Wealthy defendants can keep sympathetic plaintiffs from ever testifying.

Evidence

Facher had a warning for Schlichtmann before he left. “You think you’re going to put those families on the witness stand and break everybody’s heart. You think the jury’s going to pull out their handkerchiefs and dab their eyes.” Facher shook his head resolutely. “It will never happen. Those families will never see the light of day.” — , Harr Jonathan - A Civil Action, 1286

Categorization

  • QUESTION: How was this worked procedurally — settlements, severance, summary judgment? Worth tracking whether the threat pans out as the trial nears.
  • XREF: connects to: Wealthy defendants with good lawyers can literally get away with murder; Wealthy defendants reframe cases through media access denied to poorer ones; Resource disparities between litigants favor wealthy defendants in civil cases — G. Alan Tarr, Judicial Process and Judicial…, 1038

Broader Connections