Burden of Truth (2018) s01e08 Episode Script

Hang Together

1 You're actually giving up on the case? I'm not giving up.
There is no case.
The court rules in favour of the motion to strike.
The case is dismissed.
My stepdad used to call David Hanley the Grim Reaper.
My ex is moving.
He's got a job in Winnipeg.
Our marriage was terrible, but we're great at co-parenting.
I can count on him.
All you need to do is sign this.
A non-disclosure agreement? My dad's sins caught up to him.
That's why we left.
If he finds out I'm talking to you, I'm dead.
Just give me something I can use.
Southvale Farms, you gotta go back.
Take a closer look.
- So why are we here? - We have to find out exactly what's in the ground that made Amanda and Steve sick without attracting any attention.
And how exactly do we do that? Ground penetrating radar.
I paid for law school working summers for Jack's crew.
We'd see the pipe lines before we even picked up a shovel.
Thanks for meeting with us.
You're going to have to make this quick.
We're already behind on this job.
We need a utility scanner.
We don't think that the athletic field is the only place where Matheson Steel dumped.
You really think Ben knowingly did this? We need to find out for sure.
For Georgia.
Oh, hey! Luna, let me get that.
I got it.
We don't know what's in this water.
Well, I wasn't gonna drink it.
Look, this has been disproportionately affecting young women.
I don't want you this close to it.
Thank you.
[SIGHING] Damn it.
Jack, you find anything over there? Nothing yet.
Where does this property end, exactly? 20 feet over that hill.
Then you're into the buffer: the no-man's land between my property and the neighbour's.
Nobody owns it.
That makes 23.
That's a lot.
This is way bigger than we thought.
We need to get these samples tested right away.
If it tests positive for benzene, then we have a good chance at certification.
Ehm, before we can have a class action, we have to ask the court to certify.
Certification determines Whether the proceeding should be appropriately prosecuted as a class proceeding.
Very good.
Certification is leverage, which gives us bargaining power when we try to settle.
So that's our goal? Settling? I know it doesn't sound like a win, but if we go to trial, then it's 2-1 that we lose.
And then we get nothing.
23 barrels in the field, and we still can't tie it to Matheson Steel.
- But our whistleblower can.
- Nate Dawson? He's no help to us unless he signs an affidavit before the hearing.
I'm supposed to meet with him in a few minutes.
Well, you better get going then.
Luna, you can help me amend our argument.
All right! [SOFT MUSIC] Morning.
You're still here.
Aren't you late for work? I called in sick.
I thought maybe we could sleep in, watch a movie in bed.
I have a job.
Ah What's going on? - Nothing.
- Spill it.
[SIGHING] I I didn't sign up for this.
I can't make a difference from the copy room.
Mercer's making my life a living hell.
[SIGHING] But you think he's on the take.
What do you want me to do? Confront him about a new set of golf clubs? Would you ever consider going back to Winnipeg? I think I'd consider everything else first.
Then as far as I can see, you don't have any option but to settle your differences.
I can't work with someone who picks and chooses who he serves and protects.
Be the better man, so you can get back out there and protect the ones he won't.
Joanna's not here.
Unless you're looking to go another few rounds? I come in peace.
What did you have in mind? Actually Matheson Steel has authorized me to make a settlement offer.
Really? $2 million, but only for the named plaintiff.
- Molly.
- That's right.
It is an exclusive offer.
One that I would like to discuss with her legal counsel in private, please.
Give us a minute.
You can't make an offer only to Molly.
I already did.
I'm actually surprised that you're not more excited that I just brought this generous offer to your niece.
I won't cut the other girls out.
- Court won't allow it.
- Forget about the court.
My client is gonna give Molly $2 million, and you just have to convince the others to drop the suit.
Billy, your sister, your niece they will be set for life or we'll crush you at trial.
We have new evidence.
How long are you gonna keep fighting? As long as it takes.
You got the bills.
