Doubt (Caroline Auden Book 1)

by C. E. Tobisman

  “Your Honor,” Kennedy began again, his voice affable, his tone matter-of-fact, “the whole purpose of a Daubert hearing is for our courts to protect juries from hearing cases that are premised on no evidence at all. We don’t want to waste people’s time. Daubert motions are powerful tools to allow judges like yourself to decide once and for all whether a given plaintiff’s theory of liability withstands the test of plausibility.”

  Caroline resisted the urge to nod at his irrefutable logic.

  “The reason we are here today for this particular Daubert hearing is so this court can discharge that solemn duty of ensuring that we don’t waste the time, resources, or patience of thousands of juries across the country. And here’s the bottom line: no published science links SuperSoy to kidney injury.” Again Kennedy paused.

  “SuperSoy is a highly beneficial product used by thousands, if not millions across the country,” he finished. “It provides benefits to consumers, improving their quality of life. I urge the court to grant our Daubert motion and end this meritless case now, before it can further tax the system.”

  When Kennedy finished, the room quieted.

  Everyone’s eyes turned to the judge.

  Judge Jacobsen sat back in his chair. He rested his elbows on the armrests and tapped his fingertips together. His eyebrows knit together in thought.

  Caroline held her breath until her pulse throbbed in her ears.

  “First, let me thank you for an excellent presentation today,” the judge began. “It was quite informative. I admit, I came here inclined to rule against the plaintiffs. As defense counsel has correctly and eloquently explained, the science described in the plaintiffs’ Daubert brief does not draw a direct link between SuperSoy and kidney damage.”

  Caroline resisted the urge to blurt, “What about Heller?” In a series of methodical studies, the Heller article illustrated the connection between SuperSoy and kidney failure. Surely, the judge had seen that.

  Judge Jacobsen held up a ream of stapled pages. “I had actually prepared a tentative decision barring all claims on the grounds that the science didn’t establish a link to kidney injury. While plaintiffs have showed that an inferential link may exist, I did not find that inferential link sufficiently compelling for the SuperSoy cases to go forward. I recognize that the Heller article is persuasive authority that there may, in fact, be such a direct link. The problem I’m having, however, is that the article was late produced and was not peer reviewed.”

  The judge paused. He gently placed his tentative decision down beside his tablet.

  Caroline’s stomach twisted. Her temples throbbed with tension. This was it.

  “The arguments today have persuaded me that I should not be hasty in dismissing the Heller article. As plaintiffs’ counsel has correctly noted, that article is remarkable in several respects, including its sample size and consistency of results.” Judge Jacobsen paused again, and Caroline worried her heart might stop beating before he reached his ruling.

  Finally, the judge exhaled like a man who had thought he’d reached the peak of a mountain only to find there were miles left to climb.

  “Before I can determine whether and how to weigh Heller in my consideration, I need an understanding of why it wasn’t submitted for peer review or published. I also need to understand where Heller fits into the other published science. I’m deferring ruling on the Daubert motion. I’d like to talk directly to all of the scientists of the articles you’ve cited. Subpoena them. Get them out here. I’ll see you in one week. You’ll have my ruling at that time.”

  With a sharp crack, Judge Jacobsen hit his gavel, and the hearing ended.

  “That was amazing,” Anton Callisto crowed. His usually taciturn face creased into a grin of underused smile lines. Behind him, the rest of the plaintiffs’ attorneys agreed in a chorus of approving sounds. They clustered around Caroline, seeing her with new eyes. Or maybe seeing her at all for the first time.

  “Thanks,” Caroline said. In the wake of the argument, her teeth chattered, an electric humming coursing through her nervous system. It felt good. So did the attention of the Steering Committee. She felt like a lightning rod instead of a lawn gnome.

  Even Dale looked relieved.

  “We lived to fight another day, y’all,” he said to everyone and no one. Another murmur of agreement coursed through the pack of plaintiffs’ attorneys.

