“Your Honor, with all due respect, that would be irrelevant.”

“I remind you that Pennsylvania recognizes the doctrine of justifiable reliance. Mr. Marz justifiably relied on Mr. Simone’s representation, to his detriment.”

“Your Honor, Mr. Marz’s reliance was not justifiable on these facts. A reasonable man would have questioned the price term long before Mr. Marz did, especially given that he is a lawyer.”

“Isn’t that a question for the jury?”

“Not on these facts, Your Honor. A Pennsylvania court would not apply the justifiable reliance doctrine in these circumstances, and with respect, this Court is not free to disregard Pennsylvania law.”

Temin scribbled while Marz shifted in his seat, his brow knitting in anger. Simone was smiling slightly.

Cate leaned over the dais. “Pennsylvania also recognizes the unjust enrichment doctrine. What do you say to the fact that Mr. Marz worked for eight months on a treatment, which Mr. Simone accepted and then produced, making millions of dollars? Taken as true, these facts make clear that your client was unjustly enriched at the expense of Mr. Marz.”

The gallery shifted. Reporters took notes. Spectators whispered. The courtroom deputy smiled.

“Your Honor, Mr. Marz made an imprudent decision in quitting his job, one that a reasonable man wouldn’t make. We’ve all heard the adage ‘Don’t quit your day job.’ Furthermore, Detective Russo, given the same set of facts, did not quit his day job. The law of unjust enrichment does not ensure against bad judgment.”

Cate bore down. “Certainly, Mr. Hartford, the equities do not lie in your client’s favor.”

“With respect, Your Honor, the equities are irrelevant under the law. There is insufficient evidence of an enforceable contract for this matter to be put to the jury, and the law requires you to enter judgment as a matter of law in favor of Mr. Simone and his company. Not to do so, on these facts, I daresay, would be reversible error.”

Cate glared at him, unable to say what she wanted and too mad to write in big letters.

Hartford said, “To continue my argument, Your Honor, the seminal case in Pennsylvania is…”

Cate eased back in her chair, barely listening as Hartford recited the litany of case law supporting his position. She had read them last night, and Emily had confirmed them this morning. She was hoping Temin could come up with something, and when Hartford finished, she motioned to him. “Mr. Temin, your response?”

“Certainly.” Temin scurried to the lectern, and Marz shifted upwards in his seat. “May it please the Court, plaintiff opposes defendant’s motion for judgment as a matter of law. This case presents a clear question of credibility, which the jury can, and should, be able to decide. To grant this motion is to deny Mr. Marz his day in court.”

Cate’s shoulders sank, hidden in the voluminous robes. Temin’s argument was absolutely true, but it wasn’t a legal argument. It was about justice, not law, and Hartford was arguing law, not justice. The law was clear that even if Simone had said his famous line, it wouldn’t be enough to make an enforceable contract in Pennsylvania. And in that case, the law did not permit the question to be decided by the jury, because they would be swayed-by justice.

Temin was saying, “Mr. Marz has an absolute right to his day in court, Your Honor. It is his word against Mr. Simone’s, and only the jury is qualified to make that decision about who’s lying and who’s telling the truth. To take the case away from them would allow Mr. Simone to take ruthless advantage of…”

Cate couldn’t listen to him, either. Temin was making a persuasive jury speech, but the kind of words that swayed the heart, not the mind. And her heart felt sick. She’d sentenced a young mother to life in prison last week and felt better than she did right now. Then, at least, she had followed the law and done justice. Today she had to follow the law and not do justice. She had known, as a trial lawyer, that this could happen, but she’d never seen it, much less been the one to actually do it. The responsibility was all.

Temin finished up. “And for all of the foregoing, Your Honor, we ask the Court to deny the defendant’s motion.”

“Thank you, Mr. Temin. I have your argument.” Cate looked down at Hartford. “Rebuttal, Counsel?”

“Yes, thank you.” Hartford took the lectern, standing very erect, as Temin moved aside. “Your Honor, with all due respect, defendant takes issue with the Court’s demeanor as well as its characterization of the facts, and I object to-”

What? Cate frowned. “My demeanor is of no legal significance, and I haven’t characterized any facts, Mr. Hartford. I asked a few questions. Trust me, I’m allowed.”

“I never meant to suggest otherwise,” Hartford said, backing down. “In conclusion, defendant moves that the Court enter judgment as a matter of law. Thank you, Your Honor.” He made his way to his seat, and Simone acknowledged him with a nod.

Cate eased back in her chair, surveying the scene. Marz and Temin, on tenterhooks, and Simone and Hartford, on a roll. She knew the law and she knew she had sworn to uphold it. It wouldn’t make sense to delay the inevitable. There was no other way. Or was there?

Cate straightened up. “Gentlemen, I intend to rule from the bench and file a written opinion later, but before I do, I want to say a few words.” She turned to defense table. “Mr. Simone, I’m speaking directly to you now. I cannot imagine a case of such manifest injustice as I see before me today. I think your sense of right and wrong has utterly failed you, if indeed you had any in the first place.”

Simone’s eyes narrowed behind his hip little glasses, and Hartford’s mouth dropped open. Reporters scribbled away, sketch artists flipped the page, and whispering swelled in the gallery. The courtroom deputy looked up from his desk, his eyes shining. Cate didn’t reach for the gavel. She felt empowered enough already.

“I haven’t been on the bench very long, and I hope I never encounter a case such as this again. You may have made a fortune, Mr. Simone, but as far as I’m concerned, you stole every penny of it. You’re no better than a common thief.”

Hartford popped up, mortified. “Objection, Your Honor! That’s slander!”

“Sit down and shut up, Counsel.” Cate didn’t even look at Hartford, but locked eyes with Simone. “The idea for the show was Mr. Marz’s and the storylines were his and his alone. You manipulated and exploited him, and I want my opinion of you and this case to be perfectly clear, regardless of my judicial decision. You may get a Court for public relations, or, worse, television ratings. You’re getting away with murder, and you know it. Simply put, against my judgment, I grant judgment for defendant.” Cate picked up the gavel and slammed it down. Crak!

“No!” Marz shouted suddenly, leaping to his feet. “You bastard, I’ll kill you!” Suddenly he lunged for Simone and grabbed him by the shoulders. Hartford sprang away, and Simone toppled over in his chair, with Marz on top of him, throwing punches.

“Bailiff!” Cate yelled, shocked. Simone’s fancy glasses flew off, and Marz went for his throat. His wife screamed. The courtroom deputy leaped from his chair and rushed to help. The stenographer sprang from the steno machine. Chaos broke out in the gallery. Reporters wrote frantically. Simone’s assistant ran to help him. Russo went after Marz, and marshals ran from the back of the courtroom.

“Judge, let’s go!” said a voice, and Cate turned. It was Emily, on the dais. “You should get out of here.”

“I’m fine,” Cate answered. Her mouth had gone dry. Her heart hammered and her knees felt weak. “I caused it, and I’ll stay until it’s over.”

Back in chambers, Cate sat in her crappy desk chair, staring out the window. The doors were closed and her office quiet, except for the almost constant ringing of the phones on her desk and work table. She didn’t answer. On the other side of the closed door, her secretary, Val Denton, fended off calls from the media. A religious woman, Val would give them the wrath of God. The law clerks would still be buzzing, though at least they had turned the TV off, on her command. The news at noon had carried sketches of the fistfight, and her lecture from the bench had gotten lost in the melee.