Phillip Savelle sends Harkin a message with complaints about the use of the term “conjugal,” which he claims applies only to married spouses, given that Phillip wants visits from a non-spouse, and about the church service, given that Phillip is an atheist. Harkin agrees to change the terminology and extends conjugal visit hours. Hoppy visits Millie and tries to subtly convince her to vote against the plaintiff. Nicholas sneaks away to Marlee’s room in the motel; she checks in under the alias Elsa Broome. They spend intimate time together, as eight nights apart was far too many.

Marlee and Nicholas met when Marlee was working as a waitress in Lawrence, Kansas, where Nicholas was a law student. Marlee’s mother had died years prior, and Marlee inherited $200,000, which allowed her to earn several degrees and spend time as a waitress before she decided on her next move. She and Nicholas fell in love as Nicholas fell out of love with law after spending a summer working for a big law firm that defended a tobacco company. When Nicholas quit law school, Marlee was ready to move on, and Nicholas would’ve followed her anywhere. They moved around the United States, traveling while also tracking various tobacco litigation, learning about tobacco, nicotine, lung cancer, jury selection, and Rankin Fitch.

Marlee and Nicholas sneak out of the motel to spend an evening on the pier and along the ocean before Marlee returns to her car, which she parked near Rohr’s office to throw Fitch off her scent. Inside Rohr’s office, the plaintiff’s attorneys argue about how many more witnesses to call, given that the trial is already in its fourth week and that the jury’s sequestration will likely make them unhappy as the weeks wear on. It’s Rohr’s case, and he decides to call only two more witnesses.

Harkin calls Nicholas to his chambers to discuss the apartment fire. He also asks Nicholas if any of the other jurors are acting strangely or having any issues, but Nicholas says no. In the courtroom, Rohr calls Leon Robilio to the witness stand. Leon is in his sixties and has a hole in his throat caused by 45 years of smoking. Robilio shares about his history of smoking and how he was so addicted that even when he developed cancer, he struggled to quit. He kept smoking for two years after his larynx removal, only quitting after a near-fatal heart attack. He is now an anti-smoking advocate, though he previously worked at the Tobacco Focus Council, a lobbying group funded by the tobacco industry. Robilio has seen the memo described by Krigler and knows that the industry keeps nicotine levels high in cigarettes to ensure addiction. Robilio’s testimony highlights how the tobacco industry advertises directly to teenagers, knowing that teens become more easily addicted to nicotine. In his role in the Tobacco Focus Council, Robilio argued that addiction is a choice made by smokers, but he knows that’s not true.

Cable cross-examines Robilio and questions him about how much he is being paid to testify in this case and other anti-tobacco cases. Cable also establishes that Robilio began smoking in his mid-twenties, not his teens. His three children began smoking in their late teens, but Robilio cannot state for certain which ads, if any, influenced his children to smoke. Cable then asks Robilio about his and his wife’s smoking in the home and how it could have influenced their children to smoke. Cable lists the tobacco industry’s various initiatives and charitable donations to prevent teenage smoking. Robilio gets angry and lashes out at Cable, who finishes his cross-examination.

Fitch sends two operatives to Gardner, Texas, to dig into Pamela, Nicholas’s alleged mother. She has two sons and is married to her second husband, but since her sons are not from Gardner, no one in town knows about them. Fitch keeps digging and finds that Pamela is originally from Austin, Texas. Her given name is Kerr, and her two sons are Alex and Jeff. Jeff graduated from Rice University in 1989 before moving on to law school at Kansas University.

At lunch, the jurors eat quietly after Robilio’s testimony. They begin discussing their own past smoking habits, and they discover that all of them began smoking as teenagers. Meanwhile, Nitchman meets Hoppy and gives him a memo full of negative information of dubious validity about Robilio, which he asks Hoppy to pass to Millie.

Fitch sends an operative to Kansas to dig into Jeff’s past. The operative sends a private investigator to interview Tom Ratliff, one of Jeff’s former law-school classmates who works as a lawyer in Wichita. Tom tells the investigator that Jeff dropped out after he fell in love with a woman named Claire who worked at a local bar. The investigator calls the bar and finds out that the woman’s name is Claire Clement. Fitch now has Marlee’s and Nicholas’s real identities.

An economist named Dr. Art Kallison takes the stand to assess the value of Jacob Wood’s life before his death, putting the number of lost wages at over $800,000. The defense argues down the lost wages to around $600,000, but Rohr doesn’t care. He plans to include money for pain and suffering, medical care and funeral costs, and more. Rohr calls Celeste Wood to the stand as the last plaintiff’s witness.

Rohr walks Celeste through the story of her relationship with Jacob, which was a mostly normal and happy marriage until his cancer and the addiction to cigarettes that Jacob couldn’t beat. Celeste is sympathetic, and Cable asks Celeste no questions. Fitch has found out that Celeste is dating a younger, divorced man. He will not disclose this information in open court, but he plans to sneak it to the jury through the back door. Before court adjourns for the day, Harkin tells the jury that the next day will be dedicated to court proceedings that the jury cannot witness, so they will spend the day in the motel. Nicholas objects and asks the court to allow the jurors to either go fishing or go shopping in New Orleans. Harkin won’t use tax dollars for it, so Nicholas suggests that the law firms on both sides pay for it. Rohr and Cable agree; half the jury votes to go shopping in New Orleans, and the other half votes to go fishing.

