Of course the game is deterrence. Motley Rice had been pursuing Sherwin-Williams in litigation since the end of the 1990s. Finally, just a few years ago, that ended in Rhode Island when the state Supreme Court tossed the whole enchilada Download Statev.LeadIndustriesAssoc.,Inc. But it didn't end it for the defendant.
Rhode Island Superior Court Judge Michael Silverstein ruled against having the lead paint plaintiff, which employed Motley Rice on contingency, reimburse defendants for administrative legal costs for all those years. In response, Sherwin-Williams indicated through its outside counsel Jones Day that it will attempt to bring the matter for review by the Rhode Island Supreme Court. Of course, a deterrent strategy, but at the added cost of yet more litigation. Sweet. Incidentally, 3Ls, would you have advised Sherwin-Williams to make that move?
There's more. There's the lawsuit "Sherwin-Williams v. Motley Rice LLC, Et al." in Case no. CV 09 689237, Court of Common Pleas, Cuyahoga County, Ohio. Those legal costs aren't peanuts. Because of my role as blogger, I am a witness. Experts on Internet law listen up.
On September 15, 2010, I had been deposed in New Haven, Connecticut. An attorney from Jones Day, representing Sherwin-Williams, and one representing Motley Rice flew in from Cleveland, Ohio to do that deposition. There was the rental of the conference room in a hotel. There was the airfare for both. There were their billable or project hours. In addition, there was the expense of a court reporter and a video expert. One more cost. When handed the subpoena to appear there was a check for $3.00.
What immediately came to my mind was that iconic scene from the film "Bonnie and Clyde." The police are aggressively chasing the bandits. Then Bonnie and Clyde turn around their car and start chasing the police. That too was a kind of deterrent, wasn't it. Message given and received: think before messing with us again.
Being a witness has been traumatic. Twice since the deposition I had those classic nightmares of the over-educated. One was being late for an exam. The other was not knowing the room the exam was being held in. There is the possibility I will be called to testify in open court. Perhaps by then I will get a prescription from a therapist for a service dog. There will then be the cost of not only flying me in but the dog too.
Everything is copy to a writer. This has become copy. It could take the form of a book on litigation games, both by corporations like Sherwin-Williams and the plaintiff bar, or a Michael Moore kind of documentary on the crime of litigation and punishment. A good time will be had by all. Healing happens in diverse ways.
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