Mr. Richmond leans over and gently rubs his wife's back in a reassuring way. It’s clear that she is going to make the decision. "I don't think I could handle this type of sorrow for weeks and months. Let's take it and move on."
"We'll take it," Mr. Richmond repeats.
Andy privately thinks to himself that he has never had a major case where the settlement came so early and so easily. He quickly realizes the chances are good that every case will indeed settle, then wonders why.
Chapter 83
Family Matters
Both Michaels’ cases are scheduled for the final day of mediation. Andy visited Amanda at the farm days earlier and explained that she needed to attend. Amanda refused. She told Andy that she would approve the settlement of her own case as long as he and Aunt Barbara approved how she wanted some of the money divided.
“You’re also in charge of your parent’s case. You need to be there to authorize any settlement.” Andy explained.
“Uncle Andy, I trust you. Just get what you think is the best settlement for my parents. The main thing is I want you to get the details worked out with regard to my own case,” Amanda told him, and he shuddered to think about working some of those details out.
“Are you going to approve the structured settlement and annuity to cover you for your lifetime, the one I outlined to you?”
“That’s fine. Just know that I won’t approve anything unless you get the papers for me to sign on my plan. I want all the papers at one time. Can you do that?”
“I don’t know yet, but I can try.”
Andy and Angie had spent a significant amount of time reviewing the details of Ron and Rochelle’s presentation. Andy insisted that he was not going to do a video interview or have any of the family members do one, even though they had done them on every other client. Instead, he and Angie opted for a printed slide show and provided it to Franklin and the insurance representatives of the airline two days before the mediation.
They had decided to seek $7 million each on Ron and Rochelle’s death cases and $13 million for Amanda.
When they convene at 2:00 p.m. on Friday afternoon, Franklin immediately asks where Amanda is. Andy replies that she has given him full authority to resolve her and her parents’ cases with written powers of attorney. Mediator Harris had been told before the session about the POAs.
“Let’s split up and I’ll talk with Mr. Franklin’s group first,” Judge Harris says.
After his usual shuttle diplomacy, Judge Harris returns to the conference room occupied only by Andy and Angie.
“There’s no reason for me to hold back anything from you. Their authority doesn’t go above $5 million on your brother and sister-in-law’s cases. They’re offering the entire $5 million on each if you agree to settle below $10 million on Amanda.”
“How far below $10 million?” Andy asks.
“I think the highest they’ll pay is around $8 million.”
Andy turns his chair around and confers with Angie. He then swivels back toward Harris.
“Tell them $8.5 million for Amanda and we’re willing to take $5 million each on the other cases.”
“Okay let’s see if we can get this done.”
A few minutes later the judge re-enters the conference room with Franklin.
“Andy, if you accept $8.3 million on your niece’s case we’ll have a deal.” Harris says.
“Alright, we’ll make the deal at $8.3 million on Amanda’s case and $5 million each on the others.”
“Fine. Judge Harris, can you write up summary settlement outlines for us?” Franklin asks.
The judge sits down to complete the settlement forms. Moments later both Franklin and Andy sign and the mediations are over.
As Andy walks to the parking garage with Angie he calls Amanda.
“Just wanted you to know that we settled your case for $8.3 million just now. Also, we settled your parents’ cases for $5 million each. I have already talked to a structured settlement broker, and I’ll start going through all of the paperwork and getting this done for you. I usually say congratulations, but this time it just seems inappropriate. We still have to have the judge approve your parents’ cases because they’re wrongful death settlements.”
“Does the settlement of my case have to go to court too?” Amanda asks.
“No, you just have to sign the release papers.” Andy says as he and Angie approach his Mini Cooper.
“Good. I can’t wait to get this over with.” Amanda says before they end their call.
Andy and Angie both drop their materials into his backseat.
“Angie, thanks for working your tail off. We still have a fair amount of organizational work to get each case approved, but we’ve crested the mountaintop.”
“I feel like a boulder has been lifted off my shoulders, for sure,” she replies.
Chapter 84
No Rubberstamps
The first wrongful death settlement hearing before Judge Easton has been set for 10:00 a.m. The court received notice of the hearing about seven days beforehand, and both Andy Michaels and Paul Franklin submitted an agreed recitation of background information in support of a proposed order approving the wrongful death settlement for the Richmond family estate. Judge Easton scans over the proposed order. It’s 9:45 a.m.
Just then the judge hears the buzzer at her chambers door. She looks at the monitor that shows a view of the hallway just outside her chambers. It’s Tina, Judge Easton realizes, from the clerk’s office. Someone on her staff hits the door release and Tina brings in an envelope. Judge Easton pushes the button on her speakerphone for her secretary, Martha.
“Martha, does that pertain to the 10:00 Hemispheres hearing, or is it something else?”
Martha looks down at the sealed business-size envelope. There is no return address. It says “Personal and confidential, to be opened by Judge Easton only.”
