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{{short description|American lawyer}} | |||
⚫ | '''Frederick Martin Baron''' ( |
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{{Similar names|Fred Baron (disambiguation){{!}}Fred Baron}} | |||
{{More citations needed|date=October 2008}} | |||
{{Infobox person | |||
| name = Fred Baron | |||
| image = Fred Baron.jpg | |||
| image_size = 200 px | |||
| caption = Fred Baron in 2008 | |||
| birth_name = Frederick Martin Baron | |||
| birth_date = June 20, 1947 | |||
| birth_place = ], U.S. | |||
| death_date = {{Death date and age|2008|10|30|1947|6|20}} | |||
| death_place = ], ], U.S. | |||
| known_for = | |||
| alma_mater = ]<br />(], ]) | |||
| employer = | |||
| spouse = ] | |||
| partner = | |||
| children = | |||
| parents = | |||
| relations = | |||
| website = | |||
| footnotes = | |||
}} | |||
⚫ | '''Frederick Martin "Fred" Baron''' (June 20, 1947 – October 30, 2008<ref>{{cite web|url=http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/103108dnmetbaron.164c3b4a4.html|title=Article about death|publisher=}}</ref>) was an American trial ] best known for representing plaintiffs claiming ]. He was also an active figure in ] as a fund-raiser for the ]. | ||
==Early life and education== | |||
Born in ], Fred spent his early years in ] until Baron and his mother moved to ] when he was fifteen. A high school football player, he continued his education at the ]. Then he attended the ], where he was an editor of the law review. | |||
==Career== | ==Career== | ||
Baron |
Baron was one of the founders of Baron & Budd, P.C., a ] law firm and a former president of the ].<ref>{{cite web|url=http://www.utexas.edu/law/depts/alumni/trustees/baron.html|title=Association of Trial Lawyers of America|publisher=|access-date=2006-06-11|archive-url=https://web.archive.org/web/20041225003651/http://www.utexas.edu/law/depts/alumni/trustees/baron.html|archive-date=2004-12-25|url-status=dead}}</ref> Fred Baron sold his interest in Baron & Budd and retired from the firm in December 2002.<ref>{{cite web| url = http://www.bizjournals.com/dallas/stories/2008/10/27/daily60.html| url-status = dead| archive-url = https://web.archive.org/web/20081104105851/http://www.bizjournals.com/dallas/stories/2008/10/27/daily60.html| archive-date = 2008-11-04| title = 'King of Torts' Fred Baron dies of cancer - Dallas Business Journal}}</ref> His former firm has become one of the largest firms in the country representing victims of toxic and chemical exposure particularly claims of ] exposure. As a young lawyer in 1975, Baron became a pioneer in the application of strict liability causes of action in asbestos litigation using the then-recently adopted Restatement Second of Torts Section 402a.<ref>{{Cite web |title=CONGRESSIONAL RECORD |url=https://www.gpo.gov/fdsys/pkg/CREC-2008-11-19/pdf/CREC-2008-11-19-pt1-PgE2262.pdf |access-date=May 26, 2024 |website=www.gpo.gov}}</ref> He represented workers and widows of deceased workers at Pittsburg ]'s ] plant.<ref>"Outrageous Misconduct: The Asbestos Industry on Trial", Paul Brodeur, 1985, Pantheon Books, NY</ref> | ||
One academic estimated that Baron & Budd, along with Ness Motley, was one of two firms responsible for half of the hundreds of thousands of ] claimants in the country.<ref>Samuel Issacharoff, ‘‘Shocked’’: Mass Torts and Aggregate Asbestos Litigation After Amchem and Ortiz, 80 Tex. L. Rev. 1925, 1930 (2002).</ref> | |||
⚫ | |||
⚫ | Baron convinced the ] to de-certify nationwide asbestos class action settlements involving future claims of people who are not yet ill, but who may later develop asbestos-related illnesses.<ref name="Amchem">{{cite web|url=https://www.law.cornell.edu/supct/html/96-270.ZO.html|title=''Amchem Products, Inc. et al., v. George Windsor et al.''|last=Ginsburg|publisher=}}</ref> The decertification addressed the problem that ]-related illnesses like ] (a fatal cancer of the lining of the lung) or ] (a similar cancer of the lining of the abdomen), have a latency period of 20–40 years from the date of exposure.<ref name="Amchem"/> | ||
⚫ | ==Politics== | ||
