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Chapter 29

THE HANNA PORTLAND Cement Company was founded in Reedsburg, Pennsylvania, in 1946, in time to catch the postwar explosion of new home construction. It immediately became the largest employer in the small town. The Hanna brothers ran it with iron fists, but they were fair to their workers, who were their neighbors as well. When business was good, the workers received generous wages. When things were slow, everybody tightened their belts and got by. Layoffs were rare and used only as a last resort. The workers were content and never unionized.

The Hannas plowed their profits back into the plant and equipment, and into the community. They built a civic center, a hospital, a theater, and the nicest high school football field in the area. Over the years, there was a temptation or two to sell out, to take serious cash and go play golf, but the Hanna brothers could never be sure that their factory would remain in Reedsburg. So they kept it.

After fifty years of sound management, the company employed four thousand of the eleven thousand residents of the town. Annual sales were $60 million, though profits had been elusive. Stiff competition from abroad and a slowdown in new housing starts were putting pressure on the income statement. It was a very cyclical business, something the younger Hannas had tried unsuccessfully to remedy by diversifying into related products. The balance sheet currently had more debt than normal.

Marcus Hanna was the current CEO, though he never used that title. He was just the boss, the number-one honcho. His father was one of the founders, and Marcus had spent his life at the plant. No less than eight other Hannas were in management, with several of the next generation out in the factory, sweeping floors and doing the same menial jobs their parents had been expected to do.

On the day the lawsuit arrived, Marcus was in a meeting with his first cousin, Joel Hanna, the unofficial in-house lawyer. A process server bullied his way past the receptionist and secretaries up front and presented himself to Marcus and Joel with a thick envelope.

"Are you Marcus Hanna?" the process server demanded.

"I am. Who are you?"

"A process server. Here's your lawsuit." He handed it over and left.

It was an action filed in Howard County, Maryland, seeking unspecified damages for a class of homeowners claiming damages due to defective Portland mortar cement manufactured by Hanna. Joel read it slowly and paraphrased it for Marcus, and when he finished, both men sat for a long time and cursed lawyers in general.

A quick search by a secretary found an impressive collection of recent articles about the plaintiffs' attorney, a certain Clay Carter from D.C.

It was no surprise that there was trouble in Howard County. A bad batch of their Portland cement had found its way there several years earlier. Through the normal channels, it had been used by various contractors to put bricks on new homes. The complaints were fresh; the company was trying to get a handle on the scope of the problem. Evidently, it took about three years for the mortar to weaken and then the bricks began to fall off. Both Marcus and Joel had been to Howard County and met with their suppliers and the contractors.

They had inspected several of the homes. Current thinking put the number of potential claims at five hundred, and the cost of repairing each unit at about $12,000. The company had product liability insurance that would cover the first $5 million in claims.

But the lawsuit purported to include a class of "at least two thousand potential claimants," each seeking $25,000 in actual damages.

"That's fifty million," Marcus said.

"And the damned lawyer will rake forty percent off the top," added Joel.

"He can't do that," Marcus said.

"They do it every day."

More generalized cursing of lawyers. Then some specifics aimed at Mr. Carter. Joel left with the lawsuit. He would notify their insurance carrier who would assign it to a litigation firm, probably one in Philadelphia. It happened at least once a year, but never one this big. Because the damages sought were much higher than the insurance coverage, Hanna would be forced to hire its own firm to work with the insurance company. None of the lawyers would be cheap.

THE FULL-PAGE AD in the Larkin Gazette caused quite a stir in the small town hidden from the world in the mountains of southwest Virginia. Because Larkin had three factories it had slightly more than ten thousand people, a regular population center in the mining country. Ten thousand was the threshold for full-page ads and Skinny Ben screening that Oscar Mulrooney had established. He had studied the advertising and arrived at the opinion that the smaller markets were being overlooked. His research had also revealed that rural women and Appalachian women were heavier than those in cities. Skinny Ben territory!

According to the ad, the screening would take place the following day at a motel north of town and would be conducted by a medical doctor, a real physician. It was free. It was available to any person who had taken benafoxadil, aka Skinny Bens. It was confidential. And it might lead to the recovery of some money from the manufacturer of the drug.

At the bottom of the page, in smaller print, the name, address, and phone number of the D.C. Law Offices of J. Clay Carter II were given, though by the time most readers got that far they had either quit or were too excited about the screening.

Nora Tackett lived in a mobile home a mile outside Larkin. She did not see the ad because she did not read newspapers. She read nothing. She watched television sixteen hours a day, most of the time while eating. Nora lived with the two stepchildren her ex-husband had left behind when he hit the road two years earlier. They were his kids, not hers, and she was still not sure exactly how she'd come to possess them. But he was gone; not a word, not a dime for child support, not a card or a letter or a phone call to check on the two brats he'd forgotten when he fled. And so she ate.

She became a client of J. Clay Carter when her sister saw the Larkin Gazette and arranged to come fetch her for the screening. Nora had taken Skinny Bens for a year, until her doctor had stopped prescribing the drug because it was no longer on the market. If she'd lost any weight with the pills, she couldn't tell.

Her sister loaded her into a minivan and thrust the full-page ad in front of her. "Read this," MaryBeth demanded. MaryBeth had started down the road to obesity twenty years earlier, but a stroke at the age of twenty-six had been her wake-up call. She was tired of preaching to Nora; they'd fought for years. And they began fighting as they drove through Larkin and headed for the motel.

The Village Inn had been selected by Oscar Mulrooney's secretary because it appeared to be the newest motel in town. It was the only one on the Internet, which hopefully meant something. Oscar had slept there the night before, and as he had an early breakfast in the motel's dirty cafe he wondered once again how he'd fallen so far so fast.

Third in his class at Yale Law School! Wined and dined by the blue-chip firms on Wall Street and the heavyweights in Washington. His father was a prominent doctor in Buffalo. His uncle was on the Vermont Supreme Court. His brother was a partner in one of the most lucrative entertainment law firms in Manhattan.

His wife was embarrassed that he was off again in the boondocks chasing cases. And so was he!

His tag-team partner was a Bolivian intern who spoke English but did so with an accent so thick even his "Good Mornings" were hard to understand. He was twenty-five and looked sixteen, even in his green hospital scrubs, which Oscar insisted he wear for credibility. Med............

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