The BankAmerica case generated many war stories. Here are four.

We were opposed in the case by some of the largest and most highly-respected law firms in the country. Martin Green calculated that the law firms opposing us totalled over 2,000 lawyers. But we did not let those numbers intimidate us, and we kept up an unrelenting barrage of depositions and motions.

Although we were doing a lot of work, and filing motions nearly every week, it was nevertheless a surprise, and flattering, when defense counsel “cried uncle” at one of the numerous motion hearings held by Judge Nangle. A partner from one of the biggest law firms in the country addressed the court:

Judge, we need relief. The plaintiffs have exhausted our available resources.

We were amazed. Martin quickly took charge of the situation, and told the judge that if defendants just took 10 or 20 more of the 2,000 lawyers employed by their defense firms and put them on the case, they could surely keep up with the work being done by Jonathan and Joe.

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Joe Jacobson was taking the deposition of defendants’ investment banking expert, a brilliant and soft-spoken man. Joe was ready to begin the second day of the deposition, but was left ignored in the New York City conference room with one of Green Jacobson’s co-counsel from Atlanta. After waiting a half-hour or more, the two lawyers decided to find out what was going on. They walked out and saw that the reception area was empty. Very strange. Indeed, the entire floor of the office tower appeared to be abandoned. They heard a sound in the distance through a normally locked door and ventured into the defense lawyers’ private offices. The offices were abandoned except for one office in the distance, where a television was playing. They got to the office and saw the coverage of the jet planes crashing into the Twin Towers.

It was 9/11 and Joe and the lawyer from Atlanta, waiting in an office tower in mid-Manhattan, were among the last Americans to learn about the tragic attacks of that day.

As for the witness, his offices were in one of the Twin Towers, at about the level where one of the planes hit. Although most of his colleagues were killed in the attack, he was spared because he had gone to the lawyers’ offices to have his deposition taken.

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In the BankAmerica case, we were opposed by both Arthur Miller and Geoffrey Hazard, two of the most famous legal scholars in the country, and we beat both of them. Arthur Miller, a professor at Harvard Law School, editor of the famous Wright & Miller on Civil Procedure, and host of PBS’s “Miller’s Court” television series, was hired by the Milberg Weiss law firm to handle their appeal of Judge Nangle’s order enjoining proceedings in a competing class action filed in California state court. Joe Jacobson was handling the appeal for the appellees, the federal plaintiffs.

On the morning of the argument, while the lawyers and observers were waiting in the courtroom for the drama to begin, one of the Eighth Circuit judges came into the courtroom and went up to Miller. “Professor Miller,” he said. “It is such a great honor for the Court to have you here to argue a case.” Miller and the judge shared some small talk, and then the judge left, without acknowledging anyone else in the courtroom.

Joe turned to Jonathan Andres, who was at counsel table with him, and asked, “What am I? Chopped liver?”

The argument proceeded in a normal fashion, with Miller being very dramatic and eloquent. Joe gave his argument, and then Miller stood up for his reply argument. He stood there, very dramatic, and pointed at Joe, without looking at him, saying: “There he sits, like a dog in the manger. A dog in the manger.” Joe watched him without expression, wondering: What in the world is a dog in the manger?

The drama did not help Miller’s cause, and the Eighth Circuit affirmed Judge Nangle’s order, protecting the class from the low-ball settlement that defendants and the California plaintiffs had decided to negotiate.

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The lead defense counsel in New York City called Martin Green and asked to meet him in St. Louis to present a settlement offer. This was early in the case. Martin agreed to the meeting, and the lawyer arrived at our offices a few days later, bringing along two of defendants’ St. Louis lawyers.

After pleasantries and some preliminary discussions, the lawyer presented his offer: $60 million for a global settlement.

Without batting an eye, Martin responded that the offer was too low. Martin then said: “It was so nice to see you. Thank you for coming out. I’m sure you have some discovery issues to talk with Jonathan about, so let me get him so you two can talk.”

And that was the initial settlement discussion. After the defense lawyers left, Martin remarked that he never thought he’d see the day where someone would offer him $60 million to settle a case and he’d wave him off as though it were only a nuisance-value offer.

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