The Appeal
Encyclopedia
The Appeal is a 2008
novel by John Grisham
, his twenty-first book and his first fictional legal thriller since The Broker
was published in 2005. It was published by Doubleday and released in hardcover in the United States on January 29, 2008. A paperback edition was released by Delta Publishing on November 18, 2008.
attorneys Wes and Mary Grace Payton have battled New York City
-based Krane Chemical in an effort to seek justice for their client Jeannette Baker, who lost her husband and young son to cancer likely caused by carcinogenic pollutants the company knowingly and negligently allowed to seep into the town of Bowmore's water supply. When the jury awards the plaintiff $3 million in wrongful death
damages and $38 million in punitive damages
, billionaire CEO Carl Trudeau vows to do whatever is necessary to overturn their decision.
Since Mississippi Supreme Court
justices are elected rather than appointed, Trudeau plots with Barry Rinehart of Troy-Hogan, a Boca Raton firm that specializes in elections, to select a candidate who can defeat Sheila McCarthy, known for her tendency to side with the underdog. Their choice is Ron Fisk, a lawyer with no prior political experience or ambitions. He is naive enough to be impressed by all the attention shown him by his backers and not question the source of the considerable funds pouring into his coffers or the underhanded tactics used by his campaign team. Also thrown into the ring by Rinehart is heavy-drinking gambler Clete Coley, a clownish rogue third candidate designed to draw support away from McCarthy and then cede it to Fisk when he eventually withdraws from the race.
Fisk defeats McCarthy and immediately adopts the position expected of him. He votes against upholding several large settlements in cases brought before the court on appeal, and the Paytons expect he will do the same when their case comes up for review. What they don't anticipate is Fisk unexpectedly being forced to rethink his stand when his son is seriously injured by a defective product and left permanently impaired by a medical error and the issue of corporate responsibility affects him and his family on a personal level. However, even though Fisk feels that he has been used and tricked, he makes no move to do what is right, and has come to relish his new-found wealth and power. He sides with the big corporation and does not take any action for what happened to his son because he would "look silly."
coal mining competitors. When Don Blankenship
, chairman and CEO
of A.T. Massey Coal
, lost a $50 million verdict in a fraud lawsuit brought by Hugh Caperton and Harman Mining over the cancellation of a long-term coal contract, he contributed $3 million to help Charleston lawyer Brent Benjamin unseat incumbent Judge Warren McGraw
. Benjamin won the election, and three years later, when Massey's appeal reached the Supreme Court of Appeals of West Virginia
, Caperton's lawyers asked him to recuse himself because of Blankenship's financial support. Benjamin declined and he cast the crucial vote needed to overturn the verdict favoring Caperton. Among those who noticed similarities between the case and The Appeal was former West Virginia justice Larry Starcher
, who criticized Benjamin for not disqualifying himself. He wrote in an opinion, "I believe John Grisham got it right when he said that he simply had to read The Charleston Gazette
to get an idea for his next novel."
In June 2009, the United States Supreme Court ruled that Justice Benjamin should have recused himself in Caperton v. Massey, sending the case back to the West Virginia Supreme Court. Writing for the majority in the 5 to 4 decision, Justice Anthony M. Kennedy called the appearance of conflict of interest
so "extreme" that the failure to recuse constituted a threat to the plaintiff’s Constitutional
right to due process
under the Fourteenth Amendment
. Chief Justice John G. Roberts Jr.'s dissent
warned that the United States Supreme Court majority decision would have dire consequences for "public confidence in judicial impartiality."
Only a minority of states elect judges directly, a controversial system virtually unknown outside the United States. The Appeal has been seen as an attack on this system of selecting judges, since judges have a conflict of interest
when ruling on cases involving major campaign contributors.
Grisham has stated that the novel was inspired by the tax evasion and bribery cases involving former Mississippi Supreme Court Judge Oliver E. Diaz, Jr.
. Mississippi elects judges directly. Grisham appears in the documentary Hott Coffee
commenting on Oliver Diaz.
2008 in literature
The year 2008 in literature involved some significant events and new books.-Events:*January 1 - In the 2008 New Year Honours, Hanif Kureishi , Jenny Uglow , Peter Vansittart and Debjani Chatterjee are all rewarded for "services to literature".*June 15 - Gore Vidal, asked in a New York Times...
novel by John Grisham
John Grisham
John Ray Grisham, Jr. is an American lawyer and author, best known for his popular legal thrillers.John Grisham graduated from Mississippi State University before attending the University of Mississippi School of Law in 1981 and practiced criminal law for about a decade...
, his twenty-first book and his first fictional legal thriller since The Broker
The Broker
The Broker is a suspense novel written by American author John Grisham published in the United States on January 11, 2005. The novel follows the story of Joel Backman, a newly-pardoned prisoner who had tried to broker a deal to give the world's most powerful satellite surveillance system to the...
was published in 2005. It was published by Doubleday and released in hardcover in the United States on January 29, 2008. A paperback edition was released by Delta Publishing on November 18, 2008.
Plot
MississippiMississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
attorneys Wes and Mary Grace Payton have battled New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
-based Krane Chemical in an effort to seek justice for their client Jeannette Baker, who lost her husband and young son to cancer likely caused by carcinogenic pollutants the company knowingly and negligently allowed to seep into the town of Bowmore's water supply. When the jury awards the plaintiff $3 million in wrongful death
Wrongful death claim
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
damages and $38 million in punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
, billionaire CEO Carl Trudeau vows to do whatever is necessary to overturn their decision.
