Legal Reserves

by James Rosenberg

  “Probably, Judge,” Kathy said with a smile. “But they are only saying good things.”

  “Make sure you walk around the courtroom and if you hear anyone saying anything bad about me let me know.”

  Kathy shook her head. “Sorry Judge. I have to stay up here near you to make sure you are calling the right case. It’s going to be up to you to make sure you keep control.”

  “Fine. Then we should get started. What do we have, twelve motions for summary judgment?”

  “Right on, Judge.”

  “Want to bet how many cases I dismiss?”

  “Not really, but if you’re anything like my last judge, it won’t be too many. He didn’t like to write opinions.”

  “Well, if I grant the motion, I won’t have to worry about a trial. Kind of balances out. Let’s just see how this goes. I haven’t made my mind up on most of them. Hopefully, we’ll get some good argument.”

  “I certainly hope so.”

  Kathy stepped back and sat in her place in front of the judge’s bench. Jeri picked up the first file and called out the case name. She placed her yellow pad with her notes about the case in front of her.

  The arguments proceeded quickly and uneventfully. Jeri allocated fifteen minutes per side for argument, but most lawyers completed what they had to say with time to spare. After the lawyers had their say, Jeri decided to make her rulings without taking additional time to make her decision. For the first seven cases, she immediately denied the motions, ruining the moods of the defense lawyers who hoped the cases would disappear without the worry of trial or settlement.

  For the eighth motion, Jeri probed the plaintiff’s attorney in a car crash case, alleging the car company manufactured the brakes of the plaintiff’s car improperly, with questions about why the plaintiff didn’t retain the vehicle. When the victim’s attorney did not offer any explanation as to why his client allowed the car to be destroyed before the car company was aware of the accident, she granted the company’s motion and dismissed the case.

  Jack and Mike sat in the back of the courtroom watching their former classmate adjudicate the onslaught of arguments. Mike whispered to Jack, “This used to be Judge Weksel’s courtroom. He took forever to deal with motions and we never had any idea why he ruled the way he did. Jeri is getting through all of these motions with efficiency and there even appears to be logic and consistency to her rulings.”

  “Like we would expect anything else from her,” Jack quipped.

  “Good point. Looks like she’s running a tight ship. I’d make sure you answer her questions directly.”

  “Absolutely.”

  “I think we’re next. Good luck.”

  “Thanks. You too.”

  Two lawyers walked away from the bench after Jeri denied the defendant’s motion to dismiss. She tossed the file from the argument onto the pile of the previous motions. She picked up the last file of the day and announced with a slight smirk, “Gebbert versus Wendell’s department store.”

  Mike and Jack rose from their seats and walked together towards the bench. As Jack spread his papers across the lectern facing Jeri, she asked, “Can counsel please approach.” Mike and Jack paced around the wooden railing separating the lawyers from the judge to take their place in front of Jeri. They craned their necks slightly as she leaned forward to speak. The court reporter nudged in between Jack and Mike carrying her stenography machine ready to take down what Jeri would say.

  Jeri’s face lit up. “Oh no, Marianne, this is off the record. Please give us a minute,” she said. The reporter dutifully took her equipment and returned to the small desk in front of the witness stand.

  “Hi guys, how’s it going?” she asked, in spite of the setting.

  “Fine, Judge. How have you been?” Mike asked haltingly.

  “Mike,” Jeri began in a mocking voice, “you don’t have to call me judge when we are off the record.”

  “This is getting quite confusing,” Mike mumbled under his breath.

  Nodding, Jeri continued. “I brought you up here, not to discuss anything about your case−we’ll deal with that in a minute, but to ask you a personal favor.”

  “Go ahead,” Mike said.

  She started to talk, and then stopped. Jeri looked down at her friends, her eyes slightly moist. “You know my wedding is in two weeks−and I am thrilled you both are coming. You guys know my dad died a while ago and I was thinking....” Jeri was having difficulty forming her sentences and attempted a smile. “You two are my best friends, and I was hoping you would help me out and walk down the aisle with me at my wedding.”

