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A DONE DEAL Diane's shot at becoming a Supreme Court judge ended before it began.
Will, Diane, David Lee, and Alicia all met with Lionel Deerfield (Edward Hermann) about their case file dispute. There, Alicia admitted that she went this route, rather than a subpoena, because she hoped the board would be biased against Will. She's a smart one, that Alicia. Deerfield told Will he had to get Florrick/Agos the case files or be sanctioned. So Lockhart/Gardner sent the client files. Redacted client files, to be exact. Will argued Florrick/Agos wasn't entitled to Lockhart/Gardner's work product, hence the redacted files. But a testimony from Kalinda and a nod from some of Robyn's work was the final push they needed. Kalinda is an independent contractor and technically not an employee of the firm.
Back in court, the main issue was that the gun was fired during the commission of a crime, and that meant Florrick/Agos could not pursue a case because the law forbids suits against gun manufacturers unless there are extenuating circumstances. No determination had yet been made about the alleged robbers' guilt or innocence -- one had died in jail, the other was still being prosecuted. If he was found not guilty, they could go from there. In the meantime, the judge would address the question of the gun's defect. So Cary went to criminal court to aid the defense attorney, Olivia (Stephanie Kurtzuba).
Thanks to the case, newlyweds Kurt and Diane experienced a little trouble in paradise. Kurt had been hired to testify. And when it became Alicia's case, he agreed to work with her because he thought it was winnable. Obviously, Diane wasn't very happy with him. His testimony only sort of helped. He spoke about a faulty trigger mechanism to the gun, but Nancy Crozier poked holes in his theory, illustrating that other factors could have caused a hair-trigger.
Kurt eventually determined the pins from the gun were defective, which meant a flaw in manufacturing. He testified for Olivia in the criminal court proceedings to get rid of the unnecessary murder chargers against the alleged Mr. Rolfe. But it still wasn't enough to get all the charges dropped. Geneva Pine agreed to reduce the charge to involuntary manslaughter. Cary wanted to fight that, but Mr. Rolfe didn't want to risk time in jail and agreed to a plea bargain.
Unfortunately, Rolfe's guilty plea gave Nancy Crozier her criminal act. So Florrick/Agos tried to tackle the case from a breach of warranty angle. But Lockhart/Gardner had the manufacturers' warranty documents! So Florrick/Agos had to go back to seek Mr. Deerfield's help. And help he did: For every file kept from the new firm, Lockhart/Gardner would be fined $20,000. But Will doesn't have time for that. He said he'd turn over everything immediately, once they were properly compensated for their time and effort. And that amount was deemed to be $145,000. Ooof. Florrick/Agos obviously didn't have that kind of cash. But you know what? None of that mattered. Heather decided she wanted to stick with Lockhart/Gardner after all. Diane was back on her case, and Alicia & Co. were off to a rough start with their new firm.
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