experimental.
You are right about that.
Have you thought about who you cover? Who the insured is is irrelevant.
[Louisa.]
Irrelevant? My client is a young girl that's about to die from cancer because your company wants to save some money.
I mean, I don't know what's more relevant than that.
I've heard your arguments.
You'll have our decision in a few hours.
Did that girl's family sign away her right to sue for damages? Right.
They signed for 25,000.
Well, you know, you did your job.
Yeah.
Right.
I'm sorry if l No, it's fine.
You know, I just thought that maybe I could, uh, help her.
Hey.
Why won't you talk to me about what happened the other night? What would you like to talk about? You know, just because I'm leaving doesn't mean that we can't have some kind of a relationship.
How? I still have feelings for you.
And I know that I kind of blew the whole thing You didn't blow it.
You didn't blow it.
Well, maybe we could try it again.
Are you still going away? Yeah.
But, um Well, I just can't see how it would work.
- He's here.
- All right.
Mr.
Pence.
This is Burton Fallin, Mr.
Hostetler.
You have my full attention, Mr.
Pence.
My grandson.
[Crying.]
He's dead.
He's dead.
[Sobbing.]
[Hostetler.]
Hell of a thing in there that old man.
- Hell of a thing.
- Yeah.
You get vilified.
A job like this, people can forget I'm just a human being.
Right.
People can forget that.
So I have a huge investigation with the state regulators.
They're claiming we're overcharging the distributor who delivers to minority neighborhoods.
Of course, that's not true.
But it's bad press.
And the civil penalties could really sting if they can prove it.
- Are you game? - Sure.
The arbitrator ruled against you.
So, what does that mean? The insurance company won't pay for Petra's care, and you can't appeal.
Well, the money from Hostetler will be coming in soon.
The therapy's going to cost a lot more than that, Paul.
Is there anywhere I could go, like a bank or something? I don't know.
Well, we can stay here, right? I mean, the the chemo might work, you know? They might be able to cure her here.
Hey, man, come on.
You did your best.
Well, uh Leaving already? Yeah, I've got to get back to work.
Nick.
About what happened at the hospital No, it's OK.
I did ask you to help me.
Well, for what it's worth, it was a pleasure working with you.
You, too.
Hopefully it won't happen again soon.
Nick.
Nick.
I, uh heard that we officially picked up Hostetler.
Yeah.
Well, the biggest client we've ever had.
Right.
Congratulations, son.
Good job.
Mathers Industries, Kelton Rubber, Nathanson Auto Parts [Nick.]
Right.
[Burton.]
Henderson Box and Paper.
Bluestone Plastics [Nick.]
Right.
L&T Holding Corporation, Rightvision Communications, Sklar Chemical, and Allegheny Electric.
Allegheny Electric is my client.
Nicholas, I brought them in back in 1967.
And I've kept them here for the past seven years.
But I brought them in.
All right.
I'm willing to give you 50% And from now on, you only get what you bring through the door.
OK? Yeah, fine.
[Door closes.]
[Hostetler.]
This is a great relief.
[Clay.]
The prosecutor was just looking for headlines.
Well, I can't thank you enough.
Well, hopefully you won't have to hire me again.
Hey, Clay, you represent Phil Hostetler? He was referred to me on this one matter.
- How did it go? - How did it go? A 17-year-old kid falls down one of Hostetler's old mineshafts and dies.
Some prosecutor down in coal country indicts Hostetler for negligent homicide.
I get him off with a $500 fine.
You try to get his corporate work? He's been with Swann & Cranston for 35 years.
You didn't try to get his corporate work? If you land him, I want 50% of the source credit.
Hold it a sec.
Thank you.
Mr.
Hostetler.
Nick Fallin.
- Oh, nice to meet you.
- You, too.
I know your dad.
I'm sorry about Harold Cranston's retirement.
Harold's retiring? Well, if he's not, he should.
[Chuckles.]
He hasn't said anything to me about that.
It's got to be tough being Hostetler Coal when the environmental groups, the unions, the press everyone hates you.
That's not an effective way to land a client, son.
Well, our firm is very good at dealing with companies that are targets of frivolous lawsuits.
We work with you at stopping small problems from snowballing into big ones.
In effect, we save you on billable hours.
We're just a better fit for you, Mr.
Hostetler.
Why else would Cranston send you over to work with Clay Simms at our office? We have everything you need under one roof.
