John M. R. Paterson
jpaterson@bernsteinshur.com
Shareholder
John Paterson is a trial lawyer and the member of the Firm's Litigation Practice Group. John has a wide ranging trial practice, but generally concentrates his practice on complex, commercial and business litigation matters. He has tried cases to both judges and juries in the State and Federal Courts in Maine and around the country and representation of a variety of licensed professionals and business entities before state and federal administrative agencies. John represents both plaintiffs and defendants, and has both recovered and defended against numerous multi-million dollar claims. In addition, his work in the health care field includes representation of hospitals in all aspects of their operations and work on behalf of a variety of health care professionals before state and federal licensing and enforcement agencies. He also has an extensive appellate practice having argued more than 40 cases before the Maine Supreme Judicial Court and the U.S. Court of Appeals.
Before joining Bernstein Shur in 1981 he served as Chief of the Environmental Division of the Maine Attorney General’s Office (1970-1975) and Deputy Attorney General in Charge of Civil Litigation (1976-1981). Among other matters, Paterson was the State’s lead attorney in the landmark 12-million acre land claim litigation brought against the State of Maine on behalf of the Passamaquoddy and Penobscot Tribes. In that capacity he co-authored the article A “Reexamination of Passamaquoddy v. Morton,” 31 Me.L.Rev. 115 (1979). He was the state’s lead negotiator in the settlement of the claim which settlement was enacted into law by Congress in the Maine Indian Land Claims Settlement Act of 1980.
A sample of some of his notable cases include:
• Successful representation of the State of Maine in a suit by seven major oil companies challenging the constitutionality of Maine’s landmark Coastal Protection Act.
• Successful representation of one of the largest magazine distributors in the country in a federal lawsuit alleging various violations of the Robinson-Patman Act including allegations of commercial bribery.
• Representation of Georgia Pacific Paper Company in a suit brought against it under Maine’s antitrust statutes to block a hostile tender offer for Great Northern Paper. The suit alleged various theories of monopolization.
• Successful representation of Bath Iron Works Corporation in a suit challenging the constitutionality of a state and local bond issue designed to assist BIW in the creation of a major ship repair facility in Portland, Maine. The trial court sustained the constitutionality of the bond issues, reversing a 100 year old legal doctrine in Maine. The Maine Supreme Judicial Court sustained the decision on appeal.
• Successful defense of a television station in a jury trial in which the plaintiff alleged that he had been defamed by several stories broadcast by the station.
• Jury verdict in federal court in favor of a bank that was accused of having aided and abetted securities fraud in connection with its financing of certain residential housing projects in Maine.
• Successful jury verdict on behalf of a television station accused of having defamed a person who was the subject of story of a marital dispute and child abduction.
• Successful representation of a registered stock broker before a panel of the New York Stock Exchange in a proceeding brought to revoke his license to practice on the exchange.
• Favorable multimillion dollar settlement of a claim on behalf of beneficiaries of family trust against a national bank’s trust department for having mismanaged a family trust.
• Arbitration verdict of more than $500,000 on behalf of two partners in a nursing home project alleging that the defendant had committed fraud.
• Representation of a group of landowners seeking to overturn the approval of a Tribal casino by the Maine Department of Environmental Protection. The Maine Supreme Judicial Court overturned the agency decision and held the tribe had no legal authority to operate a casino at the disputed location.
• Successful pro bono representation of an indigent mother from a decision by the state trial court terminating her parental rights. The Maine Supreme Judicial Court ordered restoration of her rights.
• Successful representation of a Maine biomass electric generator challenging the constitutionality of a state tax imposing a tax on the importation of out of state waste to fuel the facility.
• Successful defense on behalf of a major regional liquor distributor to a challenge to an award of Maine’s wholesale liquor distribution business. The client had been the successful bidder on the privatization project worth well in excess of $10 million. The State Contract Review Board denied the challenge to the contract award.
Paterson is listed in the Best Lawyers in America for his Media/First Amendment, Antitrust and Appellate practices. He is a contributing author to the Maine Media Law Guide: A Guide for News Reporters and Journalists and to the ABA State Antitrust Manual. He also authored the article “Time to Reexamine Maine’s Administrative Procedures Act” 24 ME. Bar Journal 108 (2009).
He has served on a variety of civic and charitable organizations including the Freeport, Maine School Committee and the Freeport, Maine Town Council, the boards of directors of the Freeport Historical Society, the Tedford Shelter, the Chocolate Church Arts Center in Bath, Maine, and PCA Great Performances. Paterson served on the Professional Ethics Commission of the Board of Overseers of the Bar for 15 years including a term as its Chair and was Chair of the Baxter Compensation Authority, a State agency created in 2001 to provide compensation to former students of the State operated Baxter School for the Deaf who were the victims of long term physical and sexual abuse. He is currently Vice President of the Maine Civil Liberties Union.
EDUCATION
JD, New York University School of Law, 1969
BA, Bowdoin College, 1966
AFFILIATIONS
Admitted to Practice:
State of Maine
U.S. District Court, District of Maine
U.S. Court of Appeals, First Circuit
U.S. Supreme Court
Member:
Maine State Bar Association
American Bar Association
American Health Lawyers Association
Association of Defense Trial Lawyers
Libel Defense Research Center
Baxter Compensation Authority