Baron has been an active figure in politics as a prominent fund-raiser for the ] and fellow trial lawyer, Sen. ]. Baron was the finance chair of Edwards' 2004 presidential campaign before co-chairing the Kerry Victory '04 committee, a joint effort of the ] and the Presidential campaign of ]. Baron gave $1.7 million to the ] in the last two years and is also heavily involved in Edwards's 2008 presidential campaign, moving to North Carolina to head up fundraising there.<ref>, ''Austin American-Statesman'', 12 Nov. 2006</ref> | |||
In 1985, Baron reached a $20 million (some argue $45 million after payments with interest are included over a 30-year period) agreement with RSR Corporation<ref>{{cite web|url=http://www.dallasnews.com/news/news/2012/12/14/timeline-of-smelter-operations|title=Timeline of smelter operations|date=14 December 2012|publisher=}}</ref> for one of the largest community lead contamination cases ever. In the mainly impoverished and minority community of ], he represented 370 children and some 40 property owners. Most clients resided in the West Dallas ] complex that was located directly in the path of the ] that had blown ] particles released in the air by RSR Corp. into the lives of the children in the neighborhood. The case did not however make it all the way through the court systems. The actual agreement came in an out-of-court settlement with Baron and RSR Corp. The children benefiting from Barons work receive interest included periodical payments over a 30-year period.<ref>{{cite web|title=Attorneys|publisher=Private Firm|url=http://baronandbudd.com/about/attorneys/|accessdate=2010-04-26}}</ref> | |||
==Controversy== | |||
In 2002, Baron left Baron & Budd along with his wife, Lisa Blue. Baron sued his former firm for breach of contract; Baron & Budd counterclaimed alleging that Baron and Blue breached contractual, fiduciary and legal obligations to the firm by failing to receive prior consent from Baron & Budd for plans to form a new firm.<ref>Brenda Sapino Jeffreys, , ''Texas Lawyer'', 11 Dec 2006</ref> | |||
===Asbestos litigation=== | |||
As a result of his litigation of asbestos claims, Baron has been the subject of criticism by 'tort reform' advocates. His litigation tactics were criticized when a memo showing he coached witnesses was produced by his firm. The memo discussed what witnesses needed to know in preparing for their testimony, including stressing the importance of confidence in responses. In response to the criticism, Baron cited four ethics opinions: William Hodes, a legal ethics specialist from the University of Indiana, Steven McCormick, general counsel of the State Bar of Texas, as well as two two University of Texas legal-ethics professors. All concluded the client instructions were appropriate. A ] state bar grievance committee found ethics charges without merit, and dismissed them. <p> | |||
⚫ | ===Politics=== | ||
====The ]==== | |||
Baron was an active figure in politics as a prominent fund-raiser for the ] and fellow trial lawyer, Sen. ]. Baron was the finance chair of Edwards's 2004 presidential campaign before co-chairing the Kerry Victory '04 committee, a joint effort of the ] and the ].<ref>{{cite web|url=https://www.law360.com/texas/articles/75059|title=Plaintiffs Lawyer, Edwards Fundraiser Fred Baron Dies|first=Denise|last=Oliveira|publisher=]|date=October 31, 2008}}</ref> Baron gave $1.7 million to the Texas Democratic Trust in the last two years<ref>{{cite web|url=http://www.texaslawyer.com/home/id=900005552792?__nored=2|title=Impact Player of the Year: Fred Baron|publisher=}}</ref> and was also heavily involved in ], moving to ] to coordinate fundraising, and renting Edwards his ] private jet.<ref>{{cite web|url=https://www.foxnews.com/story/2008-candidates-rely-on-private-jets-to-get-around|title=2008 Candidates Rely on Private Jets to Get Around|publisher=Fox News/Associated Press|date=2007-04-27|access-date=2008-06-03}}</ref> In total, the Edwards campaign paid Baron nearly 1.1 million dollars for this service.<ref>{{cite web |url=http://www.fec.gov/DisclosureSearch/MapAppDownload.do?cand_id=P40002347&cand_nm_title=Edwards,%20John&tranType=expendDetail |title=John Edwards Expenditure Data |accessdate=2008-08-10 |archive-date=2009-04-06 |archive-url=https://web.archive.org/web/20090406124835/http://www.fec.gov/DisclosureSearch/MapAppDownload.do?cand_id=P40002347&cand_nm_title=Edwards%2C%20John&tranType=expendDetail |url-status=dead }}</ref><ref> {{Webarchive|url=https://web.archive.org/web/20070928123225/http://www.tpj.org/page_view.jsp?pageid=1100&pf=1|date=2007-09-28}}, ''Austin American-Statesman'', 12 Nov. 2006</ref> | |||
