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TRANSCRIPT:
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Scene: Fallin & Fallin—Burton's office
Burton leans back in his chair, feet on the desk. Nick sits across from him as they go over a list of clients.
Burton: ...Mathers Industries, Kelton Rubber, Nathanson Auto Parts…
Nick: Right.
Burton: ...Henderson Box & Paper, Bluestone Plastics…
Nick: Right.
Burton: L & T Holding Corporation, Rightvision Communications, Sklar Chemical and Allegheny Electric.
Nick: Allegheny Electric is my client.
Burton: Nicholas, I brought them in back in 1967.
Nick: And I've kept them here for the past seven years.
Burton: But I brought 'em in.
Nick: (Shakes his head)
Burton: (After long pause—sighs) All right. I'm willing to give you fifty percent.
Nick: Fifty percent? I-I do all the work.
Burton: Fifty percent, Nicholas. And from now on you only get what you bring through the door. Okay?
Nick: Yeah, fine. (Leaves in disgust)
Burton: (Rubs his eyes—sighs)
Moments later in the corridor
Phil Hostetler: This is a great relief.
Clay Simms: The prosecutor was just looking for headlines.
Hostetler: Well, I can't thank you enough.
Clay: Well, hopefully you won't have to hire me again.
Hostetler exits. Nick walks up to Clay.
Nick: Hey, Clay. You represent Phil Hostetler?
Clay: He was referred to me on this one matter.
Nick: How'd it go?
Clay: How'd it go? Seventeen-year-old kid falls down one of Hostetler's old mine shafts and dies. Some prosecutor down in coal country indicts Hostetler for negligent homicide. I get him off with a $500 fine.
Nick: You try to get his corporate work?
Clay: He's been with Swann & Cranston for thirty-five years.
Nick: You didn't try to get his corporate work? (Rushes out the door)
Clay: If you land him, I want fifty percent of the source credit.
Scene: Elevator outside Fallin & Fallin offices
Hostetler steps on the elevator.
Nick: Hold it! (Gets on the elevator with Hostetler) Thank you. (Pause) Mr. Hostetler? (Extends his hand) Nick Fallin.
Hostetler: Oh, nice to meet you.
Nick: You, too.
Hostetler: Know your dad.
Nick: (After a second) I'm sorry about Harold Cranston's retirement.
Hostetler: Harold's retiring?
Nick: Well, if he's not, he should.
Hostetler: (Chuckles) He hasn't said anything to me about that.
Nick: It's gotta be tough being Hostetler Coal when the environmental groups, the unions, press and everyone hates you.
Hostetler: That's not an effective way to land a client, son.
Nick: Well, our firm is very good at dealing with companies that are targets of frivolous lawsuits. We work with you in stopping small problems from snowballing into big ones. In effect, we save you on billable hours.
Conversation continues on Forbes Avenue
Nick: We're just a better fit for you, Mr. Hostetler. I mean, why else would Cranston send you over to work with Clay Simms at our offices? We have everything you need under one roof.
Hostetler: There's a small coal fire burning close to Donora. The reason I thought of it, we discovered it when we were investigating that mine where the young man fell.
Nick: How'd it start?
Hostetler: Well, probably some locals burning trash too close to a coal seam.
Nick: Well, what can I do for you?
Hostetler: Vernon, Pennsylvania. It sits right on top of one of my mines. Five miles from the fire. All the mines are connected. So it's a matter of some concern if the fire should spread to Vernon.
Nick: I see. How big is Vernon?
Hostetler: 'Bout seven houses and twenty-three inhabitants.
Nick: Well, uh, you could—you could pay residents to waive their rights to future property damage claims. I-I could go out there and have them sign releases.
Hostetler: How soon could you get this done?
Nick: I could go out there today.
Hostetler: Very well. The job is yours. (Gets in his chauffeured Lincoln)
Scene: Fallin & Fallin—lobby
Nick enters—Clay is waiting. They walk to Nick's office.
Clay: How'd it go?
Nick: Yeah, he gave us a matter… Coal fire they discovered when that kid fell.
Clay: Okay.
Nick: Okay what? (Stops outside his office)
Clay: I brought Hostetler in the door. I want fifty percent.
Nick: You're kidding.
Clay: I brought him in the door.
Nick: (Pause) Fine. (Enters his office—Clay follows)
Clay: There's something else. (Shuts the door—Nick gives him a look) You know that associate I brought with me, Sadie Harper?
Nick: Never met her.
Clay: She worked on Hostetler's defense. Knows the town of Vernon very well. She could be an asset to this civil matter of yours.