They're already piling up, and if I know Joanna, she's probably hired the best scientists, expert doctors and you're the one who's squeezing the space on the credit card.
$2 million for Molly.
We'll give you 100 grand.
We walk away.
Out of the question.
Why? Because it's unethical? That didn't stop you with Houghton Hills.
We do our homework.
Does your co-counsel know about your little gaffe? You're not gonna blackmail me into taking this offer.
Maybe not but as your niece's legal counsel, you are obligated to take her all settlement offers.
Let's see what she has to say to $2 million.
[TENSE MUSIC] [COUGHING] Taylor? What're you doing? Just getting used to not going anywhere.
[SIGHING] Honey Court? Work first, then I should be there with the girls.
Sweetheart, we spoke about this.
I can't have my own child suing me.
Joanna said that we're not suing you.
We're suing the mill.
I am the mill for better or for worse, honey.
So are you.
You you don't remember having this conversation? I I remember you used to want me to go off and get a law degree, come back and learn the steel business.
"Not enough strong women in steel," "but Taylor you can change that.
" - Well, you still can.
- Yeah.
Me and the hole in my brain will take the steel world by storm.
All right.
Listen, honey, um I'm your father, and you're gonna let me take care of you.
Now, we have some money set aside.
We have nothing to worry about.
What about my friends? Right.
That's what I thought.
[INDISTINCT SPEAKING] How much did she tell you? Just the $2 million part.
Luna, seriously, you cannot You kicked me out, OK? I got bored.
That's a That's a lot of money.
Just think about what we could do with that.
The places we could go, the things we could buy.
We could get a boat.
OK, or we could get a house.
This money has to last my whole life.
Fine, so let's get a houseboat and become pirates.
Yes! And then we'll save the rest.
Lisa's dad can teach me how to make the money last because he's a CPA.
Have you told her yet? No.
Why not? Because the offer is only for you.
You're the named plaintiff.
They wanna pay you and convince the others to drop the suit.
I would get rich, and the others would get nothing? Mm-hmm.
[SIGHING] [EXHALING HEAVILY] I'd like to depose you.
Have you sign an affidavit so we can use it in court.
You want me to go on the record? I'll lose my job, my pension.
That is a risk, but without you, we may lose this case.
And nobody gets nothing? I already pointed you to where the barrels were.
That should be enough.
In cases like this, it's it's never quite enough.
[SIGHING] The people in this town, they talk.
I don't wanna be remembered as the guy who killed the mill in a place called Millwood.
To these girls, you'd be remembered as the guy who did the right thing.
Alan came to me with a settlement offer.
Only for Molly.
How much? - 2 mill.
- What'd she say? She's thinking about it.
What'd you tell her? As her lawyer, to turn it down.
And as her uncle? These things can go on forever.
Look at the Love Canal.
I don't want her life to be over before she ever sees a dime if she ever sees a dime.
Billy, this is good news.
If they're willing to make an offer to Molly, then they're willing to deal with all the girls.
- Exactly.
- [DOOR BELL JINGLING] I need to talk to you.
- She knows.
- Good then you can both hear this.
I thought about it.
I can't take the money.
It isn't right.
We all get paid or none of us do.
[SOFT MUSIC] I've missed you at home.
I've been working on the case.
I know you're testing your wings, taking time on your own, but we only have a few months left together before you move to Montreal.
Could we try to be a family a little longer? Why did you lie to me about him? Who is it you think I lied about? David Hanley.
Some things Some things I hope you never have to understand.
So you let me figure them out on my own.
I was trying to protect you! Yeah, you have a funny way of showing it.
It hurts so much to be abandoned by someone you love.
And if you thought it was just my fault just a one-time thing.
I wanted you to grow up with the confidence that your dad leaving had nothing to do with you.
You understand me? Nothing! Does it ever get easier? We have each other.
We're pretty great.
Come here.
Will you please come home? Yeah.
So what do we ask for? The conventional rule is never be the first one to say a number.
But me, I go big.
So just how much is a life worth? Worst case scenario, these girls are never able to support themselves.
