News from Jensen Baird Gardner & Henry
updated 02.26.08
Constitutional Limits on Punitive Damages: How Much is Too Much?
“At what point does a punitive damage award under State tort law become so excessive that it violates the Due Process Clause of the 14th Amendment?” Michael Nelson, Chair of the firm’s Litigation Department, recently authored an article on this subject, and was featured in the Winter 2008 edition of the Maine Bar Journal. To read the article in its entirety, click here.
New Associates
Loraine L. Hite, Jonathan T. Nass and Sarah M. Lavigne have recently become associated with the firm.
Lori is a member of the firm’s Real Estate Practice Group, and is located in our Kennebunk office. Prior to joining the firm she was a sole practitioner in York County, with extensive experience in residential title research, closings, start-up businesses and non-profits.
Jon is a member of the firm’s Government Services Practice Group, having recently returned to Maine after 12 years in Washington, D.C. While in D.C., Jon served for more than 7 years on Capitol Hill in both the House & Senate, most recently as counsel to the U.S. Senate Homeland Security Committee.
Sarah is a member of the firm’s Estate Planning, Estate Administration, and Tax Law Practice Groups. Prior to attending law school, Sarah worked for local non-profit organizations in the areas of island conservation and the performing arts.
$3,000,000 Jury Verdict
Michael Nelson, Chair of the firm’s Litigation Department, recently won a $3,000,000 jury verdict in a defamation case tried in Federal Court on behalf of a stockbroker against her former employer, Merrill Lynch, Pierce, Fenner & Smith. It is the largest verdict ever awarded in a defamation case in Maine. The United States Court of Appeals affirmed the verdict but reduced the damages to $850,000.
33rd Degree Mason
Carrying on a strong tradition of Freemasonry in the firm, R. Lee Ivy, former Chairperson of the Trusts & Estates Section of the Maine State Bar Association and a Fellow of the American College of Trust and Estate Counsel, has been nominated to receive the highest honor that can be bestowed on a Scottish Rite Freemason, the 33rd Degree. When he receives the Degree next August in Providence, Rhode Island, he will join the late M. Donald Gardner and the late Walter E. Webber as members of the firm who received the honor.
Maine Municipal Association Seminar
Attorney Jon Nass organizes Maine Municipal Association seminar on changes and challenges facing municipal governments in homeland security and emergency management matters.
:Click here for more info:
Husson College Alumni Hall of Fame Member
On September 20, 2007, pursuant to sponsorship by Paul Husson, son of the founder of Husson College, and selection by the Board of Alumni, Marcia G. Corradini, a two-degree graduate of Husson College, was inducted into the Husson College Alumni Hall of Fame at a ceremony held in conjunction with the College’s Homecoming Alumni Dinner. Ms. Corradini’s photo and recognition plaque joins other recognized Alumni in the College’s Walk of Fame hallway.
Attorney Jon Nass speaks to National Preparedness Conference
On June 12, 2007, JBGH Attorney Jon Nass spoke to an audience of state and local emergency managers from across the country at the National Conference on Community Preparedness, in Washington, D.C.
Jon’s speech, “U.S. Senate Report on Hurricane Katrina, the Post-Katrina Emergency Management Reform Act and the Security Act of 2007: What they mean for community preparedness partnerships” offered insight into Jon’s experience drafting and enacting legislation impacting federal, state, and local government preparedness and homeland security activities. His presentation also detailed findings by the most comprehensive investigation into the preparation for and response to Hurricane Katrina conducted.
The event was sponsored by the International Association of Emergency Managers and the U.S. Department of Homeland Security. Jon is a former counsel to the U.S. Senate Homeland Security and Governmental Affairs Committee.
Maine Dirigo Health Commission Formed
Merton Henry has been appointed by Governor John Baldacci to serve on the Blue Ribbon Commission on Dirigo Health. The Commission, which was created by Executive Order, will review and make recommendations for reducing and controlling health care costs, including alternatives for funding Maine’s Dirigo Health Program.
