Pormento, Kaulayaw D. Atty.

Pe Benito
2018069621 Natural Resources and Environmental Law

RULE 11

Jerry Facher, a seasoned lawyer at Hale and Dorr, and one of the junior partners at the same
firm, Neil Jacobs, represented Beatrice Foods in the Woburn case. Facher sent Jacobs to interview
John Riley, former owner of the tannery and now its general manager. Riley sold the company to
Beatrice Foods around the time when he was asked to build a waste-treatment facility, which, up
to now, has not yet been built. During the course of the interview, Jacobs noticed several barrels
that were leaking chemicals. Riley denied ever dumping anything in the area. In his answer to the
plaintiff’s complaint, Jacobs also denied the allegations.

The other defendant, W.R. Grace, was represented by William Cheeseman, a senior partner
at Foley, Hoag & Elliot. Cheeseman worked with Jacobs in removing the Woburn case from the
State Superior Court into the federal court, where they believed the judges had a generally high
caliber and whose tolerance for personal injury cases of questionable merit was correspondingly
lower. They discussed using Rule 11, a rule that had been intended to curb frivolous and
irresponsible lawsuits. Cheeseman’s main basis for invoking Rule 11 was an article where
Roisman’s assistant was quoted as saying that there was no firm proof of a connection between
the families, the chemicals found in their wells and the two companies.

John Riley, through a chance occurrence, learned that one of the plaintiffs didn’t even know
who was being sued. He told this matter to Neil Jacobs who, in turn, informed Facher. They
informed Cheeseman and Cheeseman included Barratry to the Rule 11 motion. Facher, however,
did not join the Rule 11 motion.

Upon hearing, the presiding judge, Walter Jay Skinner, limited the hearing to the Rule 11
motion. Schlichtmann refused to be cross examined by Cheeseman and the matter ended up with
the judge asking the questions of Cheeseman.

The hearing ended and the Rule 11 motion of Cheeseman was DENIED.