  From the corner of her eye, Caroline spotted Jasper. He stood at the back of the courtroom, by the door. When he saw her notice him, he held up one thumb. Despite the approving gesture, his face still held the same pinched and worried expression it always seemed to hold. She knew the reason. He knew as well as she did that they hadn’t won this thing yet.

  “Can you come back here in a week to examine the scientists?” Paul Tiller asked, his cherubic face cracking into a likable smile.

  Behind him, the rest of the Steering Committee nodded emphatically in agreement. All was forgiven of Dale, but they wouldn’t soon let him argue again.

  “Sure,” Caroline said, despite the fact that she’d only conducted a cross-examination within the safe confines of law school. After seeing Dale flub the argument, she no longer believed she was unqualified to step in. At least she knew she’d study. She wasn’t so sure about the next guy anymore. Especially if that next guy was Dale.

  Louis wove his way toward Caroline until he stood beside her.

  “If you don’t mind,” he said to the assembled lawyers, “I’m going to take my star associate here out for lunch.”

  As the members of the Steering Committee stepped aside, Caroline couldn’t suppress the grin that spread on her face. Whatever disappointment Louis had felt in her for befriending Eddie had been obliterated by her strong performance in court. She knew he wouldn’t mention Eddie again. Neither would she.

  She followed Louis’s tall frame through the throngs of lawyers, who parted like a Red Sea to his Moses.

  “Are you really going to let me examine the scientists?” she asked Louis’s back. Even with the buzz of the hearing still thrilling her senses, she knew it was unlikely her boss would entrust the witness examinations to a first-year lawyer.

  “Absolutely,” Louis answered over his shoulder. “You know the science better than anyone. I have full confidence in your ability to handle this.”

  “I promise I’ll run all of my witness examination notes by you first,” she said.

  “Good. We’ll make sure you’re ready to go before the first scientist takes the stand,” he called back to her. “We can set up some mock examinations with Eddie to help prepare you, if you’d like.”

  Caroline grinned at his unexpected mention of Eddie and his tacit permission for Eddie to help out. Louis was nothing if not socially graceful.

  Louis led Caroline through the doors of the courtroom into the hall.

  Once they were out of the earshot of the other attorneys, Louis stopped walking and turned to meet Caroline’s eyes.

  His face grew serious.

  “Where are we on finding Dr. Wong?” he asked.

  “We’ve subpoenaed her,” Caroline said, jarred by the sudden change in her boss’s mood. “There’s a bench warrant out for her arrest.”

  “That’s not good enough,” Louis said, frowning. “There’s no way to enforce bench warrants. Unless Dr. Wong gets pulled over for speeding or something, that warrant won’t help us.”

  Caroline repressed her surprise. For some reason, she’d expected things like bench warrants to matter.

  “We were very lucky to survive today’s hearing,” Louis said, still scowling. “Many judges would have simply dismissed an unpublished, non-peer-reviewed article out of hand. That Judge Jacobsen decided he wanted to talk to the scientists first is a result of your good work. You should be justly proud of what you achieved here today . . .”

  “But we need Dr. Wong,” Caroline finished, the last remaining shards of joy from the argument leaving her.

  The door to the courtroom swun
g open, and Ian Kennedy emerged with two junior associates trailing behind him like black-suited ducklings.

  As if by unspoken agreement, Louis and Caroline fell silent, waiting for him to pass.

  But Kennedy slowed his step as he approached. He quirked a grin at Caroline.

  “Like I said before the hearing, you’re worth a raise,” Kennedy said, holding Caroline’s eyes a moment before continuing down the hall and out of sight.

  As soon as Kennedy was gone, Louis rounded on Caroline.

  “When did he talk to you? What did you say to him? Why didn’t you tell me about this?” Louis’s eyes narrowed.

  Caroline reeled under the barrage of questions. “It was just a two-second conversation at the water fountain. I said nothing to him, don’t worry—nothing.”

  Louis held her eyes, his jaw working.

  “What’s the big deal?” she asked.

  “What’s the big deal?” Louis repeated her words slowly, his pale eyes filling with fire. “The big deal is, Kennedy corrupts people. He can corrupt you.”

