Laptop Battery For Robert C. Weber, the lawyer defending I.B.M. in a workplace hazards case that has drawn the attention of the technology industry, this weekend was the start of the home stretch. Closing arguments begin Monday in the five-month-long trial of a lawsuit brought against the company by two former employees who accuse it of knowingly exposing them to dangerous chemicals.
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Thinkpad Since October, Mr. Weber, a partner with the Jones Day law firm, based in Cleveland, has been in the California Superior Court in Santa Clara, trying to show that no link exists between the I.B.M. factory where the plaintiffs worked and the cancers they later developed.
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Microsoft Representing unpopular defendants is a familiar role for Mr. Weber, who has built a career of representing "the clients the underdogs want to root against," as he calls them. He has grown accustomed to public criticism, he said, but added that the legal system works best when it is tested by aggressive lawyering.
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Laptop Computers In this case, Mr. Weber argues that the plaintiffs' charge that I.B.M. managers lied to them is a fabrication, concocted by the plaintiffs after they learned about the legal efforts of other I.B.M. workers to put responsibility for their illnesses on the company. Some of those cases were dismissed; others are awaiting trial.
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Laptop Computer While the I.B.M. case has been controversial, Mr. Weber has tried far more contentious cases.
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Desktop Computer He encountered the most hostility when he represented the Cleveland Browns in the professional football team's ultimately successful bid to move to Baltimore in 1995, a highly charged episode that rocked Cleveland for months. Mr. Weber received so many death threats that a police officer was assigned to live with his family for the duration of the trial.
Notebooks "My two younger sons thought it was great," Mr. Weber recalls. "I was gone all the time so this way they always had someone to talk to."
Lenovo In 1990, Mr. Weber represented the New England Patriots in a sexual harassment suit brought by Lisa Olson, then a sports reporter for The Boston Herald. And in 1999, he represented a trial judge in Ohio, Patricia A. Cleary, in disciplinary proceedings involving charges that she improperly sentenced a pregnant woman to jail, instead of probation, for credit card fraud to prevent her from having an abortion. The Patriots and Ms. Olson settled out of court before trial; the Supreme Court of Ohio suspended Ms. Cleary's license to practice law for six months and she was defeated in a bid for re-election.
Hard Drive Jones Day, where Mr. Weber has worked for 28 years, is perhaps best known for representing R.J. Reynolds Tobacco Holdings Inc., the cigarette company that has faced a string of lawsuits from smokers since the mid-1980's. In 2000, the firm was a crucial player in winning a reversal of a $145 billion jury verdict against five tobacco companies.
Travelstar "These are the kinds of cases that put the system to the test," Mr. Weber said. "I've enjoyed doing them."
Gateway Mr. Weber joined the I.B.M. case in September. It was brought by Alida Hernandez and James Moore, both of whom worked at an I.B.M. factory in South San Jose, Calif., in the 1970's and 1980's. Two years after she retired in 1991, Ms. Hernandez discovered she had breast cancer and eventually had a mastectomy. In 1995, Mr. Moore was diagnosed with non-Hodgkins lymphoma, which has been treated with radiation.
Laptop Parts Mr. Moore and Ms. Hernandez claim that during their years with I.B.M. they worked with a variety of chemical solvents, and that those chemicals sometimes made them sick on the job. They say company doctors routinely played down their symptoms and sent them back to work.
Software Now they want I.B.M. to be held accountable for not having disclosed to them that the chemicals they were using were dangerous. Under California law, workplace illness claims are typically handled in the workers' compensation system. To recover damages outside that system, Mr. Moore and Ms. Hernandez have to prove that I.B.M. fraudulently concealed that chemicals in use at the I.B.M. factory were making them sick.
Hard Drives The lawyer for the plaintiffs, Richard Alexander, has presented a succession of witnesses, including a former I.B.M. nurse and occupational health and epidemiology experts, to show that not only did certain chemicals cause cancer but also that the company knew this and concealed it.
Electronics "This is a case built on smoke, mirrors and a lot of antielectronics industry advocacy groups," Mr. Weber said, referring to groups like the Silicon Valley Toxics Coalition, which has argued for more regulation of the technology manufacturing industry for 20 years. Mr. Alexander's law partner, Amanda Hawes, is married to the head of that coalition, Ted Smith.
Canon Mr. Weber said that advocacy groups had exploited the case to portray the electronics industry as a villain. Of Ms. Hernandez and Mr. Moore, who are asking for unspecified damages, he said, "This is a case about money and they don't deserve any. That doesn't mean our hearts don't go out to them."
Desktop Pc In response to Mr. Weber's characterization of the lawsuit, Mr. Alexander said: "The science here shows that organic chemicals cause cancer. That's indisputable. When facing that kind of evidence, I'm not surprised that I.B.M. would like to blame the lawyers or people who support community health."
Desktop Computers Mr. Weber also says that the case is a good example of what can go wrong when workers are allowed to seek damages outside of the state workers' compensation system.
Think Pad "This is a workers' compensation matter," Mr. Weber said. "I don't think the system should tolerate a case like this. But in America, people have a right to file claims and it's up to the court to sort it out."
Repair The I.B.M. case is being watched closely in the technology industry, particularly in the semiconductor and disk drive sectors, where many of the same chemicals were widely used during the 1970's and 1980's. Legal experts say that a ruling favorable to the workers could open the door to many more lawsuits.
Data Recovery The verdict could also affect another case against I.B.M. that is scheduled to go to trial next month in New York. In that case, a former I.B.M. worker claims chemical exposure on the job led to the birth of a child with severe birth defects. It is one of dozens of cases involving birth defects that have been filed against I.B.M.
Cisco Closing arguments in the trial in San Clara are expected to last at least through Tuesday, after which the jury will begin deliberations. "I'm confident that the common sense of the jury will see through this," Mr. Weber said. "If they don't, then I'm confident the appellate court will."
By Laurie J. Flynn
New York Times - 2/23/2004
Topic: Toxics