Nick: She's a criminal attorney.
Clay: She could be an asset.
Nick: Is this what you wanted to talk to me about?
Clay: Yeah. She spent a month down in Vernon investigating the accident…
Nick: Knows the town very well?
Clay: So, I thought maybe you could take her on.
Nick: (Chuckles) How long you been sleeping with her?
Clay: (Pause) A year, on and off.
Nick: Does my father know you've been on and off her for the past year?
Clay: I'm telling you.
Nick: Well, you know, he's not gonna be very happy. You're a partner; she's an associate.
Clay: I'm aware of that.
Nick: Yeah. And you plan to continue seeing her?
Clay: Yeah, of course. She's a 'great' lawyer.
Nick: Good for you. (Pause) Fine. I'll take her.
Clay: Thanks. (Gets up to leave)
Nick: I get all of Hostetler.
Clay: You're kiddin'? (Nick just stares at him)
Scene: Fallin & Fallin—Conference room
Sadie is working at her laptop. Nick walks up.
Nick: Sadie, right?
Sadie: Right.
Nick: Nick Fallin. (Extends his hand)
Sadie: Yes. Hi.
Nick: Nice to meet you. Uhm… (Lays a piece of paper on the table) …can you sign this? (Walks over to the window and leans against the ledge, arms folded—smiling) It's a consensual relationship agreement. It states that your relationship with Clay Simms is voluntary, mutual.
Sadie: I know what this is.
Nick: I need you to sign it.
Sadie: I'm not signing this.
Nick: You're not?
Sadie: All this release does is protect you.
Nick: It's a standard form, Sadie.
Sadie: Would you sign this?
Nick: Sure.
Sadie: Let's say you're still an associate and a forty-year-old female partner's banging you. You know, takes you up to the house on weekends, expensive dinners, bad skiing then one day she wants you to sign a form… case she gets bored with you and doesn't want you around any more and she can fire you without any repercussions.
Nick: Think about it.
Sadie: Are you saying I have to do this?
Nick: No, I'm saying you should 'think about it.'
Sadie: I'll get back to you later.
Nick pauses at the door.
Sadie: Something else?
Nick: I understand you've been to Vernon, Pennsylvania.
Sadie: We settled that case, thank God.
Nick: Huh. (Smiles)
Scene: Vernon, PA
Nick drives up to an abandoned warehouse along the river.
Nick: Why're we parking here?
Sadie: Trust me. It's better this way. These people don't want to see this car.
Nick: In order for the releases to be binding, we need to give each resident a disclosure report. Have them read it before they sign.
Sadie: Right.
Nick: It just says their, uh… their town is built on a coal mine and there's a chance that at some point that mine could catch on fire. There's an outside chance that their property might collapse… a bit.
Sadie: You know those mines are cut five hundred feet into the ground.
Nick: Right.
Sadie: Collapse a bit? (Sighs) What do you know about coal fires?
Nick: Just what I read before we left—that they're hard to put out.
Sadie: Take a big seam of coal… say forty million tons. That sets on fire you've got the world's biggest barbeque pit. Only difference is, your Hibachi burns at about four hundred degrees. Coal fires burn at two thousand. At that temperature… take a hundred years to burn itself out.
Scene: Residential street
Nick: All right, I want you to take the Harrisons, the Strysinskis, and the Pences.
Sadie: You want me to walk into these people's house by myself?
Nick: Yeah.
Sadie: You taken a good look at me?
Nick: Yeah, I, uh… I noticed that you're, uh…
Sadie: That I'm wearing Prada.
Nick: Yeah, I noticed. All right, well, I'll meet you back here in an hour.
Rings the doorbell then knocks.
Nick: Hey.
Petra Nystrom: Hey, yourself.
Nick: Uh… is-is your mother home?
Petra: Mother's dead.
Nick: I'm sorry. Sorry.
Petra: That's all right. She died when I was born so I didn't know her at all. (Turns away to cough)
Nick: Is your father home?
Petra: You handing out Watchtowers?
Nick: What?
Petra: You a Jehovah's Witness?
Nick: No.
Petra: 'Cause the only people that ever come here all dressed up are the Jehovah's Witnesses.
Nick: I'm not a Jehovah's Witness.
Petra: (Opens the door) Come on in.
He sees for the first time that she's very pregnant.
Petra: My daddy's out back. (She goes to call him) Daddy! Someone's here! (Sits on the arm of a chair) Why did the chicken cross the road?