There's a small coal fire burning close to Donora.
The reason I thought of it we discovered when we were investigating that mine where the young man fell.
How did it start? Probably some locals burning trash too close to a coal seam.
What can I do for you? Vernon, Pennsylvania.
It sits right on top of one of my mines, five miles from the fire.
All the mines are connected, so it's a matter of some concern if the fire should spread to Vernon.
I see.
How big is Vernon? About seven houses, Well, uh, you could pay residents to waive their rights to future property damage claims.
I could go out there and have them sign releases.
How soon could you get this done? I could go out there today.
Very well.
The job's yours.
~ Well, there is trouble ~ ~ In my mind ~ ~ There is dark ~ ~ There is dark and there is light ~ ~ There is no order ~ ~ There is chaos ~ ~ And there is crime ~ ~ There is no one ~ ~ Home tonight ~ ~ In the empire of my mind ~ ~ There is trouble in my mind ~ How'd it go? Yeah, he gave us a matter a coal fire they discovered when that kid fell.
- OK.
- OK what? I brought Hostetler in the door.
I want 50%.
- You're kidding.
- I brought him in the door.
Fine.
There's something else.
You know that associate I brought with me Sadie Harper? Never met her.
She worked on Hostetler's defense, knows the town of Vernon very well.
She could be an asset to this civil matter of yours.
She's a criminal attorney.
She could be an asset.
Is this what you wanted to talk to me about? Yeah.
She spent a month down in Vernon investigating the accident.
Knows the town very well? So, I thought maybe you could take her on.
[Chuckles.]
How long have you been sleeping with her? A year, on and off.
Does my father know you've been on and off her for the past year? I'm telling you.
He's not going to be very happy.
You're a partner, she's an associate.
- I'm aware of that.
- Yeah.
And you plan to continue seeing her? Yeah, of course.
She's a great lawyer.
Good for you.
Fine, I'll take her.
Thanks.
I get all of Hostetler.
You're kidding.
Sadie, right? - Right.
- Nick Fallin.
- Yes, hi.
- Nice to meet you.
Um, can you sign this? It's a consensual relationship agreement.
It states that your relationship with Clay Simms is voluntary, mutual.
I know what this is.
- I need you to sign it.
- I'm not signing this.
You're not? All this release does is protect you.
It's a standard form, Sadie.
- Would you sign this? - Sure.
Let's say you're still an associate, and a 40-year-old female partner is banging you.
You know, takes you up to the house on weekends, expensive dinners, bad skiing.
Then one day she wants you to sign a form, in case she gets bored with you and doesn't want you around anymore, and she can fire you without any repercussions.
Think about it.
Are you saying I have to do this? No, I'm saying you should think about it.
I'll get back to you later.
Something else? I understand you've been to Vernon, Pennsylvania.
We settled that case, thank God.
[Train whistle blows.]
[Nick.]
Why are we parking here? [Sadie.]
Trust me, it's better this way.
These people don't want to see this car.
In order for the releases to be binding, we need to give each resident a disclosure report.
Have them read it before they sign.
Right.
It just says their, uh their town is built on a coal mine, and there's a chance that, at some point, that mine could catch on fire.
There's an outside chance that their property might collapse a bit.
You know, those mines are cut Collapse a bit? What do you know about coal fires? Just what I read before I left that they're hard to put out.
Take a big seam of coal say, 40 million tons.
It sets on fire, you've got the world's biggest barbeque pit.
The only difference is, your hibachi burns at about 400 degrees.
Coal fires burn at 2,000.
At that temperature, it would take 100 years to burn itself out.
[Nick.]
I want you to take the Harrisons, the Stryzinskis, and the Pences.
[Sadie.]
You want me to walk into these people's houses by myself? Yeah.
Have you taken a good look at me? Yeah, I, uh I noticed that you're, uh That I'm wearing Prada.
Yeah, I noticed.
Well, I'll meet you back here in an hour.
[Ring.]
[Ringing.]
Hey.
Hey yourself.
Uh, is your mother home? Mother's dead.
- I'm sorry.
- That's all right.
She died when I was born, so I didn't know her at all.
[Coughs.]
Is your father home? You handing out Watchtowers? What? - Are you a Jehovah's Witness? - No.
Because the only people that ever come here all dressed up are the Jehovah's Witnesses.
