Posts Tagged ‘Maine’

Lawyers’ reputations soaked in Poland Spring fight

“Mutually assured character destruction”: that’s what Boston Globe columnist Alex Beam says to expect from a trial that started March 7 in Portland, Me. federal court that pits some of the country’s better-known members of the plaintiff’s bar against each other. Among the cast of characters: Jan Schlichtmann, of “A Civil Action” fame, Steve Berman of Seattle-based Hagens Berman Sobol Shapiro LLP, and Massachusetts tobacco litigator Thomas Sobol of the same firm, and Alabama’s Garve Ivey. At issue is whether lawyers breached legal ethics or sold out the interests of class members in their sharp-elbowed maneuvers to control the process of litigation and reach a lucrative settlement with Poland Spring’s parent company, Nestle. Also testifying is celebrity enviro-pol Robert F. Kennedy Jr., who had signed up a water company he controls as one of the plaintiffs — gee, who knew RFK Jr. was tied in with hotshot plaintiff’s lawyers? (Alex Beam, “An uncivil action in Maine”, Mar. 8; Gregory D. Kesich, “Water bottlers in court to recoup lost settlement”, Portland Press Herald, Mar. 8; “Law firm’s handling of Poland Spring case at issue in trial”, AP/Boston Globe, Mar. 8; Gregory D. Kesich, “Water case puts lawyers’ ethics on trial”, Portland Press Herald, Mar. 10; “Witnesses tell of how Nestle case fell apart”, Mar. 17). The trial is expected to conclude this week. For more on the Poland Spring class actions, see Sept. 10, 2003, Feb. 2, 2004 and Jun. 25, 2004.

Not so gentle

A New Age psychotherapeutic outfit based in Kittery, Maine, and nearby New Hampshire, the Gentle Wind Project “is a 24-year-old non-profit corporation that describes itself as being ‘dedicated to education and research aimed at alleviating human suffering and trauma.’ … The organization holds seminars across the country, selling “healing instrument” products for donations ranging from $450 to upwards of $10,000, asserting they have exclusive healing technology that is channeled telepathically from the ‘spirit world’ and has healing powers.” On a less serene note, the organization recently filed a lawsuit claiming that a husband and wife from Blue Hill, Me., Judy Garvey and James F. Bergin, and various other individuals defamed Gentle Wind by publishing a website criticizing the organization’s leadership and cautioning newcomers against excessive involvement. Garvey and Bergin were themselves formerly involved with Gentle Wind. (James Baker, “New age therapy group sues over Web site”, Foster’s Sunday Citizen (N.H.), Aug. 8)(more). The Gentle Wind Project’s side of the story may be found here and here. Update Jan. 19, 2006: federal judge dismisses suit.