Nick: To… uh, get to the other side.
Petra: Right. But, why did the pigeon cross the road?
Nick: (Shakes his head)
Petra: Because it was nailed to the chicken. (Laughs)
Nick: (Gives her a blank look)
Petra: You don't think it's funny? (No response) What's your problem?
Paul Nystrom walks in.
Nystrom: What can I do for ya?
Moments later—Nystrom's living room
Nystrom: So, Hostetler is just gonna give me… twenty thousand dollars?
Nick: If you sign.
Nystrom: Twenty thousand… just for signing my name. (Nick nods) Well, that's crazy.
Nick: That's business.
Nystrom: Why would they do that?
Nick: Mr. Nystrom… (Petra coughs) ...like I said, there is a slight chance the ground might downgrade a bit over time. It's-it's-it's all in these disclosure reports. (Hands him a multi-page document)
Nystrom: (Takes the document—Petra goes to the kitchen) Sweetheart, are you okay? (Looks over disclosure reports)
Petra: Yeah. (Gets a glass of water) (To Nick) Did you know that Judge Judy was a lawyer before she was a judge?
Nick: No. (Shakes his head and smiles)
Petra: She was.
Nick: Uh… Mr. Nystrom… this form—the offer… it's only good today.
Nystrom: Today?
Nick: We'd like to get this wrapped up as soon as possible.
Petra: (Has a fit of coughing) Daddy! Daddy!
Nystrom: I'm sorry. I have to… Could you just come back tomorrow? (Goes to attend to Petra) Honey?
Petra: Dad.
Nystrom: Honey, what's wrong?
Nick: (Leaves the papers and exits)
Scene: Back at the car
Sadie waits.
Sadie: I got two of your releases signed. The third is not gonna happen.
Nick: Why not?
Sadie: Guy's name is Ezra Pence. He's the grandfather of the guy that fell down that mine. He didn't like the way we handled the case.
Nick: What'd you do?
Sadie: Established that his grandson was drunk and none too bright.
Nick: Well, we have to come out here again tomorrow.
Sadie: We?
Nick: Yeah, let's go.
Scene: Fallin & Fallin—Conference room
Sadie and Clay are there—Nick enters.
Sadie: Good morning.
Nick: Morning.
Sadie: Mind shutting the door?
Nick: Sure. (Takes a seat)
Sadie: About the consensual relationship agreement.
Nick: Yes?
Sadie: I've thought about it.
Nick: Good.
Sadie: Clay, you and I will no longer be seeing each other socially.
Clay: Sadie.
Sadie: Nick, I will finish off this civil matter and then I'll go back to criminal practice which is what I came here to do. So… this is no longer necessary. (Lays the agreement on the table)
Clay: Sadie, you're over-reacting.
Sadie: Whenever you're ready we can go back down to Vernon and finish what we started. (Exits)
Nick: (Looks at Clay, shrugs and exits—Clay is not happy)
Scene: Vernon, PA—Nystrom's living room
Nick: So, I spoke to my client. Uh… he is willing to increase the offer to twenty-two thousand five hundred.
Nystrom: Twenty-two thousand five hundred.
Nick: Right.
Nystrom: That's two thousand and five…
Nick: Hundred.
Nystrom: …five hundred more.
Nick: Right.
Nystrom: Well, I can't take that.
Petra: Dad?
Nystrom: Petra, mind your own business.
Nick: Mr. Nystrom, this is the most my client can offer.
Nystrom: Nah, see… I already signed the one you left for me last night. (Hands Nick the signed release) I already took your first offer.
Nick: (Nods) Well, just-just-just sign this one. (Slides the new release in front of him)
Nystrom: But, what about that one?
Nick: Just-just sign that one. Just sign that one.
Nystrom: Well, thank you, man. (Signs the release)
Petra drops a glass in the kitchen—in a fit of coughing.
Nystrom: (Goes to see about her) Honey?
Petra: Daddy.
Nick: She all right? (Concerned)
Nystrom: (Reveals blood on a tissue) It started last night.
Nick: She should see a doctor.
Nystrom: Well, the clinic shut down last year.
Nick: You know, I represent the county hospital in the City. You… you could go and take her to see Dr. Aaron Wasserman. (Takes out his business card) I'll write it down. Use my name. Okay? (Lays the card on the table)
Nystrom: Hey, man… thank you, for everything you done for us.
Nick nods and exits.
Scene: Ezra Pence's yard
Nick approaches. Ezra Pence is brandishing a stick at Sadie.