The Law Court Rules on Administrative Board Appeals
In a recent opinion, Maine’s highest court limited a developer’s right to appeal the conditions attached to an administrative board approval. Representing the Town of Gorham, Bill Dale and Sally Daggett of the firm’s Government Services Practice Group successfully argued that such an appeal, like any appeal of an administrative board decision, must be filed within 30 days under the Maine Rules of Civil Procedure. The Law Court’s ruling prevents a developer from pursuing a project under a conditional approval while reserving the right to object to the conditions at any point in the future. Instead, a developer now must immediately appeal any “adverse” condition just as it would have to do if its application had been denied by the administrative board.
New England Super Lawyers
Five partners were selected for inclusion in the latest edition of New England Super Lawyers.
· Ken Cole was selected for Land Use/Zoning.
· Ron Epstein was selected for Government/Municipal and Real Estate.
· Frank Frye was selected for Business/Corporate and Tax.
· Joe Groff was selected for Business Litigation, white collar defense, and civil litigation defense.
· Mike Nelson was selected for Business Litigation, Professional Liability Defense, and Antitrust Litigation.
The Best Lawyers in America
Nine partners were selected for inclusion in the latest edition of The Best Lawyers in America.
· Ken Cole was selected for Real Estate and Administrative Law.
· Bill Dale was selected for Land Use & Zoning Law.
· Ron Epstein was selected for Public Finance Law.
· Frank Frye was selected for Corporate Law.
· Joe Groff was selected for Commercial Litigation and White-Collar Criminal Defense Law.
· Lee Lowry was selected for Real Estate Law.
· Debbie Mann was selected for Construction Law.
· Mike Nelson was selected for Commercial Litigation and Legal Malpractice Law.
· Rick Spencer was selected for Real Estate Law.
Attorneys throughout the United States were asked to rate abilities of other attorneys in their area of expertise. Attorneys who earned the support of their peers are included in the listing. The Best Lawyers in America will be available online at www.bestlawyers.com.
Oxford Network’s Triple Play
Lawyers at Jensen Baird Gardner & Henry assisted the firm's telecommunication client, Oxford Networks, with regulatory and legal issues relating to Oxford's expansion into the Lewiston-Auburn area and construction of a new, state of the art fiber-optic network providing voice, data and video services to businesses and residences. This is the first and only such triple-play network in Maine. Oxford's project is one of the anchors of the economic development effort of the Cities of Lewiston and Auburn known as the Southern Gateway Development District. Frank Frye of the firm's Business Services Group, serves as General Counsel to Oxford and its affiliates, and worked closely with Oxford's senior management to design, implement and complete this unique expansion and raise required capital. Bill Dale, Chair of the firm's Government Services Practice Group, worked with the municipalities to secure video franchise agreements for Oxford - a critical step allowing the network expansion into the new markets. Lee Lowry, a member of the firm's Real Estate Practice Group, assisted Oxford with the design, construction and completion of its new Operations Center and Switch Building, both located on Lisbon Street in Lewiston. Oxford completed the first phase of the project and is now providing its new customers with high-speed internet, television, and traditional voice and telephone services.
Mike Nelson was reappointed by the Supreme Judicial Court to serve as Chair of the Advisory Committee on Professional Responsibility until November 1, 2007.
Mike also authored an article relating to claims of accountant malpractice, published in Maine Bar Journal. The article describes the availability of the comparative negligence defense in accountant malpractice cases nationally, and explains why the defense should be available in cases of accountant malpractice in Maine. For more information on this topic, click here.
Debbie Mann has been selected by the American Arbitration Association to serve on its Construction Industry Arbitration Panel. Selection is based on experience in the construction litigation field and reputation in the industry. The position carries with it substantial annual training obligations, including an initial, intensive program over a two-year period which she completed in 2006.
Jensen Baird Gardner & Henry has been listed as one of Maine’s leading firms in Real Estate in the legal publication of Chambers USA, America’s Leading Business Lawyers, 2003-2004. "Rivals describe the practice as ‘hands-on’ team, distinguished by practitioners’ thoroughness, experience and talent for ‘closing a deal.’ The group represents developers and lenders, commercial landlords and tenants as well as individuals."
The publication also acknowledged Kenneth Cole, "for his common sense and practicality" as a leading attorney in Real Estate in the State of Maine.
Walter Ernest Webber
July 31, 1943 - April 22, 2006
The firm is very saddened by the loss of Walter Webber who passed away on April 22, 2006 at the age of 62.
Please "click here" for more details.
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