  Louis took a breath, as if consciously caging his passion. The fury in his eyes dissipated until the senior partner’s face held an expression of pensive remorse.

  “I’m afraid I wasn’t completely candid when I said I’d only had one run-in with Kennedy,” Louis said in a quiet voice. “The truth is, I know him rather well. In fact, I used to work with him.”

  Caroline opened her mouth to speak, but nothing came out. Louis’s revelation was an awfully big omission.

  “Ian and I began at the same firm out of law school,” Louis said. “A white-shoe firm in Boston. Those old boys knew how to practice law, and they had no patience for Ian’s shenanigans. Shredding documents and whatnot. He left the firm in disgrace.”

  He shook his head in disgust.

  “I had hoped never to see him again,” he continued, “but life is long, and mercenaries like Ian are attractive to clients that find themselves in dire straits. The scent of money and desperation is like chum in the water to him. I suppose I shouldn’t have been surprised to see him on this case. Nor should I be surprised that he’s courting you.”

  Caroline flushed at her boss’s verbalization of what Kennedy’s overtures meant. She moved quickly to disabuse him of the notion that those overtures had any chance of success.

  “You don’t have to worry,” she said. “I’d never work for a fixer. I don’t care what he offers me. It would never be enough to work for someone like him.”

  Louis’s gaze thawed slightly. “That’s welcome news. There are many people out there for whom morality is a convenience to be placed aside for the right price.”

  “I’m not one of those people,” Caroline said, surprised by the vehemence in her voice.

  Louis must have heard it, too, because his face calmed and his posture relaxed.

  “Now that Kennedy knows we need Dr. Wong to win, he’ll be mobilizing all of his resources to find her, too. Heaven help Dr. Wong if he gets to her before we do.”

  Caroline stayed silent. She waited for Louis to outline his plan. He was a chess player. A master litigator. He’d have a strategy. He always did.

  But his next words left her worried.

  “I’m going to be stuck here in New York for the Telemetry Systems depositions for the rest of the week, so you’re going to have to take the lead in trying to locate Dr. Wong,” he said. “Please keep me apprised of your progress.”

  Caroline’s face fell.

  “I’m sorry I can’t help,” he said, “but there’s no way I can reschedule these depos.”

  He reached into his pocket and withdrew his wallet.

  “But I can give you this.” Louis removed a black credit card embossed with the golden logo of Hale Stern, LLP. He extended it to Caroline.

  “This is the firm card,” he said. “We usually only give these to our partners, but this is an exceptional circumstance. Please charge whatever you need to on it.”

  Warmed by her boss’s trust, Caroline took the card from his hand and tucked it carefully into her wallet. But even that small patch of sunshine couldn’t dispel the building maelstrom of worry coursing through her gut. If Dr. Heller had been murdered, those who’d killed him would now be gunning for Dr. Wong.

  “I’m a little . . . nervous about going after Dr. Wong.” Caroline cringed at her words.

  “I understand,” Louis said. “You’ll have to excuse me. Sometimes I become so wrapped up with winning that I forget the human stakes involved in our cases.” He released a long breath, then added, “You shouldn’t do anything you feel uncomfortable doing.”

  Caroline considered his words. He was allowing her an out. A chicken exit.

  “I’m okay,” she said. “I’ll keep going.” At least for now, she added silently.

  “Good,” said Louis, looking at his watch. “Then you better get going. You don’t want to miss your flight home.”

  CHAPTER 11

  When Caroline exited the sliding doors of the airport terminal, she was greeted by the stinging odors of car exhaust and jet fumes. Vehicles of all sizes jammed the narrow road fronting the Arrivals curb. Some had trunks open, their occupants standing on the sidewalk hugging welcomes to their loved ones back from faraway places. Others sat waiting for passengers to appear from the black hole of baggage claim.

  Caroline knew there was no one for her. Eddie was in transit. Her mom was in Oregon. Her dad was in Connecticut. Her best friend was traveling God knew where. And Uncle Hitch was likely curled up with a bottle of Grey Goose somewhere.