Sadie: Stop it! Just… ugh…
Nick: Hey! (Hurries to her defense)
Sadie: If you're gonna threaten me with that, you'd better be prepared to use it!
Pence: Get off my property!
Sadie: (Holds briefcase up to defend herself) I'll turn my back to you when you put that down!
Nick: Put it down! Put it down! (Takes the stick away and tosses it aside) Let's go. (They walk away) Did you get him to sign? (She grins)
Scene: The Incline—after hours
Nick: (Hands menu to waitress) Thank you.
Lulu: (Hands menu to waitress) Thanks.
Nick is very uncomfortable—squirms in his seat.
Lulu: (Sighs) Thanks for coming. I know you didn't want to but I really think that we should talk about things. Get it all out in the open.
Nick sniffs and puts his arm across the back of the booth—nods.
Lulu: Well, huh…
Nick: Yeah, yeah.
Lulu: Right. Because before I leave I think that it would be nice for us to have some kind of an ending. Or, you know, some kind of closure.
Nick: Closure?
Lulu: Right.
Nick: Right. (Rubs his fingers across his mouth—wrestles with his emotions)
Lulu: Nick?
Nick: (Whispered) Yeah?
Lulu: I'm sorry that I hurt you. I want you to know that. It was never my intention.
Nick: (Clears throat—pauses) D'you wanna come back to my place?
Lulu: What?
Nick: You heard me.
Lulu: (Chuffs) Nick.
Nick: Well, do you? (She grins)
Scene: Fallin & Fallin—lobby
Nick: (Enters the lobby) Morning.
Gretchen: Louisa Archer called for you three times. Also, a man named Paul Nystrom. Something about the county hospital not releasing his daughter. He said you'd understand.
Nick tosses Lulu's messages in the trash and leaves immediately.
Scene: County Hospital
Nystrom: They won't let me take her outta here and my car broke down in the parking lot and I can't afford to spend the night in some motel.
Nick: Just wait… wait just a sec. (Walks over to Dr. Wasserman) Excuse me, Dr. Wasserman? What's going on with Petra Nystrom?
Wasserman: Uhm… we did an ultra-sound. The, uh… fetus is micro-cephalic. (Nick shakes his head) Small-headed. Probably blind, deaf, possibility of mental retardation.
Nick: Did you talk to them about this?
Wasserman: Yeah.
Nick: Uh, this is why you wanna keep her in here tonight?
Wasserman: Petra's a strange case. Fluid in her lungs. Looks like pulmonary edema.
Nick: What would cause that?
Wasserman: Could be a number of things.
Nick: Environmental?
Wasserman: In a girl this age, chances are good.
Nick: Her father wants to take her home tonight.
Wasserman: It's a risk. But… if he insists on taking her home, I can't stop him. Have him get an AMA from the admitting nurse, sign it, and bring her back here tomorrow for tests.
Nick: All right. (To Nystrom) Okay, you have to sign an Against Medical Advice release. See the admitting nurse and you can take her home.
Nystrom: Okay. I'll sign it. (Nick starts to walk away) Uh, Mr. Fallin, you know if there's any buses that go from Pittsburgh to Vernon?
Scene: Vernon, PA—Nystrom's house
Nick exits and goes to his car then grabs his briefcase and walks to Ezra Pence's house.
Pence: What the hell do you want?
Nick: Mr. Pence. My name is Nicholas Fallin and…
Pence: That colored girl told lies about my grandson. She lied.
Nick: Mr. Pence, I'm here to offer you…
Pence: She said he was drunk. Said the accident was his fault.
Nick: I-I know nothing about that situation. I am here to talk about your property.
Pence: Well, that blackie walks on my property again, I'm gonna put a bullet in her head.
Nick: Mr. Pence. My associate's name is Sadie Harper. Now Mr. Hostetler is willing to negotiate.
Pence: I read the papers that girl left. Hostetler's a liar. He's always been a liar.
Nick: Okay, just today, I can increase the offer to thirty thousand dollars.
Pence: My grandson wasn't a drunk. He wasn't. Lived with me almost his whole life. A good kid.
Nick: I'm sure he was.
Pence: Fifty-three years I worked for Hostetler Coal.
Nick: Thirty thousand dollars is at least three times the value of this property. Mr. Pence…
Pence: You know how many miners died down there over the years? Like going to war. Working down there is no different than going to war.
Nick: I appreciate your time. If you reconsider, that's my card. (Hands him a business card and starts walking away) Thank you.
Pence: Report says the fire is burning in Henderson Hills. You tell Phil Hostetler he's full of crap.