No.
Not a Jehovah's Witness.
Come on in.
My daddy's out back.
Daddy! Someone's here! Why did the chicken cross the road? To, uh, get to the other side.
Right.
But why did the pigeon cross the road? Because it was nailed to the chicken.
You don't think it's funny? What's your problem? What can I do for you? So, Hostetler's just going to give me $20,000? If you sign.
Well, that's crazy.
That's business.
Why would they do that? - Mr.
Nystrom - [girl coughing.]
Like I said, there is a slight chance the ground might downgrade a bit over time.
It's all in these disclosure reports.
[Coughing.]
Sweetheart, are you OK? Yeah.
Did you know Judge Judy was a lawyer before she was a judge? No.
She was.
Mr.
Nystrom, this form, the offer - it's only good today.
- Today? We'd like to get this wrapped up as soon as possible.
[Girl coughing.]
[Girl.]
Daddy? Daddy? I'm sorry.
I have to Could you just come back tomorrow? Honey? Honey? [Coughing continues.]
I got two of your releases signed.
- The third's not going to happen.
- Why not? The guy's name is Ezra Pence.
He's the grandfather of the guy that fell down that mine.
He didn't like the way we handled the case.
What did you do? We established that his grandson was drunk and none too bright.
Well, we have to come out here again tomorrow.
- We? - Yeah.
Let's go.
- Good morning.
- Good morning.
- Mind shutting the door? - Sure.
About the consensual relationship agreement - I thought about it.
- Good.
Clay, you and I will no longer be seeing each other socially.
Sadie.
Nick, I will finish off this civil matter, then go back to criminal practice, which is what I came here to do.
So, this is no longer necessary.
Sadie, you're overreacting Whenever you're ready, we can go back down to Vernon and finish what we started.
So, I spoke to my client.
He is willing to increase the offer to 22,500.
Right.
That's two thousand and five - Hundred.
Right.
hundred more.
[Sighs.]
No, I can't take that.
Dad? Petra, mind your own business.
Mr.
Nystrom, this is the most my client can offer.
No, see, I already signed the one you left for me last night.
I already took your first offer.
Well, just just sign this one.
- But what about that one? - Just sign that one.
Just sign that one.
Well, thank you, man.
[Petra coughing.]
[Glass shatters.]
- [Coughing.]
- Honey? Daddy.
Is she all right? [Coughing.]
It just started last night.
She should see a doctor.
Well, the clinic shut down last year.
You know, I represent the county hospital in the city.
You could go and take her to see Dr.
Aaron Wasserman.
I'll write it down.
Use my name, OK? Hey, man? Thank you.
For everything you've done for us.
[Coughing.]
[Sadie.]
Stop it! Just Hey! You're going to threaten me with that, you better be prepared to use it! Get off my property! I will turn my back to you, and you put that down! Put it down, put it down.
Let's go.
Did you get him to sign? Thank you.
Thanks.
Thanks for coming.
I know you didn't want to, but I really think that we should talk about things, get it all out in the open.
Well? Heh.
Yeah, yeah.
Right, because before I leave, I think that it would be nice for us to have some kind of an ending.
Or, you know, some kind of closure.
- Closure? - Right.
Nick.
Yeah.
I'm sorry that I hurt you.
I want you to know that.
It was never my intention.
Do you want to come back to my place? What? You heard me.
Heh.
Nick Well, do you? Good morning.
Louisa Archer called for you three times.
Also, a man named Paul Nystrom something about County Hospital not releasing his daughter.
He said you'd understand.
They won't let me take her out of here, and my car broke down in the parking lot, and I can't afford to spend the night in some motel.
Just wait here a second.
Excuse me.
Dr.
Wasserman? What's going on with Petra Nystrom? Um, we did an ultrasound.
The fetus is microcephalic.
Small-headed.
Probably blind, deaf, possibility of mental retardation.
- Did you talk to him about this? - Yeah.
This is why you want to keep her in here tonight? Petra's a strange case.
Fluid in her lungs.
Looks like pulmonary edema.
What would cause that? Could be a number of things.
Environmental? In a girl this age, the chances are good.
Her father wants to take her home tonight.
That's a risk.
But if he insists on taking her home, I can't stop him.
Have him get an AMA from the admitting nurse, sign it, bring her back here tomorrow for tests.
All right.
OK, you have to sign an Against Medical Advice release.