“It’s for you and it says personal and confidential, Judge. I don’t know if it’s on this case or not, but I’ll bring it in.” Martha delivers the envelope, and Judge Easton uses her letter opener to slice it open and reads the one-page typed letter inside:
* * *
Judge Easton:
The settlement being proposed is a complete fraud. Hemispheres is not really paying the money. The U.S. Government is paying and trying to keep it quiet. The government doesn’t want anyone to know the truth about the crash. Don’t fall for it. Get the truth to the public. They deserve to know.
--Anonymous
* * *
Judge Easton doesn’t know what to make of the note. She folds it up and puts it back in the envelope. Right away, she buzzes Tina in the clerk’s office.
“Tina, this is Judge Easton. Who delivered this envelope that you just brought up to my chambers? Don’t you have a log of some kind?”
“I think it was brought in with a few other letters from Wilkerson Courier Service. But without looking at surveillance video I couldn’t be sure. How much homework do you want me to do?”
“Just check with Wilkerson and see if there was anything delivered on the wrongful death settlement on the docket for 10:00 a.m. this morning. Buzz me back as soon as you speak with them. I would like to know before I take the bench.”
A few minutes later, Tina buzzes Judge Easton’s chambers. Martha patches her through.
“I checked with Wilkerson and they didn’t have any delivery for your chambers, so I don’t know how it was mixed in with their materials. Sorry I don’t know more. Can I do anything else on this?”
“No, thanks,” the judge replies.
At 10:00 a.m. sharp Judge Easton takes the bench, and her bailiff handles the usual introductions. Andy Michaels, Angie, and the Richmonds sit on one side of the courtroom. Paul Franklin, one of his paralegals, and a Hemispheres company representative are on the other side.
Franklin approaches the lectern and explains to Judge Easton that Hemispheres has negotiated the settlement through mediation, that Hemispheres believes
the settlement is fair and appropriate, and that he has cooperated with Andy Michaels in presenting a wrongful death settlement order by consent of all parties.
Next, Andy requests leave of the bailiff to present Mr. Richmond to explain whether he accepts the settlement on behalf of the estate of his late daughter. On examination from Andy, Mr. Richmond confirms that he is in favor of the settlement, believes that it is in the best interest of the estate, and would like it to be approved. Andy then turns to Judge Easton and asks if she has any questions.
“I do. Mr. Richmond, do you know, under the terms of this settlement, why Hemispheres is paying the sum you have settled for?”
Andy looks over at Franklin quizzically. Then he looks back toward the bench. Certainly a surprising line of questioning to both of them.
“Well, Judge, I guess because they know that their jet crashed and they believe there was some mechanical defect, uh, and therefore they ought to pay. That’s what I think.” Mr. Richmond responds.
“What I mean is do you know any specific details of why Hemispheres may be liable to your family?” she asks more pointedly.
At this point Andy tries to interject. “Judge Easton, Hemispheres has not even admitted liability in any way in the proposed settlement order so I don’t know…”
The judge cuts him off. “Mr. Michaels, let me ask the questions, okay? You’re asking me to approve this deal and I want to know. So, neither your lawyer nor the Hemispheres’ lawyers have told you why you’re being paid the settlement money?”
“Well, our family thinks they’re responsible.”
The judge then tells the attorneys she has no further questions. “Anything else counsel?” Both Michaels and Franklin shake their heads.
“Counsel, I’m not approving this settlement today. I’m going to take it under advisement.”
Franklin finally can’t contain himself any longer.
“Your Honor, both of the parties have requested entry of the order, and you just heard Mr. Richmond say that he believes the settlement is reasonable and fair. We don’t understand why--…”
“Mr. Franklin, if your side wants to provide more information so the public understands why Hemispheres is so gung-ho on settling all of these cases now, including an admission of liability or explanation of responsibility, I assure you I will sign the order. Until that happens, I’m taking this order under advisement. Is there anything else counsel?”
Franklin, still standing at the attorney lectern turns and looks quizzically at Andy. He then turns back and grudgingly says, “Nothing further, Your Honor.”
At least five reporters were in the courtroom and they rush out to file their stories about Judge Easton refusing to enter the first wrongful death settlement order in the Hemispheres crash, despite both parties asking her to approve the deal.
* * *
Within an hour CNT is reporting on the hearing.
“This is Natalee Spalding, reporting for CNT about the resolution of wrongful death settlements in the Hemispheres Airlines crash. Today Judge Easton was scheduled to enter and approve the wrongful death settlement on behalf of victims of the Quarryville Pennsylvania crash, which had only one survivor, Amanda Michaels. However, the judge would not enter the first settlement order in the case, which would have paid $4.3 million to the Richmond family. The judge simply refused and requested Hemispheres to file additional documents with an admission of liability or some explanation of the cause of the crash. The attorneys have already advised CNT that a number of other cases have been settled but all of the agreements may be stalled. We have our legal analyst Jeff Rossman with us today to help explain this situation. Jeff?”