Worst case.
What a nice surprise.
At a negotiation meeting? These are my clients too.
$5 million per girl.
Let's get right into it.
Joanna, this is a small town steel mill.
You can't expect them to have that kind of money just kicking around.
Yeah, but their parent company does.
P and L did 1.
2 billion in revenue last year.
Yeah, but you're not suing P and L.
You can't pierce the corporate veil and prove that they had any knowledge of your allegations.
- You don't know that.
- OK, so what's your counter? 2 million total paid out over the next 20 years.
You really think the livelihood of six girls is worth that little? It's five girls.
Taylor Matheson's no longer part of your class proceedings.
Either way, that offer is too low.
Samples from our new evidence tested positive for benzene.
We're confident in our prospects should this go to trial.
More unproven allegations.
We have someone who is willing to testify that they were dumped there by your client.
Who? 1 million per girl paid out over 5 years.
I told you the offer was only for the Ross girl, not all of them.
I know, but they're willing to talk, and I looked at the numbers.
Did I ask you to look at the numbers? Insurance will cover the bulk, the mill can stay open and this will all be over.
Alan, the offer was supposed to divide them.
You haven't done that.
Instead, you've weakened our position.
- I stand by my play.
- You do, do you? Even though it was the wrong one? Look, all due respect, if they certify their class, their ask will be double.
Based on what evidence? Apparently, they have a new find eyewitness.
To the dumping of barrels? That's right.
The evidence is starting to fall less in our favour.
Don't settle.
We'll destroy them in certification.
- Do you hear me? - Yes, sir.
[TENSE MUSIC] I'm sorry.
I can't make those numbers work.
You say hi to my father for me? You know, if you two would just talk, it would make this a lot simpler.
Nothing is simple with my father.
Job before personal.
Didn't you teach me that? - You're going to regret this.
- I already do.
See you in chambers.
I've been trying to get in touch with you.
Yeah, well, coffee time is my time.
Besides, I don't recall clearing you for duty.
Look with everything that's going on the town's been turned upside-down, and so have I.
That's your apology? You need me back out on the street.
No, not if you're getting in the way of honest folks looking out for themselves.
I get it.
My stepdad worked the mill 43 years.
He bled steel until the day he died.
The town comes first.
You have my word.
OK, then.
Get in.
You're riding with me today.
- Thank you.
See you later.
Foreman said you wanted to see me? Yeah.
Jeez, are you feeling OK, Nate? I guess so.
Did I do something wrong? Man, we go back a long way, Nate, so let's not beat around the bush.
- I think we owe each other that.
- OK.
My lawyers tell me that I have a problem.
- What kind of problem? - Well, it seems that somebody who works here has been talking to the other side.
Are you accusing me? [SCOFFING] No, no, no.
Accusing's for lawyers, Nate.
I'm just a working guy like you.
'Cause I don't know anything about that.
Yeah, well, the thing is that there's only a handful of people that it could be.
And I'm one of them? But you're the only one of them that I trust.
Nate, I need to get to the bottom of this.
My baby girl is sick.
They're coming after my business.
They're coming after me.
I wish I could help you.
Well, you can.
And you will.
I need you to talk to every man you used on those runs.
And tell them what, exactly? Well, you tell them to be careful.
And if they are and and they do right then this can all go back to normal.
I'm gonna figure it out one way or another, Nate.
All right.
Get back in.
Your mom let me in, but if you're busy, I can No, no! That's OK.
You can help me pick out what to wear to court.
My uncle told me to look smart but I have no idea what that means.
- You should wear this.
- Yeah.
It's either that or a pair of tearaways, so that'll have to do.
[COUGHING] Are you OK? Yeah, I'm just I haven't been feeling - really great lately.
- I wonder why? Yeah.
I'll be fine though.
I just want this to be over, you know? Yeah, but my uncle says these things can take years.
Oh, I'm not a part of the suit.
Remember? - What? - I texted you this morning.
