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Thomas
Nolan, IP's outside counsel, devised a morally repugnant strategy
that elicited sympathy for IP by
"…drawing
a parallel--subtly-between them [his IP clients] and the World
Trade Center 9/11 victims…
A
traditional plaintiff's theme is that all society can ask
of a company is that it do the right thing. Nolan says he
stressed that, keying into the judge's speech to the jurors
to the effect that while we all can't be New York fire fighters
and policemen, we can be patriots by fulfilling the roles
we are given…
'I
told the jury that the insurers sat on the sidelines, watching
people in trouble, and not rushing into help when they could
have--when they should have.'" (Source: National Law
Journal, October 2, 2002.
This
hired legal gun's manipulative tactic (playing on the jury's
sympathy for the anguish of the 9/11 families) resulted in $13
million damages + $12 million for lawyers' fees + $68 million
in punitive damages:
GRAND
TOTAL
After
the verdict, Peter Lieb, IP's Associate General Counsel, interrupted
CEO Dillon's meeting with three executive VPs. Mr. Lieb noted
their smug expression of corporate pleasure and sense of entitlement:
"We
told them the result, and there was a brief pause, as if they
were sort of taking it in. Then they erupted into applause."
(Corporate Counsel, October 2002, p.90)
Remember
CEO Dillon (and his Business Roundtable buddies) every time
an HMO, a CEO, a politician or a pompous talking head tells
you that plain folks shouldn't have the right to sue their insurance
companies or have the right to public jury trials.
*Thanks,
Jim Croce
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