Since Mississippi Supreme Court
Supreme Court of Mississippi
The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was created in the first constitution of the state following its admission as a State of the Union in 1817. Initially it was known as the "High Court of Errors and Appeals." The Court is an appellate court, as...
justices are elected rather than appointed, Trudeau plots with Barry Rinehart of Troy-Hogan, a Boca Raton firm that specializes in elections, to select a candidate who can defeat Sheila McCarthy, known for her tendency to side with the underdog. Their choice is Ron Fisk, a lawyer with no prior political experience or ambitions. He is naive enough to be impressed by all the attention shown him by his backers and not question the source of the considerable funds pouring into his coffers or the underhanded tactics used by his campaign team. Also thrown into the ring by Rinehart is heavy-drinking gambler Clete Coley, a clownish rogue third candidate designed to draw support away from McCarthy and then cede it to Fisk when he eventually withdraws from the race.
Fisk defeats McCarthy and immediately adopts the position expected of him. He votes against upholding several large settlements in cases brought before the court on appeal, and the Paytons expect he will do the same when their case comes up for review. What they don't anticipate is Fisk unexpectedly being forced to rethink his stand when his son is seriously injured by a defective product and left permanently impaired by a medical error and the issue of corporate responsibility affects him and his family on a personal level. However, even though Fisk feels that he has been used and tricked, he makes no move to do what is right, and has come to relish his new-found wealth and power. He sides with the big corporation and does not take any action for what happened to his son because he would "look silly."
Background
Grisham's plot closely resembles a real-life decade-long legal battle between West VirginiaWest Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
coal mining competitors. When Don Blankenship
Don Blankenship
Donald Leon "Don" Blankenship was Chairman and CEO of Massey Energy Co., the sixth largest coal company in the United States...
, chairman and CEO
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of A.T. Massey Coal
Massey Energy
Massey Energy Company was a coal extractor in the United States with substantial operations in West Virginia, Kentucky and Virginia. By revenue, it was the fourth largest producer of coal in the United States and the largest coal producer in Central Appalachia...
, lost a $50 million verdict in a fraud lawsuit brought by Hugh Caperton and Harman Mining over the cancellation of a long-term coal contract, he contributed $3 million to help Charleston lawyer Brent Benjamin unseat incumbent Judge Warren McGraw
Warren McGraw
Warren Randolph McGraw is a lawyer, politician, and judge in West Virginia and brother to current West Virginia Attorney General Darrell McGraw.- Personal life :...
. Benjamin won the election, and three years later, when Massey's appeal reached the Supreme Court of Appeals of West Virginia
Supreme Court of Appeals of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston....
, Caperton's lawyers asked him to recuse himself because of Blankenship's financial support. Benjamin declined and he cast the crucial vote needed to overturn the verdict favoring Caperton. Among those who noticed similarities between the case and The Appeal was former West Virginia justice Larry Starcher
Larry Starcher
Larry V. Starcher was a justice on the Supreme Court of Appeals of West Virginia. In November 1996, he was elected as a Democrat in a partisan election to the Supreme Court of Appeals. He served as Chief Justice in 1999 and 2003.- Legal Background :...
, who criticized Benjamin for not disqualifying himself. He wrote in an opinion, "I believe John Grisham got it right when he said that he simply had to read The Charleston Gazette
The Charleston Gazette
The Charleston Gazette is a five-day morning newspaper in Charleston, West Virginia. It is published Monday through Friday mornings. On Saturday and Sunday mornings the combined Charleston Gazette-Mail is published, which is, more or less, similar to the Gazette.The Gazette was established in...
to get an idea for his next novel."
In June 2009, the United States Supreme Court ruled that Justice Benjamin should have recused himself in Caperton v. Massey, sending the case back to the West Virginia Supreme Court. Writing for the majority in the 5 to 4 decision, Justice Anthony M. Kennedy called the appearance of conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
so "extreme" that the failure to recuse constituted a threat to the plaintiff’s Constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
right to due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Chief Justice John G. Roberts Jr.'s dissent
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
warned that the United States Supreme Court majority decision would have dire consequences for "public confidence in judicial impartiality."
Only a minority of states elect judges directly, a controversial system virtually unknown outside the United States. The Appeal has been seen as an attack on this system of selecting judges, since judges have a conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
when ruling on cases involving major campaign contributors.
Grisham has stated that the novel was inspired by the tax evasion and bribery cases involving former Mississippi Supreme Court Judge Oliver E. Diaz, Jr.
Oliver E. Diaz, Jr.
The Hon. Oliver E. Diaz, Jr. was a Presiding Justice on the Supreme Court of Mississippi representing District 2 Place 2. In 2008, he was defeated by Randy "Bubba" Pierce.-Early years:...
. Mississippi elects judges directly. Grisham appears in the documentary Hott Coffee
Hot Coffee (film)
Hot Coffee is a 2011 documentary film that analyzes and discuses the impact of tort reform on the United States judicial system. It is directed by Susan Saladoff who was a medical malpractice attorney of 26 years. The film premiered at the 2011 Sundance Film Festival on January 24, 2011 and later...
commenting on Oliver Diaz.