- No - Or yesterday? I I swear I did.
I Well, does my uncle know? I don't know.
My dad begged me to pull myself out of it, - so - What?! That's bull! I'm sorry, but you're 18! You can do what you want.
What do you want? - I don't know.
- I'm sorry.
I can't imagine how complicated all this must be for you.
[SIGHING] I just want you to know that whatever you decide, I'm with you.
[MUTED]: Are you OK? [HIGH-PITCHED RINGING] Oh, my God! Taylor? Most likely, she fainted from the stress of the situation.
I keep telling you girls to take it easy.
Can stress also cause memory loss? Stress can do pretty much anything under the sun but her white blood cell count is elevated.
What does that mean? We'll do more blood work to rule some things out.
[BEN]: Thank you.
Don't worry.
Doctors make everything sound scary.
I'm not scared.
Well, you are certainly braver than me.
- [SIGHING] - Don't worry.
This'll all be over soon.
I promise.
[SOFT MUSIC] I don't think this deposition is a good idea.
It's not safe.
- We can protect you.
- No, you can't.
Matheson knows.
He confronted me.
I gotta get out of here.
- No.
He's probably bluffing.
- No, he's not.
I'm telling you, he knows I came to you.
And we're grateful for that.
Look, I gave you everything I got.
I don't know what else you want from me.
- We want your testimony.
- I can't do it.
Nate Nate! I'm sorry.
I wish we had the girls here.
We don't need them.
I think it helps.
Judges in this circuit, they like to see faces.
It's more personal.
Well, it would help to see them twitching.
I'm not saying that they should exaggerate it, but it wouldn't hurt us.
We'll just have to stick to the facts.
I would feel much more confident in those facts if we had signed affidavit from Nate.
They don't need to know that we don't.
They're gonna find out.
Not before we win certification.
We're gonna bluff.
Once we have certification, we'll be in a better position to negotiate.
It's not against the rules.
You'll be OK.
When I was at Ross-McCann I broke a rule.
You? I was suspended for violating my professional ethics.
That's why I left the firm.
I wasn't fired, I just came back here, tail between my legs.
What'd you do? I took a gift from the other side in exchange for a lower sum.
You're lucky you didn't get disbarred.
It was my first year.
I was young in a big city for the first time.
I was an easy mark.
I took 10% off the ask.
What'd they give you? A trip to Vegas.
[LAUGHS] I'm sorry.
Hey, I'd never been anywhere before.
CTS knows and they're trying to use it against me.
I just needed you to know.
Don't worry.
I know a lot about them.
Come on, Mr.
Let's go bluff.
[TENSE MUSIC] There you go.
Thanks for buying lunch.
You'll have to tell me your secret.
Secret? What do you mean by that? Ah Nothing.
Listen I know a cop in this town can only make so much, and we all have ends we gotta meet.
You keep this conversation going, I'll show you where you meet your end.
Relax! [CHUCKLING] I won big last week playing poker.
You know what? I almost felt bad taking all of McCurdy's money.
It's all good.
We both do our jobs.
You do it your way.
I do it my way.
At the end of the day, we're both good cops.
You don't think I'm a good cop, Owen? The young, eager-to-please officer.
You were so good at blending in, blue eyes.
What happened? Sir If you got something you wanna accuse me of, I'd rather you just say it to my face already.
I think you accept extravagant gifts to look the other way.
And that eager-to-please officer you're talking about? He's been biting a hole in his lip the entire time trying to stomach your small-minded, racist bullshit.
I can't do it anymore.
We have done extensive testing of the girls' athletic field at Millwood High and the surrounding area at Southvale Farms.
We have a witness who can link - both the barrels - Your Honour, the plaintiff's counsel has not submitted an affidavit for any witness.
Defence is correct.
Please confine your arguments to submitted materials.
If you will turn to the submitted soil sample tests, the chromatogram yielded identical chemical footprints for both the field and the area surrounding Matheson Steel Mill.
