pressure was mounting. And the first time a jury handed out a few million to a widow, then all hell would break loose. The trial lawyers would go berserk with their nonstop advertising, begging smokersand the survivors of smokers to sign up now and sue while the suing was good.
As a rule, the men talked of other matters when they were alone, but the liquor loosened their tongues. The bitterness began to ooze forth. They leaned on the railing of the deck, stared at the water, and began to curse lawyers and the American tort system. Each of their companies spent millions in Washington on various groups trying to reform tort laws so that responsible companies like themselves could be protected from litigation. They needed a shield from such senseless attacks by alleged victims. But, it seemed, nothing was working. Here they were somewhere in the backwaters of Mississippi sweating out yet another trial.
In response to the growing assault from the courts, the Big Four had created a pool of money known simply as The Fund. It had no limits, left no trail. It did not exist. The Fund was used for hardball tactics in lawsuits; to hire the best and meanest defense lawyers, the smoothest experts, the most sophisticated jury consultants. No restrictions were placed on what The Fund could do. After sixteen victories, they sometimes asked, among themselves, if there was anything The Fund couldn’t do. Each company siphoned off three million a year and routed the cash circuitously until it landed in The Fund. No bean counter, no auditor, no regulator had ever caught wind of the slush money.
The Fund was administered by Rankin Fitch, a man they collectively despised but nonetheless listened to and even obeyed when necessary. And they waited for him. They gathered when he said to gather. They dispersed and returned at his command. They tolerated being at his beck and call aslong as he was winning. Fitch had directed eight trials without a loss. He’d also engineered two mistrials, but of course there was no proof of this.
An assistant stepped onto the deck with a tray of fresh drinks, each mixed to exact specifications. The drinks were being lifted from the tray when someone said, “Fitch is here.” In unison the drinks shot upward then downward as the four knocked back a stiff belt.
They quickly stepped into the den while Fitch was parking José just outside the front door. An assistant handed him a mineral water, no ice. He never drank, though in an earlier life he’d consumed enough to float a barge. He didn’t say thanks to the assistant, didn’t acknowledge his presence, but moved to the faux fireplace and waited for the four to gather around him on the sofas. Another assistant ventured forth with a platter of leftover shrimp and oysters, but Fitch waved him off. There was a rumor that he sometimes ate, but he’d never been caught in the process. The evidence was there, the thick chest and ample waistline, the fleshy roll under his goatee, the general squattiness of his frame. But he wore dark suits and kept the jackets buttoned, and did a fine job of carrying his bulk with importance.
“A brief update,” he said when he felt he’d waited long enough for the honchos to settle in. “At this moment, the entire defense team is working nonstop, and this will continue through the weekend. Jury research is on schedule. Trial counsel are ready. All witnesses are prepped, all experts are already in town. Nothing unusual has yet to be encountered.”
There was a pause, just a little gap as they waitedlong enough to make sure Fitch had finished for a bit.
“What about those jurors?” asked D. Martin Jankle, the most nervous of the bunch. He ran U-Tab, as it was formerly known, an abbreviation for an old company which for years was called Union Tobacco but after a marketing cleansing was now traded as Pynex. The lawsuit at hand was
Wood
v.
Pynex
, so the roulette wheel had placed Jankle on the hot seat. Pynex was number three in