Opinion by Consumer Advocate Tim Bolen
I read Court documents, including Original Complaints (the lawsuit itself), all of the time. It occurred to me, when I first read the Doctor’s Data v Barrett, Federal Court case that the attorneys writing that case were very well informed about how the quackbusters operate. I thought to myself “these people must have been reading my newsletters…” But, as I began to re-read the case several times, looking for stuff to write about, I decided that it was very likely they had a well-informed source of their own – perhaps someone inside the quackbuster ranks.
As I thought about that I realized that because the upper echelon of the quackbuster operation tend to use their soldiers like Kleenex, there was a very long list of victims that might fit the bill. As I thought about it I realized that it would have to be somebody who was relatively close to the top of the operation – at the same time disenchanted, for whatever reason, with the people at the top.
The tentative list I put together was large, and included, virtually every member of the old NCAHF Board of Directors (the ones still alive), for, as you can easily see, they, since their usefulness has expired, have been used and thrown in the trash. You hardly ever hear about William Jarvis since the California Health Freedom Movement worked to get him tossed from Loma Linda University. And, weird old Wallace Sampson just kind of faded into his own fart pattern.
And then, one day, I realized I hadn’t re-visited that lawsuit Terry Polevoy had filed against Stephen Barrett‘s personal attorney Christopher Grell, and 20 other John Does, in California. So, I did revisit it – and the light went on.
You can read the article I wrote, with excellent links, by clicking on “Quackbusters Sue Each Other – All is Not Well in Scumville …”
Here is why I think so…
Polevoy got stuck, in the Barrett v Clark case, with a bill for $311,000 in money owed to Ilena Rosenthal.. Polevoy blames Grell, and Barrett for this – as the earlier article explains. The 10% interest, per year, on the $311,000 Judgment amount continues to mount up. Since nothing has been paid so far, my guess is the bill is now somewhere around $450,000.
When the threesome were originally hit with the whole bill there was a big fundraising effort to assist Barrett to keep Ilena Rosenthal from seizing the quackwatch, casewatch, etc., websites. NONE of the money raised went to help Terry Polevoy. He was shut out.
NOW – the Polevoy v Grell case has taken on an angry tone. A six day Trial is set for April 11th, 2011, at 8:30 AM in D-22. More, Polevoy’s attorneys are complaining to the Judge about Grell not producing documents. Interrogatories and Deposition demands are flying across the Judge’s desk. Here is the case schedule.
The basis of Polevoy’s argument is this, below:
- The Court of Appeal held that respondent Rosenthal’s potentially actionable statement about POLEVOY was not immunized by the federal Communications Decency Act, and reversed the judgment as to Polevoy. But the intermediate appellate court otherwise upheld the trial court’s rulings on respondent Rosenthal’s special motion to strike, and affirmed the judgment in favor of Rosenthal and against GRELL and Barrett.
- The decision by the intermediate appellate court highlights why GRELL’s and Barrett’s selfish financial interests had become directly adverse to POLEVOY’s interests: with the judgment affirmed as to them, after remand, the trial court would award respondent her fees on appeal against GRELL and Barrett. But respondent could not recover nor be permitted to seek attorneys fees from POLEVOY, and POLEVOY’s defamation action against respondent Rosenthal could proceed. The appellate court’s revival of POLEVOY’s defamation claim, in effect, gave POLEVOY some leverage as to respondent, which GRELL, in breach of his fiduciary and ethical obligations, sought to exploit for his own selfish
interests and for his other client Barrett.
- After the opinion of the Court of Appeal issued, but before the expiration of time for respondent or the appellants to file a petition for review with the California Supreme Court, respondent made an offer to defendant GRELL as follows: POLEVOY and respondent would sign mutual releases and POLEVOY’s claim against Rosenthal would be dismissed, each party to bear his or her won attorney’s fees and costs. Respondent’s attorney warned GRELL that if POLEVOY rejected respondent’s offer, respondent would prepare and file a petition for review with the California Supreme Court as to POLEVOY regarding the intermediate appellate court’s rejection of respondent’s immunity under the federal Communications Decency Act.
In short, Terry Polevoy is obviously very angry, for a number of reasons. There was an implicit threat in the whole case in that the original complaint identifies Grell and 20 John Does as additional Defendants. It reads here:
“3. Plaintiff presently does not know the identities or involvement of the Defendants sued herein as DOES 1 through 20, and therefore sues them as fictitious defendants. Plaintiff is informed and believes that each of the Doe defendants is responsible, in part, ,for the acts and occurrences alleged herein, for the damage and losses suffered by plaintiff herein, and is liable to plaintiff herein.”
I think Terry Polevoy may be carrying out his threat to name the people behind Barrett, and explain to someone exactly how the whole quackbuster operation works – including who REALLY runs it – and it is NOT Stephen Barrett.
I’d almost bet that the attorneys for Doctor’s Data have a long, detailed Affidavit from Polevoy they can use to magnify Count Nine (Civil Conspiracy) in the Doctor’s Data v Barrett, Federal Court case.
What Polevoy is trying to do…
He wants to shift the $450,000 payment burden for his loss to Rosenthal over to Grell and Barrett, and twenty others, because Rosenthal’s legal team is, legally speaking, using a torch on his ass. Grell, Barrett, and those nineteen others, in short, are telling him to stuff it.
But Polevoy may have a wild card to play. He may know where the bodies are buried… And, that information, with, perhaps, copies of secret emails could…
Tim Bolen – Consumer Advocate