James T. Kilbreth

James Kilbreth focuses his practice on complex commercial and regulatory litigation, including antitrust, securities, officer and director liability, class actions, bid award challenges, insurance coverage disputes, environmental and energy matters, and higher education issues.  Jamie was the lead lawyer for the State of Maine in its litigation against the tobacco industry, securing a $1.5 billion recovery, the largest in State history.  He is currently representing a class of over 28,000 retired state employees and public school teachers in their constitutional challenge to cutbacks to their pension benefits, as well as defendants in a major securities fraud case.

Jamie previously served as Chief Deputy Attorney General of the State of Maine, where he supervised all major civil and criminal actions of the office and personally handled several major cases.  Before that he was the Deputy Attorney General in charge of all the state’s civil litigation.  Prior to his work at the Attorney General’s office, he worked at Wilmer, Cutler & Pickering in Washington, D.C.

In addition to his Martindale-Hubbell AV rating, Jamie has been recognized by a number of independent attorney rating publications: Best Lawyers in America in the categories of Commercial Litigation, Environmental Law and Natural Resources Law; Chambers USA: America’s Leading Lawyers for Business under Environment and Litigation: General Commercial; New England Super Lawyers in the category of Business Litigation, where he was named among “The Top 100” attorneys (2008); and as a 2013 Litigation Star by Benchmark Litigation.   

Education

  • J.D. American University Washington College of Law (1976) (magna cum laude)
  • M.A. Northeastern University (1974)
  • B.A. Harvard University (1970) (cum laude)

Bar Admissions

  • Admitted in Maine
  • Admitted to practice before the United States District Court for the District of Maine; the United States District Court for the District of Columbia; the First Circuit Court of Appeals; the Fifth Circuit; the Eleventh Circuit; the D.C. Circuit Court of Appeals ; and the United States Supreme Court

Professional Memberships

  • Maine State Bar Association
  • American Bar Association
  • Fellow, Maine Bar Foundation
  • Maine Equal Justice Partners Legal Panel
  • Maine Trial Lawyers Association
  • NACUA (National Association of College and University Attorneys)

Community/Public Service

  • Morton A. Brody Distinguished Judicial Service Award Selection Committee
  • Business and Consumer Docket Advisory Committee
  • Governor’s Judicial Selection Committee, 2003-2009
  • Former Director, Maine Bar Foundation
  • Director, New England Legal Foundation
  • Advisory Trustee, Southern Africa Legal Services and Legal Education Project; former Director and Past President (1984-2007)
  • Advisory Trustee, Portland Stage Company
  • Trustee and Past President, Maine Audubon Society
  • Chair, Advisory Committee of Providence
  • Member, Justice Action Group

Representative Cases

Maine Law Court Cases

  • State v. Hohler, 543 A.2d 364 (1988)
  • State v. Horton, 561 A.2d 488 (1989)
  • State v. Lavoie, 562 A.2d 146 (1989)
  • State v. Vahlsing, 557 A.2d 946 (1989)
  • Superintendent of Insurance v. Attorney General, 558 A.2d 1197 (1989)
  • School Committee of Town of York v. Town of York, 626 A.2d 935 (1993)
  • International Paper Co. v. Town of Jay, 665 A.2d 998 (1995)
  • International Paper Co. v. Board of Environmental Protection, 737 A.2d 1047 (1999)
  • Acadia Motors, Inc. v. Ford Motor Co., 799 A.2d 1228 (2002)
  • Conservation Law Foundation, Inc. v. Dept. of Environmental Protection, 823 A.2d 551 (2003)

Circuit Court Cases

  • Jordan v. Watkins, 681 F.2d 1067 (5th Cir. 1982) (death penalty)
  • Pejepscot Indus. Park, Inc. v. Maine Cent. R. Co., 215 F.3d 1995 (1st Cir. 2000)
  • Maritimes & Northeast Pipeline, LLC v. 143 Acres of Land in Town of Lisbon., 248 F.3d 1127 (2000)
  • Goodman v. Bowdoin College, 380 F.3d 33 (1st Cir. 2004)
  • Wetmore v. McDonald Page, Schatz, Fletcher & Co., LLC, 476 F.3d 1 (1st Cir. 2007)
  • Maritimes & Northeast Pipeline LLC v. Echo Easement Corridor, LLC, 604 F.3d 44 (1st Cir. 2010)

U.S. Supreme Court

  • Maine v. Moulton, 474 U.S. 159, 106 S.Ct. 477 (1985) (Fifth Amendment)

District and Superior Court

  • U.S. v. Maine Dept. of Transportation, 990 F.Supp. 546 (D. Me. 1997)
  • State of Maine v. Philip Morris et al., Docket No. 97-134 (Kennebec Cty Sup. Ct)
  • In re Stevens, 68 B.R. 774 (D. Me. 1987)
  • Maine Yankee Atomic Power Co. v. Bonsey, 107 F.Supp. 2d 47 (D. Me. 2000)
  • Brunswick Technology Inc. v. Vetrotex Certainteed,et al., Docket No. 2:00-cv-00124-DBH (D. Me.)
  • Bowdoin College et. al. v. Royal Insurance Co. of America, Docket No. 2:02-cv-00168-GC (D. Me.)
  • Gorman v. Coogan, 273 F.Supp. 2d 131 (D. Me. 2003)
  • Gorman v. Coogan, 324 F. Supp. 2d 171 (D. Me. 2004)
  • Natural Resources Council of Maine v. International Paper Co., 424 F.Supp. 2d 235 (D.Me.2006)
  • Wyman’s Auto Body, Inc. v. Akzo Nobel, N.V. et al., Docket No. CV-01-423 (Knox Cty Sup. Ct) (antitrust class action)
  • In re: Sulfuric Acid, Docket No. 1:03-cv-04576 (N.D. Ill) (antitrust class action)
  • New Motor Vehicles Canadian Export Antitrust Litigation, Docket No. 2-03-md-01532-DBH (D. Me) (antitrust class action)
  • Maine Independent Colleges Association, et al. v. John Baldacci, et al., Docket No. 1:09-cv-00396-JAW (D. Me)
  • Executive Risk Indemnity Inc. v. Speltz & Weis LLC, et al., Docket No. 1-09-cv-02750 (N.D. Ill 2011)
  • Gray & Associates LLC v. Speltz & Weis LLC, et al., 880 N.Y.S. 2d 223 (NY Sup.)
  • Duplisea et al. v. Maine & Maritimes Corp., et al., Docket No. BCD-WB-CV-10-13 (Sagadahoc Cty Sup Ct.) (securities class action)