Balance Of Power by Patterson Richard North

Author:Patterson, Richard North [Patterson, Richard North]
Language: eng
Format: epub
Tags: Mystery, Romance, Crime, Politics, Suspense, Thriller, Contemporary
ISBN: 9780330490832
Publisher: Pan
Published: 2003-01-02T00:00:00+00:00

TWENTY-ONE

Adjusting his glasses, Gardner Bond coughed. To Sarah, nervous herself, these tics suggested that the judge also felt the tension of the moment. Across the courtroom, Nolan and Fancher were stiff, attentive.

“The Court,” Bond gravely pronounced, “wishes to add its own expression of sorrow regarding the events which have brought us to this day. That we must view them through the prism of law should not be taken, in any way, as an effort to minimize this tragedy.

“But this is a court of law. The task before us is limited to deciding a legal issue: whether the facts alleged in plaintiff ’s complaint constitute, under the laws of California, claims which the Court must allow to go forward.”

Apprehensive, Sarah glanced at Lenihan. His stillness suggested that he, like Sarah, sensed that Bond’s self-exculpatory statement was his prelude to dismissal.

“To be plain,” Bond continued, “plaintiff ’s accusations against these defendants exist at the margins of the law, and rest on ‘facts’ which will be extremely difficult to prove.

“At the least, Ms. Costello must prove that Lexington’s actions caused John Bowden to act.

“That Lexington’s actions in Nevada are a public nuisance in California.

“That the SSA controlled these actions in a manner which violates the law of antitrust, or is otherwise cognizable as law.

“And that this Court should—or even can—issue an injunction of almost unprecedented breadth . . .”

Where, Sarah wondered, is Bond going? Her fingers gripped the edges of her chair.

On the bench, Bond sat upright. “That said,” he continued, “what the Court cannot say—at least prior to discovery—is that, under the law, there is no conceivable set of facts through which plaintiff can support these claims.”

Lenihan drew a breath. Eyes closed, Sarah heard Bond conclude, “For these reasons, the Court must deny defendants’ motion to dismiss . . .”

With Senator Ayala scowling beside him, Senator Chad Palmer asked the Senate Commerce Committee to vote on the Civil Justice Reform Act. Watching the proceedings on CNN, Kerry murmured to Clayton, “Vic Coletti’s the one who’s still shaky. And now I can’t reach him.”

“Then he doesn’t want you to. With Lexington’s headquarters in his home state, plus all those insurance companies, he must be feeling the pressure.”

One by one, the vote proceeded; one senator after another, including the Republican moderates, voted with their party—“yes” for the Republicans; “no” for the Democrats—on a bill which would wipe out Mary Costello’s lawsuit. Kerry’s tension focused on Coletti.

Senator Coletti?

Sitting amidst his Democratic colleagues, Vic Coletti fidgeted. But he cast his vote in a flat, businesslike voice that, to Kerry, hinted at defiance.

Yes.

“I hope,” Clayton murmured, “that Vic’s not expecting any favors.”

The President did not answer. He was already thinking ahead, weighing the motives of one hundred men and women.

By a vote of ten to seven, Chad Palmer announced, this committee recommends that the Civil Justice Reform Act be considered by the Senate.

“The next business,” Bond told Lenihan and Sarah, “is to shape discovery. How will plaintiff attempt to prove her case?”

Seemingly heartened, Lenihan stood. “Our proposed discovery is quite straightforward.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.