Nick: What's it gonna take, Mr. Pence?
Pence: Would you speak up!
Nick: (Approaches) What is it gonna take?!
Pence: Forty thousand dollars!
Nick: (Pause) I can do that.
Pence: (Surprised) Forty thousand?
Nick: Sure. Just sign here. (Hands him the release and points to the signature line)
Pence: Fire's burning right under your feet, you know? I can smell it. Smoke comes up. It's even worse over there in the cemetery. (Points with Nick's pen)
Nick: Thank you. I appreciate it. (Grabs his pen before Pence can pocket it) I'll process your check immediately. (Leaves)
Pence: Burning under your feet. You tell him that.
Nick walks to the cemetery and sees smoke rising from the ground. Covers his nose from the smell.
Scene: The Incline
Nick: Mr. Hostetler. Coal fires release toxins, right?
Hostetler: Well our position is there's… there's no evidence linking coal emissions with health problems. There've been no definitive studies.
Nick: Uh, there's a family—they signed a release… The daughter… her unborn child is sick.
Hostetler: Okay.
Nick: And the girl has pulmonary edema.
Hostetler: Right.
Nick: Well, it's quite an unusual condition for a fourteen-year-old.
Hostetler: (Chuckles) Well, so is being pregnant.
Nick: (Chuckles) Yeah. The doctor says that her problems may be environmental.
Hostetler: Convenient.
Nick: So you don't wanna do anything?
Hostetler: Oh, this happens all the time, Mr. Fallin.
Nick: Well, if there's a coal fire burning underneath Vernon and…
Hostetler: We don't believe the fire has spread to that area.
Nick: …if people do get sick, they could trace it back to your corporation.
Hostetler: Yes?
Nick: Well, you-you may want to consider injury releases.
Hostetler: Well, we don't know if we've made anybody sick.
Nick: Would you rather spend a little bit now or a lot later?
Scene: Fallin & Fallin—lobby
Nick enters to find Nystrom waiting.
Nick: Mr. Nystrom.
Nystrom: The doctors are saying that Petra has cancer.
Nick: Oh, I'm sorry.
Nystrom: And they're gonna have to abort the baby 'fore they can treat her…
Nick: Ooh.
Nystrom: …or she could die. Anyway, I was just wondering if maybe you could come down there and talk to your friend.
Nick: Mr. Nystrom, could we take this to my office?
Nystrom: 'Cause they're trying to move her somewhere else. They're saying they can't treat her there.
Nick: Uh, well, it-it's not really my place to get…
Nystrom: But you know him.
Scene: County Hospital
Wasserman: We did an MRI. Tumors have perforated the lung membrane, a sign of a very aggressive cancer.
Nick: What can you do for her?
Wasserman: The treatment she needs is way beyond our resources.
Nick: The baby?
Wasserman: She'll have to terminate the pregnancy if she wants to treat the cancer.
Nick: Where you gonna send her?
Wasserman: She has to stay here for now. Look, Petra's best shot is angiogenesis inhibitor therapy. It cuts off blood supply to the tumors. But, it's relatively new and unfortunately Mr. Nystrom's insurance carrier's refusing to cover it.
Nystrom: Why?
Wasserman: They claim it's experimental. We could put her through the traditional treatment: chemo, radiation. But from my experience I haven't seen that work on something this aggressive and I've never seen it work on a girl this age.
Nick: Who's the insurance carrier?
Wasserman: Mr. Nystrom's still covered by his old health plan from when he was a miner. I'll fax you over the contact information.
Nick: Thank you.
Wasserman: Mr. Nystrom? You need to sign some consent forms… for the abortion.
Nystrom: Well, good thing I signed that form for my property. Least I got that money coming in.
Nick: Right.
Nystrom: Maybe I can use that to pay for what she needs.
Scene: Fallin & Fallin—Burton's office
Nick enters without knocking.
Burton: Hey.
Nick: Hey.
Burton: So, I hear you're trying to take Hostetler away from Cranston.
Nick: Yeah.
Burton: Well, we land those guys, we'll need an environmental lawyer. Someone who really knows the ropes around the Federal courts.
Nick: I know that, Dad. (Sits silently)
Burton: What?
Nick: There's this girl—fourteen-years-old. She has cancer. She needs a lot of expensive treatment. Her father's insurance company doesn't wanna pay for it.
Burton: So?
Nick: Hostetler Coal may have made her sick.
Burton: How?
Nick: Toxins from the coal fire.
Burton: So Hostetler wants to settle her out, cheap, huh?