  Mike and Jack looked at each other in astonishment. After only a slight hesitation, Mike blurted out, “Of course, we, I mean I, would love to.”

  “Absolutely,” they said in unison.

  She reached out to touch her friends’ arms resting on her desk. “Thank you, guys that is awesome. I will let you know the details as soon as I can.” She paused to gather herself. “Now that’s settled we can return to the Court’s business. Let’s hear some focused arguments.”

  Stepping back to their respective positions facing Jeri, Jack and Mike resumed their roles as advocates. Standing behind the lectern with his hands gripping its edges, Jack waited for a signal to proceed. Jeri located their legal briefs, noticed the court reporter was ready, and nodded for Jack to begin his argument.

  “Your Honor, Jack Rogers for the defendant, Wendell’s department store. This is defendant’s motion for summary judgment.”

  “You may proceed Mr. Rogers,” she said, inwardly chuckling at the formality which had quickly re-entered their discourse.

  “In this matter, the plaintiff came into our store and stole candy from one of our displays.”

  “Hold on counselor,” Jeri said interrupting. “Plaintiff claims she didn’t steal anything, so isn’t that issue in dispute? You’re not claiming it is an undisputed fact, are you?”

  Jack shuffled his feet and conceded, “No, you are correct. I am trying to give some background.”

  “Understood, Counselor, but when you are asking for summary judgment, all the facts you rely upon must not be in dispute. Let’s not argue to me like I am the jury in your case.”

  “I know, Your Honor. As I was getting to, our guard had a reasonable belief Mrs. Gebbert was shoplifting when he detained her and under Pennsylvania law our stores maintain the right to detain people for stealing as long as they have a reasonable basis for believing a crime occurred.”

  “Mr. Rogers, are you saying I must decide now that your security guard had a reasonable basis−how am I to know that?”

  “What I am saying, Your Honor,” Jack said with annoyance, while looking down at his prepared outline, “is under the circumstances it was reasonable for the security guard to detain her, which is exactly what he did.”

  Jeri couldn’t help herself but counter, “But he handcuffed her to a table, didn’t he?”

  “Yes, which is the point, I am trying to make. Under Pennsylvania law, a store owner has the right to detain a suspected shoplifter. The detective reasonably suspected the plaintiff of stealing. Accordingly, the employee did nothing wrong when he detained her. We ask the court to grant our motion and dismiss the plaintiffs’ case.”

  Jack picked up his papers before he finished his statement and once his final words were out of mouth turned to head back to the counsel table.

  Mike stared astonished as Jack shuffled away from the lectern. He watched Jack retake his seat and then approached the judge. Placing his papers in the same spot where Jack had argued, Mike looked up at Jeri, who offered a smile.

  “May it please the Court,” he began, “it appears that the defendant wishes Pennsylvania law allowed for outlaw justice and for untrained store security personnel to act like the police, or worse, attempt to coerce confessions out of unsuspecting shoppers.

/>   “I am going to keep this short because the actions of the company, and not just the security guards−but also the corporate officers who developed the policies this company implemented, are so far beyond what is allowable under the law that granting summary judgment would be an affront to anyone ever falsely accused of a crime.

  “First, we will never concede Mrs. Gebbert stole anything. But even if she did, what the store did was so beyond reason that no court should validate their policies by dismissing this case. Second, what they did to Mrs. Gebbert specifically defies explanation and is contrary to the law I provided the court in our brief.”

  Mike had no opportunity to raise additional arguments as Jeri announced, “Counselor, you can stop where you are. I reviewed the briefs and read the law. Although a store has the right to detain suspected shoplifters, questions of fact remain for a jury to decide. Accordingly, I am denying defendant’s motion and ordering this case to proceed to trial as scheduled.”

  Jeri banged her gavel and Mike let out a huge breath. Trying to keep a smile off of his face, he turned and observed Jack’s back as he headed for the door.