{{main|Baron & Budd Script Memo controversy}} | |||
Baron joked about the prominence he and other trial lawyers have in the Democratic Party. In a July 2002 speech, he noted a '']'' editorial that said that "the plaintiffs bar is all but running the Senate." Baron pointed to the editorial and said, "Now I really, strongly disagree with that. Particularly the 'all but.'"<ref>], , ''Wall Street Journal'', 6 Nov. 2002</ref> | |||
The Baron & Budd Script Memo controversy is an incident in asbestos litigation where it is alleged that Baron & Budd engaged in subornation of perjury and a cover-up.<ref name="Brickman2">Lester Brickman, , 31 Pepperdine L. Rev. 33 (2004).</ref> Though (and because) no attorneys were disciplined or sanctioned over the incident, it is frequently cited by United States ]<ref>], , ''Reason'' (June 1998)</ref> and politicians<ref name="Kyl">Additional View of Senator Kyl, at pp. 81-184 (21 Jul. 2003) (reprinting memo in full).</ref> as an example of ethical problems in the plaintiffs' bar and asbestos litigation. Baron and some academics argue that the memo was the act of a single paralegal, and that it was within the bounds of "zealous representation."<ref>W. William Hodes, The Professional Duty To Horseshed Witnesses—Zealously, Within The Bounds Of the Law, 30 TEX. TECH L. REV. 1343 (1999); Charles Silver, Preliminary Thoughts on the Economics of Witness Preparation, 30 TEX. TECH L. REV. 1383, 1398-1401 (1999)</ref> However, the ] conducted an investigation of the memo, and found that "a number of former Baron & Budd employees say that the information and techniques contained in the memo are widely used, even taught to employees" and that the "memo was not truly an aberration, but a written example of how the product-identification staff works at Baron & Budd."<ref name="Toxic">Julie Lyons, Patrick Williams, Thomas Korosec, and Christine Biederman, , 13 Aug. 1998</ref><ref name="Korosec">Thomas Korosec, , ''Dallas Observer'', 29 March 2001</ref><ref>Julie Lyons, , Dallas Observer, 13 Aug. 1998.</ref> | |||
== Personal life == | |||
==Honors and Accomplishments== | |||
Baron indicated on August 8, 2008, two months before his death at age 61, that he had provided financial assistance to ]' mistress, ]. He claims he paid her directly, not using campaign money.<ref>{{Cite web|title=Dallas lawyer says he paid rent to help Hunter escape tabloids|url=https://www.chron.com/news/houston-texas/article/Dallas-lawyer-says-he-paid-rent-to-help-Hunter-1752856.php|last=Fikac|first=Peggy|date=2008-08-08|website=Houston Chronicle|access-date=2020-05-24}}</ref> Baron died of cancer in ] on October 30, 2008. | |||
⚫ | * Fred Baron has been honored as a lawyer who helped shape Texas law during the 20th century in ''Legal Legends: A Century of Texas Law and Lawyering'' |
||
⚫ | * Named as one of the nation's top plaintiff's lawyers by ] magazine (2001).<ref> |
||
* Named one of Dallas' top lawyers by D Magazine (May 2001 and May 2005).<ref></ref> | |||
⚫ | * In 2001, The ] endowed a chair in his name.<ref> |
||
* Past president of the ] (ATLA); | |||
* A member of the Board of Governors of ATLA, as Chairman of the Public Affairs Committee on the Board of Governors, and Chairman of its Section on Toxic, Environmental and Pharmaceutical Torts; | |||
* Past president of ]; | |||
* A member of the Board of Directors of The ]; | |||
* A member of the ], serving on the ] sub-committee; | |||
* Vice-Chairman of the Toxic and Hazardous Substances and Environmental Law Subcommittee for the American Bar Association; | |||
* Member of the ]; | |||
* Life Fellow of the ] and ]; | |||
* Former member of the Board of Advisors to the ] (B.N.A.); | |||
* Former Trustee for the ]; | |||
* Member of the Advisory Board of ]; | |||
* Director of the ]; | |||
* Director of the ] (Charitable Trust); | |||
* Trustee of the ] (Charitable Trust); | |||