Nick: 'Course.
Burton: Her family got a lawyer yet?
Nick: No, but they're beginning to trust me.
Burton: Well, I know it's tough for you, son, but, uh… you gotta get 'em to sign it.
Nick: Yeah. The money Hostetler's offering isn't gonna begin to cover her medical fees.
Burton: Hostetler retained you?
Nick: That's right.
Burton: So, you gotta be above board and just explain everything to the… to the family.
Nick: Yeah, of course.
Burton: Uh, your job is…
Nick: I know what my job is, Dad.
Burton: Well, then…
Nick: Right.
Burton: Big Coal. (Returns to the work on his desk)
Scene: County Hospital
Nick: Hey. How you feeling?
Petra: Okay, I guess. I'm sore, a little.
Nick: I got you something. (Hands her a rolled-up pamphlet)
Petra: A Watchtower. (She smiles)
Nick: Um… where's your father? (Removes a paper from his briefcase)
Petra: I… he went to get coffee.
Nick: Right.
Petra: You know, she was dead already.
Nick: What?
Petra: The baby died before the operation.
Nick: Oh. I'm sorry.
Petra: No. It's okay. I'll see her soon. I heard my doctor tell my dad that I probably wouldn't live, so… I'll see my baby soon.
Nystrom walks in carrying a cup of coffee.
Nystrom: Nick.
Nick: Hey. (Extends his hand) I… I, uh… I-I made an appointment with the insurance company for later today.
Nystrom: Well, you think you can get 'em to pay for Petra's care?
Nick: I'll try.
Nystrom: Well, thank you, man.
Nick: Uh… (To Petra) …well, I-I'll see you later.
Petra: Okay.
Nick: Okay. Enjoy the read. (Starts to leave)
Petra: Yeah. (Giggles)
Nystrom: Hey, uh… did you just come down here to see how she was doin'?
Nick: Yeah. Yeah. (Still holding the paper in his hand)
Scene: LSP—Lulu's office
Nicks knocks at her open door.
Nick: You got a minute?
Lulu: Yeah. (Closes door)
Nick: I have a guy from American Northeastern Insurance in the meeting room.
Lulu: What?
Nick: There's a guy in the meeting room from American…
Lulu: No. I heard what you said. You wanna talk about a case?
Nick: That's right.
Lulu: I called you three times.
Nick: I know. I know. Listen, I need you to be the attorney of record on this case.
Lulu: Nick, we had sex the other night. I mean, you-you don't even wanna talk about what happened.
Nick: The Company I represent may be involved in this matter so I can't have my name showing up on anything related to this.
Lulu: Nick. (Shaking her head)
Nick: There's a young girl that has cancer and the insurance company won't cover her medical costs. Can you help me out with this or not?
Scene: Bullpen
Nick: The guy's name is Cabe Goodman.
Lulu: Got it.
Nick: He's gonna argue that his company's only required to cover standard and generally accepted medical care.
Lulu: Okay.
Nick: You need to argue bad faith. They reject these claims as a matter of course.
Lulu: I know what bad faith is.
Nick: Their Company rejects seventy-eight percent of claims that cost more than a quarter million. They routinely deny care for people living under the poverty line.
Lulu: All right. Got it. (Turns to walk into the meeting room)
Nick: Hey. Thank you.
She enters the meeting room and shakes hands with the representative. Nick lingers then runs to the elevator.
Scene: Ezra Pence's house
Pence: I don't care how much he's offering.
Nick: If you sign the second release, Mr. Pence, my client would have given you sixty thousand dollars.
Pence: Given me?
Nick: That's right.
Pence: I gave the Hostetlers fifty-three years of my life. My friends and family… most of them died for that man… in the mines, from emphysema, terrible accidents. Hostetler killed this town. Polluted the river, destroyed the mountains. Nobody wants to live here anymore. And you say he's giving me something?
Nick: You signed the first release, Mr. Pence.
Pence: I'm sorry I did.
Nick looks at Pence a moment, then takes the release and starts to leave.
Pence: You tell Mr. Hostetler, if he gives me ten minutes of his time and an apology, I'll sign that second form for nothing.
Nick: Ten minutes of his time?
Pence: That's what I said. (Nick exits)
Scene: Fallin & Fallin—Nick's office
Lulu waits. Nick enters.
Lulu: Hey.
Nick: (Whispered) Hey.
Lulu: Well, the insurance carrier won't budge. Claims it's experimental care.
Nick: Right. (Walks to the window and gazes out)
Lulu: So, I set up an arbitration.