  Making her way toward the outer ring of the arrivals area, Caroline scanned the signs until she found the one she sought: PARKING LOT SHUTTLES. A bus sat beneath the yellow sign, its engine idling, its bifold doors standing open.

  Lucky break, thought Caroline, dragging her suitcase toward it.

  After slotting her suitcase onto the luggage rack, Caroline sat down in one of the concave plastic seats. Almost immediately, the tiredness hit her. The last week had been a sprint. And the race wasn’t over. She still needed to find Dr. Wong. More than that, she still needed to get Dr. Wong to come to New York for the hearing in six days. Just six days.

  There would be no rest for her. She needed to get her car. Get back to the firm. Find Dr. Wong. In that order, and right away. Then she could rest. Easy.

  The bus rocked as another passenger boarded. A blond man wearing a knit cap and an army surplus jacket made his way down the narrow aisle toward Caroline. Over one shoulder, he wore a black nylon messenger bag with gunmetal-gray buckles that clinked as he walked.

  He sat down beside Caroline just as the doors at the front of the bus squeaked shut. With a rumble and a cloud of exhaust, the bus pulled away from the curb to begin its slow circumnavigation around the airport terminal, picking up more passengers before finally it would head to the off-site parking lot where Caroline had left her Mustang.

  “How’s it going?” the man said, jutting his chin toward her in greeting.

  “Fine, thanks.” Caroline hoped that would be the extent of the conversation. She wasn’t in the mood to make small talk. During her long flight alone, the weight of her decision to look for Dr. Wong had settled over her like a shroud of worry. She was going to go head-to-head with Kennedy. No possible reassurance by Louis could convince her it wasn’t dangerous.

  “Where are you coming from?” the stranger on the bus asked.

  “New York,” Caroline answered. No such luck on the no-small-talk thing.

  “Business?” he asked.

  “Yes.”

  “Finance?” he asked, his eyes lighting up with interest.

  “No, law,” she answered.

  “I work in finance,” the stranger said. “My company just launched a new digital currency service. Payments work peer to peer.”

  “I know all about cryptocurrency,” Caroline said. Though not yet mainstream, digital currency was a hot topic in tech circles. “Not everyone accepts it, though. People s
till prefer using money they can see.”

  “Some industries are painfully old-school,” the man agreed, holding up a hand. He began counting off fingers. “Trust companies don’t like digital currency. Neither do real estate investment traders. Or banks. Or car dealerships. But most individuals will accept it once they know what it is. Once they realize it’s as good as cash. They just need to be educated.”

  Caroline shrugged. “Money’s money. The world will come around. Eventually.”

  “Exactly,” said the man. “Let me show you how our ledger works. I know I’m bragging, but it is superior to bitcoin or any of the other cryptocurrencies.”

  He pulled out his phone.

  “Check this out,” he said, opening an app displaying a payment ledger. “You can send money anywhere in the world. Payments can’t ever be tracked or traced since there’s no central administrator or country that runs it.”

  “I know how it works. But no cryptocurrency is uncrackable,” she said, instantly regretting her challenge. She didn’t want to start a debate with this stranger. She really didn’t want to talk.

  Glancing at the screen of the stranger’s phone, Caroline saw her name.

  Her fingers prickled with alarm.

  “How did you know my name?” Caroline asked.

  The man jutted his chin toward the luggage tag dangling off the side of her suitcase.

  “Oh.” Caroline relaxed.

  But then, with a few more taps of his thumb, the stranger pulled up her bank and account information.

  “Wait, how did you do that?” Caroline’s heart began to pound. “This isn’t right. You can’t get a bank account just from a name.”

  The man didn’t answer. Instead, he typed numbers into the ledger page, initiating a transaction that would transfer funds to her bank account.

  “You see, it’s super easy. I can just type in any amount here,” he said, floating his index finger over the field to write a dollar amount. “For instance, what does it cost for a vacation these days? Ten thousand dollars? Twenty thousand?” He kept his eyes trained on his phone.