Fitch is uncertain about the verdict, while Rohr is sure that he has the nine votes he needs.

The private investigator in Wichita visits Rebecca, a woman who used to work with Claire Clement. The investigator pushes too hard, and Rebecca gives him no information before calling Marlee/Claire and letting her know that people are asking about her and Jeff. When Marlee listens to the message, she’s nervous that Fitch has found her and Jeff’s real identities.

Marlee calls Fitch and tells him that Loreen is sympathetic to Robilio and that all the smoking jurors began smoking before adulthood. She tells Fitch to meet her in a restaurant in Biloxi. Fitch arrives, and he and Marlee discuss her goals after she confirms that it was him asking about her in Kansas. She promises him whatever verdict he wants in exchange for money wired to her and demands that he stop poking around in her past in Kansas. Fitch agrees and leaves.

Jimmy Hull Moke comes looking for Hoppy, but Hoppy dodges him. On the fishing boat, Nicholas asks the other jurors about their opinions and finds out that Lonnie supports the defense, as do Jerry and Frank.

Fitch sends his own operatives to keep looking into Marlee. At the same time, Rohr sends a man named Cleve to talk to Derrick, juror Angel Weese’s boyfriend. Cleve offers Derrick $5,000 now and $5,000 after the trial if he convinces Angel to side with the plaintiff. Derrick drives along the coast and decides that Angel’s vote is worth more than $10,000 and that he should negotiate with Cleve. He sneaks into the hotel to see her and spends the night.

Nicholas sneaks to Marlee’s room, and Marlee tells him about her conversation with Fitch and his discovery of their identities. Nicholas’s past as Jeff is harmless, but Marlee’s past as Claire could be extremely damaging.

Pynex stock plummets as a journalist writes in Mogul that it’s likely the jury in Biloxi will side against Pynex. In the courtroom, it’s the defense’s turn to call witnesses. The Black lawyer D. Y. Taunton, who oversaw Lonnie’s contract negotiation, is a spectator, making eye contact with Lonnie to remind him of the importance of his role as a juror. The defense calls Dr. Martin Jankle to the stand. Jankle focuses on the idea of choice, stating that people choose to smoke. He also states that people choose which cigarettes to smoke and that some have more tar and nicotine than others. He dismisses the concerns about advertising by arguing that it’s impossible to make advertisements that only adults see. Fitch has lunch with Luther Vandemeer, the Trellco CEO, who is nervous about the trial and about Fitch’s measures. Fitch assures him that he’s doing everything he can.

Nicholas petitions the judge to allow the alternate jurors to eat lunch with the others. Nicholas attempts to befriend alternate juror Henry Vu. After lunch, Rohr cross-examines Jankle. Rohr presses Jankle with questions revealing that Pynex has never helped any smokers with medical bills. He also questions Jankle about what he means by “abuse” of cigarettes, as Jankle states that only smokers who “abuse” cigarettes get cancer. Jankle states that more than two packs of cigarettes a day counts as abuse, and Rohr questions why there are no warnings anywhere about more than two packs a day being dangerous. Jankle states that the government doesn’t require it. Rohr closes by showing a video of Jankle, Vandemeer, and the CEOs of the other two Big Four companies giving testimony to Congress in which each of them says that nicotine is not addictive, clearly lying.

Fitch and Cable argue about the handling of the case, and Fitch’s operatives cannot find any leads on Claire Clement. Meanwhile, Derrick meets Cleve at a Waffle House. Derrick demands $50,000 and a percentage of the verdict’s winnings. Cleve explains that it will be at least a year after the verdict before any money changes hands. Derrick instead demands $25,000 per vote, claiming that Angel can deliver more votes for the plaintiff than just her own. During the conjugal visit, Hoppy attempts to show the fax that Cristano gave him about Robilio. Millie refuses to look at it, as she does not want to corrupt the trial. She cries and wants the trial to be over. Hoppy also wants to cry, as he realizes that the only way to ensure Mille’s vote is to tell her the truth about the situation he finds himself in.

While Frank gets his morning coffee, Nicholas sneaks into his room and stashes a copy of Mogul with the story about the Pynex trial, along with other written materials referencing the trial, under his bed. Marlee calls Fitch and tells him to go to a payphone so that they can talk. When Fitch arrives at the designated payphone, he finds it already ringing. Marlee tells him that Frank is annoying Nicholas, so Nicholas is getting Frank off the jury. Fitch is upset, as Frank is a solid defense juror, but Marlee tells him that he’ll get the verdict he wants regardless.