Nick: Okay.
Lulu: I looked in the file. Northeastern Atlantic is the insurance carrier for American Mine Workers.
Nick: Right.
Lulu: You representing a coal company? (No response) What'd you do to that girl?
Nick gives her a look just as his father walks in.
Burton: Hey, Lulu.
Lulu: Burton. Hey.
Burton: How ya doing?
Lulu: I'm well, thanks. (They shake hands)
Burton: Yeah. You look, uh… beautiful.
Lulu: Uh… thank you. (Laughing)
Burton: I'd still like to have that dinner we all talked about.
Lulu: Uh, well… (Glances at Nick) …uh, that would be nice.
Burton: Yeah. Let's do it.
Lulu: (To Nick) Uh, so anyway what… what we were just discussing is, uh… gonna be scheduled for tomorrow.
Nick: Great. Thank you.
Lulu: Okay. Good to see you, Burton.
Burton: Good to see you. Thanks. (Lulu exits) So that new girl, uh… got releases from five families down in Vernon.
Nick: Right.
Burton: And she said you'd take care of the other two, right?
Nick: That's right. Yeah.
Burton: You need any help finishing that up?
Nick: No. No.
Burton: What about the sick girl's family?
Nick: Nah, it's not… it's not a good time. She's, uh… she's in the hospital being treated for cancer. It's-it's not a good time.
Burton: Good time for whom? Doesn't matter if it's a good time, Nicholas, for anybody except Hostetler Coal. (Exits)
Scene: County Hospital—Petra's room—after dark
Nick: This is an addendum to your previous release. It asks you to waive any present or future claims against Hostetler for any injury that you or your family may suffer as a result of their maintenance to the mines.
Nystrom: You mean like if we get hurt if the mine collapses or something?
Nick: Any injury resulting from the maintenance of their mines.
Nystrom: What kind of injury?
Nick: Injury can be defined as anything that affects your health.
Nystrom: (Pauses) Should I get a lawyer or something?
Nick: That's up to you.
Nystrom: But I'm asking you.
Nick: I can't advise you.
Nystrom: Why not?
Nick: Paul… I represent the coal company. You understand that?
Nystrom: Well, yeah, but you're helping us.
Nick: The insurance matter is separate from these releases.
Nystrom: But you think this is a good deal.
Nick: It's what the company's offering.
Nystrom: (Sighs)
Nick: You don't have to now. It's a big decision. We can talk about it tomorrow. All right?
Nystrom: All right.
Nick leaves the release and exits.
Scene: Falllin & Fallin—conference room
Nick: Ezra Pence. He doesn't want money.
Hostetler: What does he want?
Nick: He wants an apology.
Hostetler: Mr. Fallin, my family has owned this company for five generations and we've employed tens of thousands of workers in this state. I have nothing to apologize for.
Nick: It is cheaper than the alternative. (Hostetler nods) I'll set something up.
Hostetler: Wh-what about this Nystrom guy?
Nick: Uh… he hasn't signed yet.
Hostetler: Um… Does he have a lawyer?
Nick: I don't believe so.
Hostetler: Well, advise me.
Nick: You need to pay real money.
Hostetler: But, you've been able to collect those medical releases signed by everybody for twenty thousand dollars.
Nick: The Nystrom girl is already sick. If the father did decide to go after you now and he got an expedited trial, you could end up paying millions.
Hostetler: What's the number?
Nick: I think I could get him to go for five hundred thousand.
Hostetler: I won't go beyond three hundred. And you do your very best to keep it well below that.
Nick: Of course. Right.
Hostetler: You sure this is the best way to go?
Nick: Yes.
Hostetler: You sure?
Nick: Yes.
Hostetler: Okay. Let's do it.
Scene: County Hospital
Nick encounters Sadie leaving Petra's room as he approaches.
Nick: Sadie? What were you doing in there?
Sadie: Your father asked me to take care of this. (Hands him the release, smiling)
Nick: You had the Nystroms sign?
Sadie: He settled all claims for twenty-five thousand.
Nick: (Shakes his head—distressed) No. No. No-no-no. I-I… I told you that I would handle the Nystroms.
Sadie: I was just doing what your father asked me to do. (She exits)
Nick peers through the glass into Petra's room. Her father holds her hand.
Scene: Fallin & Fallin—Burton's office
Nick passes by and looks through the window with disdain. Burton sits on the edge of his desk talking with a man and a woman.