Your Honour, plaintiff's counsel is trying to establish fault at a certification hearing.
We request it be struck.
I am merely trying to assess commonalities, and the defence is trying to stall.
Please keep your interjections relevant.
You'll have your turn.
- We have no further arguments.
- Your Honour, the allegations are based on improper medical science.
There is no discernable proof.
In fact, volumes of contrary medical literature indicate no link between benzene and any of the symptoms characterized by the plaintiff.
None of these "medical volumes" have been submitted to the court.
Stick to the materials you submitted, Counsellor.
Your Honour, the plaintiff has shown no direct link between the benzene found in the field and my client's mill.
Further, certification should be held to higher standards to avoid an onslaught of frivolous litigation.
Are you finished? Yeah.
Given the specificity of the symptoms, and the applicants' established and equal use of the athletic field, the requirements for commonalities has been satisfied.
Certification is granted.
You may proceed as a class action.
She seems to be doing much better.
My friends came to visit.
Taylor, we need to talk.
- That doesn't sound good.
- What's going on? Her bloodwork's come back and I would like to do a bone marrow biopsy.
What does that mean? You think she has leukemia? I'd rather not jump to conclusions.
That's not a no.
I don't understand.
I have cancer? Sweetheart.
It's too early to say, but all the signs are pointing in that direction.
[INAUDIBLE SPEAKING] Leukemia is genetic, right? Typically, but it is known to develop from exposure to radiation [MUTED]: or toxic materials.
Given her age and medical history, if it is leukemia, her prognosis is still quite good.
It seems early enough that chemotherapy followed by radiation would be a strong first step, but let's not get ahead of ourselves.
[NORMAL VOLUME]: I know this is a lot to digest.
I'll give you some time together.
[SOFT MUSIC] I have been saving this for something special, but you know, I can't think of anything more special than this.
You should save it for when we win the case.
You are such a buzzkill sometimes.
It's a big win, Billy, - but it's just a checkmark.
- See? Buzzkill.
You know, growing up, I learned to celebrate checkmarks.
That's why they call me "Part-Marks" Crawford.
You know, this whole self-deprecating, small-town dumb guy routine? I'm not buying it.
You should go back to a big firm, give it another try.
Don't let one mistake stop you.
No, I'm not cut out for that.
You saved us today.
That was nothing.
That was not nothing.
To not nothing.
You guys are celebrating already? Would you like some? It's no ice wine, but It's only a checkmark.
Yes, but it is a checkmark next to our names and not yours.
You argued well today.
What do you want? Well, I just think, given the circumstances, we should resume negotiation.
We want double.
- 2 million per girl.
- You're joking.
Give me something reasonable.
I'll take it back to my client.
We did.
You rejected it.
If you won't take our new offer to your client, then there's nothing to negotiate.
We'll take this to trial.
Then we will drag this on for years and bankrupt you.
Miss Hanley.
Are you here to see Taylor? I'm sorry.
Yeah, well, it's It's not definitive, so Thank you.
If there's anything that we can do You could drop the case.
Wait a minute.
You didn't come here to see my daughter.
You came here to speak to your client.
In light of the new We were hoping she'd consider rejoining.
And your case gets bigger and bigger.
Lucky you.
This is not what we wanted.
But you'll use it to your advantage, huh? She's my client.
And I will protect her from anyone who hurts her.
SHE IS MY DAUGHTER, AND THAT'S MY JOB! Then protect her, Ben.
[BUZZING] Hello, Your Honour.
Yes, I understand.
Right now? Yes, I'm on my way.
For a second, I was worried you were having an ex-parte with the judge.
Care to explain? I'm as in the dark as you are.
I got a cryptic call.
I think our judge is a bit theatrical.
She's a judge in a small town.
This is pretty much her Super Bowl.
She said opposing counsel called the meeting.
If it wasn't you, then who did it? - I did.
- David.
We should get in there.
I think we've wasted enough of the court's time.
Please, have a seat.