  Jeri said from the bench, “Gentlemen, I will see you in a couple of weeks.” Mike waved at Jeri as she picked up her folders off her desk and returned through the door leading to her chambers.

  After gathering his papers and stuffing them in his bag, Mike left the courtroom and walked towards Jack, who was waiting against the wall underneath the portrait of a bearded nineteenth century judge. Mike warily approached and was greeted by Jack’s golden smile.

  “I thought we had a shot at summary judgment, but I guess I was wrong,” Jack stated. “Not a huge deal, the company is ready to fight this one. I’d ask if you wanted to go to lunch, but I have to catch my plane, so I wanted to say goodbye. Let’s spend some time together when we get to Michigan, but do me a favor. Talk to your clients again about settlement. I think we have a fair package for them and with a little prodding from you, they should take the money. Perhaps we can wrap this up at Jeri’s wedding to save us the time and effort of preparing for trial.”

  Jack slapped Mike on his back. Mike began to respond, “I’ll try to...,” but Jack had already turned and started down the hallway before Mike finished his sentence. Mike shook his head and headed for the elevator.

  Chapter 37

  June 8, 2018—Five Years after Graduation from Law School

  GUESTS SWARMED THE lobby of the hotel, making a beeline for the restaurant situated by the check-in desk. Groups of people at the bar area sat at tables nursing their drinks. A line stretched back from the two bartenders who were trying to handle the influx of people.

  Weaving their way through the throng of people, Mike and Megan held hands, each pulling a small suitcase behind them. As they were waiting to check in, Mike was grabbed from behind by somebody jumping on his back and yelling, “I am so thrilled you made it.”

  Mike broke the embrace and turned to face a grinning Jeri who was bouncing up and down on her toes. Without pausing to take a breath, Jeri kept talking, “I am so glad, so glad and happy too.”

  Mike gave Jeri a hug and put a finger to her lips to quiet her. “Jeri, you know we would never miss this.” Noticing the new pink and blue sleeveless dress Jeri was wearing, Mike exclaimed, “By the way, you look awesome.”

  Jeri twirled to show off the cut of her new outfit. Spotting Megan standing next to Mike, Jeri extended her hand and said, “You must be Megan. Mike has excellent taste. Thank you so much for coming.”

  Megan blushed. “Thanks for having me on such short notice. I can’t wait for the wedding.”

  Jeri motioned to the group of people standing around the lobby and said, “We just finished the rehearsal dinner. It was so much fun and mostly about me, which usually I don’t like, but for this weekend I’m going to enjoy the attention. Too bad you couldn’t make it. The food was awesome. I think everyone is sticking around for a little celebrating. Please let me buy you a drink and you can meet my family.”

  “We will. Let us put our stuff in our room first.” Megan gave Mike a slight elbow in his side. Mike cleared his throat and added, “I mean, after we get situated in our rooms.” Jeri laughed, easing Megan’s embarrassment, and excused herself to talk to a husky man eager to give her a hug.

  Mike and Megan returned to the lobby after dropping off their bags. The bar was crowded with people who had attended the rehearsal dinner, but they were able to snag a table at the rear of the restaurant.

  “This should be quite a weekend,” Megan said as Mike signaled a server. “Thanks for that quick make-out session in the room. I’m sorry I had to work today, but I’m ready to unwind after that drive.”

  Their drinks arrived and Mike raised his glass. Megan clinked her glass against his. “So far not seeing anyone I know,” Mike offered. “There will be a bunch of people from law school here.”

  “I can’t wait to meet them, but I will enjoy our time alone and watching your friend Jeri soak up the weekend.”

  A few minutes later, a well-dressed man sporting a stylish haircut pulled out a chair and sat down without invitation. He placed himself in front of Mike, silently challenging his identification skills. Mike stared blankly at the familiar looking man, but could not place his fashionable clothes or confident manner.

  “The last time we spoke, you wanted to kick my ass,” the man said, smiling broadly at Mike and enjoying Mike’s discomfort. Recognition flashed after hearing his voice.