Burton: The other guy says, “Well, I'll tell ya what. Why don't you take the six of one and I'll… I'll take the half a dozen of another.” (They laugh)
Scene: Arbitration session
Nick sits to the side as a silent observer.
Lulu: You heard the testimony of Dr. Aaron Wasserman. He stated, under oath, that inhibitor therapy might save Petra's life.
Cabe Goodman: Might save her life. He couldn't say for certain.
Lulu: Well, certainty of result is not a standard in medical coverage.
Cabe: This is not care that is generally accepted in the medical community. That is the standard set forth in the policy.
Lulu: You know, your company will deny just any claim it deems too expensive.
Cabe: The fact remains that this treatment is not widely used…
Lulu: Right, because insurance companies refuse to cover it as a matter of course.
Cabe: As a matter of course, we refuse to cover care that is experimental. You are right about that.
Lulu: Have you thought about who you cover?
Cabe: Who the insured is is irrelevant.
Lulu: Irrelevant? My client is a young girl that's about to die from cancer because your company wants to save some money. I mean, I don't know what's more relevant than that.
Arbitrator: I've heard your arguments. You'll have our decision in a few hours.
Arbitration panel exits. Lulu turns to Nick.
Lulu: Did that girl's family sign away her right to sue for damages? (Nick bows his head) Right.
Nick: They signed for twenty-five thousand.
Lulu: Well, you know, you did your job.
Nick: (Whispered) Yeah. Right.
Lulu: I, uh… I'm sorry if…
Nick: That's fine. You know, I just… I just thought that maybe I could, uh… you know… help her. (Starts to exit)
Lulu: Hey-hey. (He turns to face her) Why won't you talk to me about what happened the other night?
Nick: What would you like to talk about?
Lulu: You know, just because I'm leaving doesn't mean that we can't have some kind of a relationship.
Nick: How?
Lulu: I still have feelings for you and I know that I… I kinda blew the whole thing…
Nick: You didn't blow it. You didn't blow it.
Lulu: Okay, well, maybe we can try it again.
Nick: Are you still going away?
Lulu: Yeah, but, uh…
Nick: Well, I just can't see how it would work. (Exits)
Scene: Fallin & Fallin—conference room
Burton and Hostetler sit side by side at the table.
Nick: (Opens the sliding doors) He's here.
Hostetler: All right.
Nick: Mr. Pence, this is Burton Fallin… Mr. Hostetler.
Pence: (Stares at Hostetler)
Hostetler: You have my full attention, Mr. Pence.
Pence: (Rummages in his pocket for a dog-eared photo) (Sobbing) My grandson. He's dead. He's dead.
Everyone is touched by the emotional scene.
Scene: Forbes Avenue entrance to the Frick Building
Hostetler: A hell of a thing in there. That old man. Hell of a thing.
Nick: Yeah.
Hostetler: You get vilified. Job like this, people could forget I'm just a human being.
Nick: Right.
Hostetler: People can forget that. So… (Sighs) I have a huge investigation with the State regulators. They're claiming that we're overcharging the distributor who delivers to the minority neighborhoods. Of course, that's not true but it's bad press. And the civil penalties could really sting if they can prove it. You game?
Nick: Sure.
Scene: County Hospital—outside Petra's room—after dark
Nick: The arbitrator ruled against you.
Nystrom: So what does that mean?
Nick: The insurance company won't pay for Petra's care and you can't appeal.
Nystrom: Well, the money from Hostetler will be coming in soon.
Nick: Therapy's gonna cost a lot more than that, Paul.
Nystrom: Is there anywhere I can go, like a bank or something?
Nick: I don't know.
Nystrom: Well… well, we can stay here, right? I mean, the-the-the chemo might work. They might be able to cure her here. (Nick bows his head—Nystrom pats him on the back) Hey, man, come on. You did your best.
Nick: Well, uh…
Nystrom: Leaving already?
Nick: Yeah, I gotta—I gotta get back to work.
Scene: Fallin & Fallin—lobby
Nick enters and is met by Sadie, descending the stairs.
Sadie: Nick. About what happened in the hospital...?
Nick: No, it's okay. I did ask you to help me.
Sadie: Well, for what it's worth, it was a pleasure working with you.
Nick: You, too.
Sadie: Hopefully it won't happen again, soon. (Walks away with a look from Nick)
Burton: Nick. Nick. I, uh… heard we officially picked up Hostetler.
Nick: Yeah.
Burton: Biggest client we've ever had.
Nick: Right.
Burton: Congratulations, son. Good job.
Nick glumly watches as his father walks away.
END OF EPISODE
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