especially compelling here,” said Candela, “where it is highly doubtful that the plaintiffs will prevail at trial.”
“It’s too early to be arguing about that,” said the judge.
“This is a key point, Your Honor. After the Exxon Valdez spill in Alaska, Congress passed the Ocean Pollution Control Act. That act makes it unnecessary for anyone affected by an oil spill to prove that the oil company was at fault. The only issue is whether the oil spill caused damage and the dollar amount of those damages. But the act doesn’t apply to spills in Cuban waters. Every single one of the plaintiffs in this courtroom must meet the strict requirements of international maritime law. They must prove to a jury exactly what each defendant did wrong. In other words, the plaintiffs here are a long, long way from collecting any money.”
“That’s an issue I’ve not yet focused on,” said the judge, “but I understand your point.”
“One last thing,” said Candela. “It is important for the court to understand the history of overreaching in situations like this one. For example, in the Deepwater Horizon spill of 2010, two of Mr. Foman’s clients from south Florida were eventually convicted of fraud and had to give up their Bentley and waterfront McMansion on Lighthouse Point to serve a thirteen-year sentence in federal prison.”
“I object,” said Freddy, rising. “Mr. Candela is talking about two bad apples in a class action with over ten thousand members. Unbeknownst to me, they stole the identities of folks in Broward County and filed three million dollars in phony claims. I never even met those crooks.”
“No need to explain,” said the judge. “No one’s motives are being impugned today. But I will say this, Mr. Foman: the issue before the court seems like a no-brainer. I can’t imagine why any assets should be seized before one drop of oil has even reached the Florida Keys.”
“Commercial fishing has already been impacted,” said Freddy. “Tourism is tanking as we speak. As we saw in Deepwater Horizon, if people even think there’s oil in the water, they won’t eat your fish or stay at your beachfront hotel.”
“People need to get their fears under control,” the judge said. “Until there is actual damage, any effort to freeze the defendants’ assets is premature.”
“I respectfully disagree,” said Freddy. “But if the question of prematurity is foremost in the court’s mind, I would point out that there is one case before this court in which the injury has undeniably occurred.”
Jack froze. Freddy is going to drag me into this.
“My colleague from Miami, Jack Swyteck, has filed a wrongful death suit on behalf of a widow of one of the workers on the rig. I would be more than willing to yield my time to Mr. Swyteck. I believe it would be beneficial for the court to hear from him.”
Jack could hardly believe his ears. To his dismay, the judge took the bait.
“Yes, my law clerk brought that case to my attention this morning,” said the judge. “Mr. Swyteck, are you in the courtroom?”
Reluctantly, Jack rose. Heads turned toward the back of the courtroom.
“Yes, Your Honor,” said Jack.
“Sadly, your client has already lost her husband, which would seem to put you in a different circumstance. So let me ask you this: If I rule for the oil consortium with respect to the property claims, should my ruling also prevent your client from attempting to seize any of the defendants’ assets before trial?”
Jack wasn’t fully prepared to explain his position, but there was only one answer he could give. “My client should not be affected.”
The judge waved him forward. “Come to the microphone, please. The court would like to hear more from you before ruling.”
Jack hesitated. “If the court would indulge me, I would like to have a little time to prepare—”
“Mr. Swyteck, come forward . The court is being asked to decide whether Venezuelan supertankers can or cannot
Jamie Begley
Jane Hirshfield
Dennis Wheatley
Raven Scott
Stacey Kennedy
Keith Laumer
Aline Templeton
Sarah Mayberry
Jean-Marie Blas de Robles
Judith Pella