Quackbuster Attorney "Suffers the Consequences"...

Opinion by Consumer Advocate  Tim Bolen 

Sunday, April 8th, 2007

The US "quackbuster" operation, perhaps one of the slimiest groups on Planet Earth, sank to a new low this last few weeks when they, apparently, abandoned their own attorney, Christopher Grell, leaving him, perhaps, in financial, and professional ruin. 

Hundreds of pages of Court documents show the depth of Grell's desperation.

This coming Wednesday, April 11th, 2007, at 2:00PM, a hearing will be held in Oakland Superior Court in California to determine Grell's ability to pay the costs of his, and two "quackbuster" manipulators, delicensed MD Stephen Barrett, and Canadian pimple doctor Terry Polevoy's failed courtroom assault.  Court documents indicate that neither Barrett nor Polevoy, outspoken throughout the case, are willing to pay their share of the Court imposed costs.  My estimates show that the trio might have to pay out about $200,000 in legal fees to their victim/Defendant Ilena Rosenthal and her legal team. 

Leaving Grell stranded?

The lawsuit, known as the Barrett v. Clark (Rosenthal)) case, garnered international notice when virtually ALL of the big names on the internet jumped in on Rosenthal's side, filing "Friend of the Court" Briefs on Rosenthal's behalf.  You can read all about that by clicking on "Quackbusters CRUSHED by California Supreme Court..."

The really good part of all this, the one that makes me smile broadly, is that California's anti-SLAPP law, designed for just this sort of lawsuit, worked just like it was supposed to.

The California anti-SLAPP law, whose full title is "anti Strategic Lawsuit Against Public Participation," was designed to stop Plaintiffs from filing scurrilous lawsuits against Defendants just to shut them up on a public issue, by overpowering them with litigation they cannot afford.  The law provides for the Defendants, by allowing them to collect their attorney fees from the Plaintiff almost immediately upon winning a Motion to Dismiss.  The California Supreme Courts ruled, unanimously, that the trio had no cause to pursue Ilena Rosenthal.  They now owe her, and her legal team, those legal fees. 

The Plaintiff trio were able to forestall that original payment only because they appealed the original Judge's decision to the California Appeals Court, then to the  California Supreme Court - where they were soundly, and publicly, horse-whipped.

The trio, apparently, aren't willing to acknowledge their debt, nor their loss.  Now, the "collection" process has begun, and the Courts are allowing a ruthless approach to that collection, "as follows:  Levy on any & all bank deposit  accounts held in name or interest of judgment debtor as well as accounts receivable, lines of credit, general intangibles, and/or proceeds thereof in which he has an interest individually or jointly, include contents of any safety deposit to which he has access;  SSN:113-44-9446"

More importantly, it appears, now, that Polevoy and Barrett have abandoned Grell, leaving Grell "holding the bag" for the legal fees.  It doesn't appear that either Barret, nor Polevoy ever contributed funds to the original case.  So Grell is now out, not only the fees due Rosenthal, but the costs he incurred over the six years of the legal action.

And, Barrett is openly raising money for himself, and his legal woes, completely ignoring the situation he set up for Grell.

Rosenthal's attorneys are pursuing their fees aggressively...

As well they should.  The trio had plenty of information available to them right from the start that they had no case.  It was all harassment. 

Last march 30th, 2007, Grell filed his last arrow in his legal arsenal, trying to stop "collection."  He filed one more Motion to Dismiss the attorney fee award.  It failed.  The judge denied it.

Stay tuned...

Tim Bolen - Consumer Advocate