See the admitting nurse, then you can take her home.
OK, I'll sign it.
Uh, Mr.
Fallin? Do you know if there's any buses that go from Pittsburgh to Vernon? What the hell do you want? Mr.
Pence, my name is Nicholas Fallin That colored girl told lies about my grandson.
She lied.
Mr.
Pence, I'm here to offer you She said he was drunk! Said the accident was his fault.
I know nothing about that situation.
I'm here to talk to you about your property.
That blackie walks on my property again, I'm going to put a bullet in her head.
Mr.
Pence my associate's name is Sadie Harper.
Now, Mr.
Hostetler is willing to negotiate.
I read the papers that girl left.
Hostetler's a liar.
He's always been a liar.
OK, just today, I can increase the offer to $30,000.
My grandson wasn't a drunk.
He wasn't.
Lived with me almost his whole life.
- A good kid.
- I'm sure he was.
I worked for Hostetler Coal.
$30,000 is at least three times the value of this property, Mr.
Pence.
You know how many miners died down there over the years? It's like going to war.
Working down there is no different than going to war.
I appreciate your time.
If you reconsider, that's my card.
Thank you.
The report said the fire is burning in Henderson Hills.
You can tell Phil Hostetler he's full of crap.
What's it going to take, Mr.
Pence? Will you speak up?! What is it going to take? $40,000! I can do that.
Sure.
Just sign here.
Fire's burning right under your feet, you know? I can smell it.
Smoke comes up.
It's even worse over there in the cemetery.
Thank you, I appreciate it.
I'll process your check immediately.
[Pence.]
It's burning under your feet! You tell him that.
Mr.
Hostetler, coal fires release toxins, right? Our position is, there's no evidence linking coal emissions with health problems.
There have been no definitive studies.
There's a family they signed a release.
The daughter her unborn child is sick.
OK.
And the girl has pulmonary edema.
Right.
It's quite an unusual condition for a 14-year-old.
Well, so is being pregnant.
[Chuckles.]
Yeah.
The doctor says that her problems may be environmental.
Convenient.
So, you don't want to do anything? Oh, this happens all the time, Mr.
Fallin.
Well, if there's a coal fire burning underneath Vernon We don't believe the fire has spread to that area.
If people do get sick, they could trace it back to your corporation.
Yes? You may want to consider injury releases.
But we don't know if we've made anybody sick.
Would you rather spend a little bit now or a lot later? Mr.
Nystrom.
The doctors are saying that Petra has cancer.
Oh, I'm sorry.
And they're going to have to abort the baby before they can treat her, or she could die.
Anyway, I was just wondering if maybe you could come down there and talk to your friend.
Mr.
Nystrom, could we take this into my office? Because they're trying to move her somewhere else.
They're saying they can't treat her there.
Well, it's not really my place to But you know him.
We did an MRI.
Tumors have perforated the lung membrane a sign of a very aggressive cancer.
What can you do for her? The treatment she needs is way beyond our resources.
The baby? She'll have to terminate the pregnancy if she wants to treat the cancer.
Where are you going to send her? She has to stay here for now.
But Petra's best shot is angiogenesis inhibitor therapy.
It cuts off blood supply to the tumors.
But it's relatively new, and, unfortunately, Mr.
Nystrom's insurance carrier is refusing to cover it.
Why? They claim it's experimental.
We could put her through the traditional treatment chemo, radiation but from my experience, I haven't seen that work on something this aggressive, and I've never seen it work on a girl this age.
Who's the insurance carrier? Mr.
Nystrom is still covered by his old health plan from when he was a miner.
I'll fax you over the contact information.
Thank you.
Mr.
Nystrom, you need to sign some consent forms for the abortion.
Well, good thing I signed that form for my property.
At least I got that money coming in.
Right.
Maybe I can use that to pay for what she needs.
- Hey.
- Hey.
So, I hear you're trying to take Hostetler away from Cranston.
Yeah.
We land those guys, we'll need an environmental lawyer.
Someone who really knows the ropes around the federal courts.
I know that, Dad.
What? There's this girl 14 years old.
She has cancer.
She needs a lot of expensive treatment.
Her father's insurance company doesn't want to pay for it.
So? Hostetler Coal may have made her sick.
How? Toxins from the coal fire.
So, Hostetler wants to settle her out cheap, huh? Of course.