Counselor David Hanley has brought to my attention his concerns of your impartiality.
What are you talking about? Joanna Hanley was a partner at CTS when this whole thing started.
I was partner very briefly and in name only, and have since tendered my resignation.
Your Honour, her partner position, however brief, allowed her access to privileged client information.
The McDonald Estate v Martin verdict says that she should be disqualified as counsel from these proceedings.
It is your obligation to disclose any and all conflicts of interest.
Your Honour, during my time at CTS, Matheson Steel was not a client.
Yes but P and L Steel was, and it so happens that they own Matheson Steel.
Well, that's a bit of a reach.
v Neil.
Unless I had actual access to confidential information relevant to the current matter, there is no conflict.
Except R.
v Neil was in regards to cases that were factually unrelated.
Your Honour, as an associate, Joanna oversaw the paperwork for P and L's acquisition of Fenn Pulp and Paper.
At that time, she had access to confidential financial and organizational records for P and L and all of its subsidiaries.
What happened to job before personal? Given the circumstances, I will require a formal motion hearing on the impartiality of Counselor Joanna Hanley.
Until the hearing, as to the matter of Ross et al v.
Matheson Steel, Joanna Hanley is hereby disqualified.
Thank you, Your Honour.
[TENSE MUSIC] Why'd you wait so long to play that card? You don't want a fair fight? I'm just representing my client.
- It's business.
- Gerrilyn, Luna? That just business too? How many times are we gonna do this? What about Erin Carr? [SIGHING] All right.
You want to know the truth? - Yes.
- OK.
Joanna, your mother was a mess Don't you pin this on her! - That's the truth! - You cheated! Yes.
Yes, I cheated.
I cheated! Which one are you talking about? Gerrilyn.
Gerrilyn was there for me.
When we were together, everything was simple.
It felt like love.
It wasn't.
It it was a mistake.
You had so many chances to tell me the truth! I was ashamed.
OK? I was I was ashamed.
That's the first honest thing I've heard from you.
Joanna I'm I'm really sorry.
Brought you some comfort food.
Nothing says your life's falling apart like a face-full of cheese puffs.
[LUNA CHUCKLING] Next time, I'll go with quinoa then.
Are you thinking about Taylor again? It just keeps playing over and [SIGHING] over in my head.
When she collapsed, I didn't even know if she was still alive and all I could think about was what if this happens to me? How selfish is that? No, not selfish.
Just honest.
I'm so tired and I'm totally at the mercy of this thing.
At any time, that could happen to me.
We're not in control of the illness, but we can choose how we're gonna fight it.
I'm gonna defer school until January.
Luna, you don't have to do that! I want to.
I wanna see the case through, and I wanna be here with you.
We'll weather this storm together.
In our house boat? I wish you would have called.
You called me, remember? I told you to end this.
I can't just wave my hand and make this go away.
Oh, no? I just did.
David, you and I both already knew about this.
Joanna is gonna win her appeal.
You're missing the point.
Listen, you've done a fabulous job getting us this far.
I'll take it from here.
That's unnecessary.
I've got everything under control.
Alan, CTS is a prestigious law firm.
We have a reputation to protect.
Now, don't take this personally, but we can't be losing motion hearings to a couple of small town yucks.
You know, all due respect, that's your daughter you're talking about.
Joanna's made her decision.
I can't protect her from herself, and neither can you.
[INDIE MUSIC PLAYING] [DOOR OPENING] [DOOR CLOSING] I didn't think I'd ever see you again.
I jumped in my truck and got as far as the Duclos bridge.
I know the place.
Yeah, the team used to go there sometimes after a win.
Drink Slurpees, toss stones in the river.
I'm not safe here, but standing on that bridge, thinking 'bout them I will be there right beside you.
For every step of this.
All right.
Let's get started.
It's just the middle of town It's just the middle Of sound It's just the middle Of town I've been blessed With such happiness - [PANTING] - But anyway Reeling it out And I must confess There'll be no prayer Now it's over And I feel it now