Nicholas calls Harkin at home and tells him that he saw Frank reading the forbidden copy of Mogul at breakfast. Harkin thanks him, though Nicholas pretends to be upset at having to be a mole on the jury. Harkin goes to the motel and confronts Frank, who denies reading any unsanctioned materials. Harkin asks to search Frank’s room, and Frank begrudgingly agrees. They find the copy of Mogul, so Harkin excuses Frank and replaces him with Henry Vu. Cable tries to move for a mistrial, but Harkin refuses.

Cable calls Dr. Denise McQuade as the defense’s next witness. She is a beautiful and intelligent woman and works as a behavioral psychologist. She challenges Robilio’s claim that the tobacco companies’ ads specifically target children. She explains that advertisements cannot be targeted to specific age groups, as all people see commercials and billboards. She also argues that fast-food companies like McDonald’s could be critiqued for targeting children, as children know the McDonald’s jingle by the age of three. However, no one blames McDonald’s for the obesity epidemic. The jury finds McQuade charming and convincing, and when Rohr cross-examines her, he fails to land a significant blow.

Napier and Nitchman have lunch with Hoppy and ask about Millie’s reaction to the memo about Robilio. Hoppy is honest, saying that Millie read it but didn’t react well. Napier and Nitchman tell Hoppy that Cristano is not happy and is coming to speak with him.

Rohr and Cleve discuss what to do about Derrick. They decide to offer Derrick $15,000 of the $25,000 he asked for, but Cleve plans to wear a wire so that if Derrick demands more money, they can threaten to turn him into the FBI. However, when Cleve meets Derrick, Derrick demands $80,000 upfront for Angel’s vote and a deposit for the vote of each juror. Cleve refuses and leaves, and Derrick doesn’t follow him.

Cable calls Dr. Myra Sprawling-Goode, a Black professor of marketing with two doctorates. Like McQuade, she’s beautiful and charming. Fitch secretly funded Sprawling-Goode’s research on cigarette advertising’s impacts on teenagers through an obscure think tank. Sprawling-Goode states that advertising for all products features attractive young people and is geared toward all ages. Her research found no evidence that tobacco companies target children or teenagers, and the only way to stop children from seeing the tobacco ads would be to ban tobacco ads across the board. Even if such a ban were enacted, people would still smoke.

The search for Claire Clement takes a turn. One of Fitch’s investigators, named Swanson, obtains a phone number for one of Claire’s friends, named Beverly. When Swanson calls Beverly and asks her about Claire, she claims that they haven’t spoken in four years, but Fitch decides to send someone to New York to bribe Beverly anyway. Fitch is worried about the trial despite the success of McQuade and Sprawling-Goode. During the 10th night of sequestration, the jury passes the time together, with the exception of Phillip, who remains unknowable.

Nicholas and Henry wake early, and Nicholas presses Henry about the importance of the jury making a decision together instead of being hung and causing a mistrial. Nicholas does not tell Henry which side he’s on. Marlee calls Fitch and tells him that Nicholas is tired of Lonnie and wants to get rid of him. Fitch is desperate to keep Lonnie, so Marlee demands that he meet her at a random building.

Cable calls Dr. Gunther, a scientist who claims that more research is needed to prove that smoking causes cancer, as only 10% of smokers get cancer. He is not there to prove anything but to instead muddy the waters.

Fitch meets Marlee in her office space, where she demands $10 million for the verdict. Fitch is flabbergasted when Marlee references The Fund, which Fitch has taken great pains to hide. She tells him to wire the money before the verdict, or Nicholas will deliver either a hung jury or a 9-3 verdict in favor of the plaintiff.

Swanson travels to New York City to talk to Beverly. He offers Beverly $1,000 for everything she knows about Claire. She reveals that Claire had a dark past that she never spoke about and more money than the other waitresses. Cristano meets with Hoppy and tells him that he needs to tell Millie the truth (or at least Hoppy’s perception of the truth) to make her support the defense. Hoppy cries as Napier represses the urge to smile.

Marlee meets Fitch in her office again. They discuss the jury, and Fitch asks Marlee why Nicholas got rid of Frank and Stella. Marlee says that both of them were disruptive. Fitch begs Marlee to keep Lonnie on the jury after admitting that he’s bought Lonnie off. He denies having bought any other jurors. Marlee tells Fitch that Nicholas has influence over Jerry, Poodle, Henry, and Loreen, and Angel will follow Loreen. Marlee asks Fitch for dirt on Rikki, but Fitch refuses to disclose her past abortion. Fitch also denies having influence over Millie, though Nicholas has noticed Hoppy paying attention to the trial and knows that Fitch is up to something. Fitch asks Marlee about the last alternate, Shine Royce. Marlee says that he’s low class and easy to manipulate, so Nicholas wants to bump Phillip Savelle and replace him with Shine. Marlee promises the verdict Fitch wants and demands that he open an account in his own name in a Korean bank in the Caribbean, into which he must wire $10 million.

Rohr shouts at Gunther for an hour and a half during cross-examination as the jury becomes increasingly bored and fatigued. Nicholas is thrilled that the jury is losing steam, as he can function as a mob leader. Nicholas pens a petition to hold court on Saturday to speed up the trial. The other jurors sign it, and Harkin and the lawyers agree.