Her family got a lawyer yet? No, but they're beginning to trust me.
Well, I know it's tough for you son, but you've got to get them to sign.
Yeah.
The money Hostetler's offering isn't going to begin to cover medical fees.
Hostetler retained you? That's right.
So, you've got to be above board and just explain everything to the family.
Yeah, of course.
- Your job is to - I know what my job is, Dad.
Well, then Right.
Big coal.
Hey.
How are you feeling? OK, I guess.
I'm sore a little.
I got you something.
A Watchtower? Um, where's your father? He went to get coffee.
You know, she was dead already.
What? The baby died before the operation.
Oh.
I'm I'm sorry.
No.
It's OK.
I'll see her soon.
I heard my doctor tell my dad that I probably wouldn't live.
So I'll see my baby soon.
Nick.
Hey.
I, uh I made an appointment with the insurance company for later today.
So, you think you can get them to pay for Petra's care? I'll try.
Well, thank you, man.
Um Well, I'll see you later.
- Enjoy the read.
- [Laughs.]
Hey.
Did you just come down here to see how she was doing? Yeah.
Yeah.
[Knocks.]
You got a minute? Yeah.
I have a guy from American Northeastern Insurance - in the meeting room.
- What? There's a guy in the meeting room from No, I heard what you said.
You want to talk about a case? That's right.
I called you three times.
I know, I know.
Listen, I need you to be the attorney of record on this case.
Nick, we had sex the other night.
I mean, you don't even want to talk about what happened? The company I represent may be involved in this matter, so I can't have my name showing up on anything related to this.
There is a young girl that has cancer, and the insurance company won't cover her medical costs.
Can you help me out with this or not? - The guy's name is Cabe Goodman.
- OK.
He's going to argue that his company is only required to cover standard and generally accepted medical care.
You need to argue bad faith.
They're rejecting this claim as a matter of course.
I know what bad faith is.
Their company rejects 78% of claims that cost more than a quarter million.
They routinely deny care for people living under the poverty line.
All right, got it.
Hey.
Thank you.
I don't care how much he's offering.
If you signed this second release, Mr.
Pence, my client would have given you $60,000.
- Given me? - That's right.
I gave the Hostetlers 53 years of my life, my friends and family.
Most of them died for that man in the mines of emphysema, terrible accidents.
Hostetler killed this town.
He polluted the river, destroyed the mountains.
Nobody wants to live here anymore.
And you say he's giving me something? You signed the first release, Mr.
Pence.
I'm sorry I did.
You tell Mr.
Hostetler if he gives me ten minutes of his time and an apology, I'll sign that second form for nothing.
Ten minutes of his time? That's what I said.
Hey.
Well, the insurance carrier won't budge, claims it's experimental care.
Right.
So, I set up an arbitration.
OK.
I looked in the file.
Northeastern Atlantic is the insurance carrier for American Mine Workers.
Right.
You're representing a coal company? What did you do to that girl? - Hey, Lulu.
- Burton, hey.
- How are you doing? - I'm well, thanks.
Yeah.
You look, uh, beautiful.
[Laughs.]
Thank you.
I'd still like to have that dinner we all talked about.
Oh, well that would be nice.
Yeah.
Let's do it.
Um, so, anyway, what we were just discussing is going to be scheduled for tomorrow.
Great.
Thank you.
- OK.
Good to see you, Burton.
- Good to see you.
Thanks.
So, that new girl got releases from five families - down in Vernon.
- Right.
She said you'd take care of the other two, right? That's right, yeah.
You need any help finishing that up? No, no.
What about the sick girl's family? It's not a good time.
She's in the hospital, being treated for cancer.
It's not a good time.
Good time for whom? Doesn't matter if it's a good time, Nicholas, for anybody except for Hostetler Coal.
This is an addendum to your previous release.
It asks you to waive any present or future claims against Hostetler for any injury that you or your family may suffer as a result of their maintenance to the mines.
You mean, like if we get hurt if the mine collapses or something.
Any injury resulting from the maintenance of their mines.
What kind of injury? Injury can be defined as anything that affects your health.
Should I get a lawyer or something? That's up to you.
But I'm asking you.
I can't advise you.
Why not? Well, I represent the coal company.
You understand that? Well, yeah, but you're helping us.
The insurance matter is separate from these releases.
But you think this is a good deal? It's what the company is offering.