“Yes, Natalee. It is unusual, but not totally unprecedented. The public might ask if Hemispheres and the victims’ families have agreed to settle the cases, why the Judge would refuse. It is rare for a judge to turn down an agreed settlement order where the parties are each in favor. However, in high profile cases involving the public interest or public safety, judges have required some companies to file an admission of liability or to disclose the basis of their responsibility. Is this required in civil wrongful death law? No. The statute involving a wrongful death settlement simply requires that a court review and approve any such agreement. So, it’s somewhat of a gray area as to how far a judge can push this.”
“Can she force Hemispheres to explain what happened or why?”
“If they want approval, perhaps. To date, Hemispheres has never explained the cause of the crash, and the NTSB has never gone further than the fact that there was an electrical or mechanical malfunction that downed the aircraft. Sometimes judges surprise everyone and this is one of those circumstances.”
Outside the courtroom, the Richmond family members are crowded around Andy and Angie. He does his best to explain what he cannot answer. A few minutes later, he and Angie are on the street outside D.C. Superior Court.
“Andy, what’s going on? How can she do that?”
“Don’t ask me. If I knew, I would have gotten her to enter the order. I don’t know who’s freaking out worse, us or Franklin and Hemispheres. I certainly want to get the cases closed just like everybody else, but Hemispheres must be having a heart attack. I don’t know if she can force them to give an admission of responsibility or tell what they know. I’ve never had a judge do this.”
“I feel so bad for the Richmonds. What happens now?”
“I have no idea. Hemispheres could actually appeal, but I don’t think they will. We can do some legal research on it, and I’m sure Hemispheres will be looking into it twice as hard us. Tomorrow’s another day — maybe the judge will buckle under the media scrutiny. The families will all start freaking out if she delays the settlements for too long.”
Chapter 85
Detained
Just before Ryan finishes parallel parking his car in front of his condo, his phone vibrates, indicating a new text message. It’s from Franklin: Job well done. She refused to approve any settlements.
Ryan stares over his steering wheel with a sick feeling in the pit of his stomach. The same bad feeling he felt during at least two SEAL missions, when unforeseen complications later arose. Why did he go along with Franklin on this? Franklin’s motive was strictly money. Ryan rationalizes that he agreed because his own reasons weren’t misguided: the public deserved to know the truth.
A car pulls in right behind him on the street. Before he can exit his car a man is standing beside his door, and a woman is standing on the sidewalk. The man motions for him to roll down the window. He retracts it a few inches.
“What can I do for you?” Ryan asks.
The man flips open his badge.
“Josh Miller. FBI.”
“What the hell? And she’s with you too?”
“Yes. Mr. Ryan we’d like to talk with you at FBI headquarters,” the agent says.
“Do I have a choice?” Ryan asks.
“Look, we know who you are, and we know a lot about you. I strongly suggest you come with us so we can do this the easy way. We’re going to treat you fairly, we know your background.”
Ryan wonders what they know. Hemispheres and the monetary payments? The note? What else?
Ryan gets out of the car and hits the door lock. “Mind telling me what you want to talk about?”
“Let’s wait ‘til we get to headquarters.” Miller says.
Once they are inside a conference room the female agent starts. “You’ve been eavesdropping on Michaels’ law firm and rifling through their trash. Why?”
Ryan isn’t sure what else they know. He momentarily pauses, processing information. “I didn’t break the law. You know that I do private investigation work. So what?”
“Look, we know Franklin hired you. What does he want to know? All the cases are settling.”
Ryan knows she’s fishing at this point, and he wants to be very careful.
“I can’t tell you what it is he’s after because I don’t know. I also don’t know why you brought me
down here.”
“Well, it’s not legal to bug a law firm or to bug Amanda Michaels, is it, Ryan?”
Ryan looks quizzically at her. “What the hell are you talking about? I haven’t bugged them.”
“I don’t believe you. We think that a professional like yourself planted the listening devices.”
“If that’s why you brought me down here, you’re wasting your time.”
The female agent paces back and forth, unsure of her next move.
“Is this about the Hemispheres money?” Ryan teases them.
“What are you talking about?” she asks him, without offering anything.
“Hemispheres is paying a whole lot of money, and it’s mighty early in the litigation to cave in.”
The female agent becomes agitated. “Look, I have a lot of respect for you. You know who the good guys are and who the bad guys are. And I know what happened to your comrades in Afghanistan.”
“Who the hell are you to start some psychological profiling crap to try to influence me? Don’t you even dare.”
“Don’t play with fire Ryan. Some things are best left where they are. You better be telling the truth about the bugs. Because I don’t believe you.”
“I’m not here to impress or convince you,” Ryan says, standing up and taking a step or two toward the conference room door. Both of the agents stare at each other while Ryan nears the door.
“Did you write the note, Ryan?” the female agent shouts.
Ryan wheels around. He thinks she’s bluffing. She must not have the goods on him. But Ryan knows it wasn’t a crime even if she does know.
“What note?” he asks coyly.
Taming the Telomeres, a Thriller Page 26