  “Holy shit,” Mike said, recalling the man from the recesses of his memories. “I know you. John−John Catulla.”

  “Yes, but you never were going to recognize me, were you?”

  “I don’t think so, at least not immediately. I’m supposed to say nothing has changed since graduation, but you have−it’s amazing. Mike turned to Megan to introduce her. “Megan, this is a law school classmate of ours, John Catulla. I think the last time we saw each other Jack and I were threatening him with bodily harm.”

  “That’s not quite right. You and Jack tortured me our first year in law school. You eased up by third year, but Jack, well, he never stopped.”

  “I never thought you and Jeri were close in law school. Were you?”

  “Not really, but Jeri didn’t like the way you guys treated me. She would talk to me when you weren’t around and make sure I was okay.”

  “Did you and Jeri hang out after graduation?” Megan asked.

  “Good question. The reality is Jeri and I weren’t terribly close in school. She would talk with me, but she mainly hung with this guy,” he said, pointing at Mike, “and their friend Jack. A few days after graduation I ran into her and we started talking. I had a job in Pittsburgh so we went to lunch a few times. I got to know her better and came to realize how awesome she was. When I lost my job, she had me talk to Alan−they had recently started to date. He got me an interview with a firm in Atlanta and they offered me a position. I’ve been plugging away since, handling mergers and acquisitions, and I owe everything to Jeri and Alan.”

  Catulla’s story impressed Mike. “This is all new to me. Sounds like you are doing great John. Congrats.”

  John smiled confidently. “Awesome to catch up with you Mike and meeting you Megan,” he said. “I hope we can spend some time together at the wedding tomorrow. Right now I am exhausted. I’m going to sleep.”

  They all exchanged goodbyes and after watching him walk towards the elevator, Megan stated, “He seems like a nice guy.”

  “You’re right,” Mike responded, “he does, but he was not like that in law school. He was rather insecure. I guess people change with time.”

  After spending a few minutes conversing alone, Megan and Mike were joined by Jeri’s effervescent Aunt Betty, who sat at their table and gave them a brief history of the Richards’ family tree, including stories about three different philanderers, two great uncles with undiag
nosed mental disorders, and one cousin who had an assortment of animals living with her because she couldn’t find the right man.

  Mike and Megan sat amused, offering the occasional “uh uh,” or “no way,” but not contributing substantively to the conversation. After six minutes of unyielding recitation, Mike was struck firmly on the arm. Mike turned to witness Jack Rogers flashing his million-dollar smile.

  “What’s up Jack?” Mike asked, more wanting to interrupt Aunt Betty’s groove than feeling enthusiastic about the arrival of his old friend.

  “I’m superb. Just got in from Chicago. Wish I would have gotten here earlier, but we had a classic firm meeting this afternoon and I didn’t want to miss it. Hoping to receive some news about partnership, but nothing new on that front.”

  “Too bad, why don’t you pull up a seat?” Gesturing to Megan on his right, Mike introduced everybody. Betty nodded at Jack while talking directly at Megan who was now the only one listening to her.

  Jack took the seat next to Mike and asked discreetly, nodding in Megan’s direction, “Is she with you?”

  “Yes, we’ve been going out for a little while.”

  “Congratulations, she appears to be an excellent listener,” Jack joked.

  “One of her many fine traits.”

  Jack got the attention of a server and placed an order for a vodka. After the waitress left, Jack changed the subject. “I wanted to talk business with you for a moment. I hoped to deal with our case, put it to bed, and enjoy the rest of the wedding festivities.”

  Inwardly Mike groaned, not wanting work to interfere with his enjoyment of the weekend, but giving into the inevitability of the conversation, he acquiesced, “Sure Jack, what do you want to talk about?”

  “The last time we got together, you agreed to speak with your clients, because we both thought we might settle this case.” Mike nodded, indicating he had spoken with the Gebberts. “I think we can resolve this.” Jack paused waiting for some reaction from Mike, but none was forthcoming. “I received additional authority from the department store and if you tell me your clients will be reasonable. . .”