[Sighs.]
You don't need to sign it now.
It's a big decision.
We can talk about it tomorrow, all right? Ezra Pence he doesn't want money.
What does he want? He wants an apology.
Mr.
Fallin, my family has owned this company for five generations, and we've employed tens of thousands of workers in the state.
I have nothing to apologize for.
It is cheaper than the alternative.
I'll set something up.
What about this Nystrom guy? Uh, he hasn't signed yet.
Oh.
Does he have a lawyer? I don't believe so.
Well, advise me.
You need to pay real money.
But you've been able to collect those medical releases signed by everybody for $20,000.
The Nystrom girl is already sick.
If the father did decide to go after you now and he got an expedited trial, you could end up paying millions.
What's the number? I think I could get him to go for 500,000.
I won't go beyond 300.
And you do your very best to keep it well below that.
Of course.
You're sure this is the best way to go? - Yes.
- You're sure? Yes.
- OK, let's do it.
- All right.
Sadie? What were you doing in there? Your father asked me to take care of this.
You had the Nystroms sign? He settled all claims for 25,000 No.
No, no, no.
L I told you that I would handle the Nystroms.
I was just doing what your father asked me to do.
[Burton.]
So, the other guy says "Well, I'll tell you what "why don't you take six of one, "and I'll take the half a dozen of another?" [Laughter.]
[No audible dialogue.]
[Louisa.]
You heard the testimony of Dr.
Aaron Wasserman.
He stated under oath that inhibitor therapy might save Petra's life.
Might save her life.
He couldn't say for certain.
Well, certainty of result is not a standard in medical coverage.
[Man.]
This is not care that is generally accepted in the medical community.
That is the standard set forth in the policy.
Your company will deny just any claim it deems too expensive.
[Man.]
The fact remains that this treatment is not widely used Right, because insurance companies refuse to cover it as a matter of course.
[Man.]
As a matter of course, we refuse to cover care that is experimental.
You are right about that.
Have you thought about who you cover? Who the insured is is irrelevant.
[Louisa.]
Irrelevant? My client is a young girl that's about to die from cancer because your company wants to save some money.
I mean, I don't know what's more relevant than that.
I've heard your arguments.
You'll have our decision in a few hours.
Did that girl's family sign away her right to sue for damages? Right.
They signed for 25,000.
Well, you know, you did your job.
Yeah.
Right.
I'm sorry if l No, it's fine.
You know, I just thought that maybe I could, uh, help her.
Hey.
Why won't you talk to me about what happened the other night? What would you like to talk about? You know, just because I'm leaving doesn't mean that we can't have some kind of a relationship.
How? I still have feelings for you.
And I know that I kind of blew the whole thing You didn't blow it.
You didn't blow it.
Well, maybe we could try it again.
Are you still going away? Yeah.
But, um Well, I just can't see how it would work.
- He's here.
- All right.
Mr.
Pence.
This is Burton Fallin, Mr.
Hostetler.
You have my full attention, Mr.
Pence.
My grandson.
[Crying.]
He's dead.
He's dead.
[Sobbing.]
[Hostetler.]
Hell of a thing in there that old man.
- Hell of a thing.
- Yeah.
You get vilified.
A job like this, people can forget I'm just a human being.
Right.
People can forget that.
So I have a huge investigation with the state regulators.
They're claiming we're overcharging the distributor who delivers to minority neighborhoods.
Of course, that's not true.
But it's bad press.
And the civil penalties could really sting if they can prove it.
- Are you game? - Sure.
The arbitrator ruled against you.
So, what does that mean? The insurance company won't pay for Petra's care, and you can't appeal.
Well, the money from Hostetler will be coming in soon.
The therapy's going to cost a lot more than that, Paul.
Is there anywhere I could go, like a bank or something? I don't know.
Well, we can stay here, right? I mean, the the chemo might work, you know? They might be able to cure her here.
Hey, man, come on.
You did your best.
Well, uh Leaving already? Yeah, I've got to get back to work.
Nick.
About what happened at the hospital No, it's OK.
I did ask you to help me.
Well, for what it's worth, it was a pleasure working with you.
You, too.
Hopefully it won't happen again soon.
Nick.
Nick.
I, uh heard that we officially picked up Hostetler.
Yeah.
Well, the biggest client we've ever had.
Right.
Congratulations, son.
Good job.