* Trustee of the ]; | |||
* On the Texas Advisory Board of the ]; | |||
* Ranked as one of nation's top plaintiff's lawyers in Forbe's Magazine in 2001. | |||
== |
==Awards and honors== | ||
⚫ | * Fred Baron has been honored as a lawyer who helped shape Texas law during the 20th century in ''Legal Legends: A Century of Texas Law and Lawyering''.<ref>Texas Lawyer commemorative publication, June 2000</ref> | ||
* | |||
⚫ | * Named as one of the nation's top plaintiff's lawyers by ] magazine (2001).<ref>{{cite web|url=http://www.pittsburghlive.com/x/pittsburghtrib/s_88352.html|title=Mary Ann Thomas and Ramesh Santanam 2002. "Lawsuit against ARCO, BWXT rolls on". Valley News Dispatch.|publisher=|access-date=2006-06-13|archive-url=https://web.archive.org/web/20081018024759/http://www.pittsburghlive.com/x/pittsburghtrib/s_88352.html|archive-date=2008-10-18|url-status=dead}}</ref> | ||
* | |||
⚫ | * In 2001, The ] endowed a chair in his name.<ref>{{cite web|url=http://www.utexas.edu/law/news/2001/chair_baron.html|title="Chair established to honor Frederick M. Baron, '71" (2001)|publisher=|access-date=2006-12-27|archive-url=https://web.archive.org/web/20050915203804/http://www.utexas.edu/law/news/2001/chair_baron.html|archive-date=2005-09-15|url-status=dead}}</ref> | ||
* | |||
* | |||
⚫ | * |
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⚫ | * | ||
==References== | ==References== | ||
{{reflist}} | |||
<references/> | |||
==External links== | |||
⚫ | * | ||
⚫ | * | ||
{{DEFAULTSORT:Baron, Frederick}} | |||
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Latest revision as of 18:52, 30 September 2024
American lawyer For other people with similar names, see Fred Baron.This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Fred Baron" lawyer – news · newspapers · books · scholar · JSTOR (October 2008) (Learn how and when to remove this message) |
Fred Baron | |
---|---|
Fred Baron in 2008 | |
Born | Frederick Martin Baron June 20, 1947 Cedar Rapids, Iowa, U.S. |
Died | October 30, 2008(2008-10-30) (aged 61) Dallas, Texas, U.S. |
Alma mater | University of Texas at Austin (BA, JD) |
Spouse | Lisa Blue Baron |
Frederick Martin "Fred" Baron (June 20, 1947 – October 30, 2008) was an American trial lawyer best known for representing plaintiffs claiming toxic and chemical exposure. He was also an active figure in politics as a fund-raiser for the Democratic Party.
Early life and education
Born in Cedar Rapids, Iowa, Fred spent his early years in Rock Island, Illinois until Baron and his mother moved to Smithville, Texas when he was fifteen. A high school football player, he continued his education at the University of Texas at Austin. Then he attended the University of Texas School of Law, where he was an editor of the law review.
Career
Baron was one of the founders of Baron & Budd, P.C., a Dallas, Texas law firm and a former president of the Association of Trial Lawyers of America. Fred Baron sold his interest in Baron & Budd and retired from the firm in December 2002. His former firm has become one of the largest firms in the country representing victims of toxic and chemical exposure particularly claims of asbestos exposure. As a young lawyer in 1975, Baron became a pioneer in the application of strict liability causes of action in asbestos litigation using the then-recently adopted Restatement Second of Torts Section 402a. He represented workers and widows of deceased workers at Pittsburg Corning's Tyler, Texas plant.
One academic estimated that Baron & Budd, along with Ness Motley, was one of two firms responsible for half of the hundreds of thousands of asbestos litigation claimants in the country.
Baron convinced the United States Supreme Court to de-certify nationwide asbestos class action settlements involving future claims of people who are not yet ill, but who may later develop asbestos-related illnesses. The decertification addressed the problem that asbestos-related illnesses like pleural mesothelioma (a fatal cancer of the lining of the lung) or peritoneal mesothelioma (a similar cancer of the lining of the abdomen), have a latency period of 20–40 years from the date of exposure.
In 1985, Baron reached a $20 million (some argue $45 million after payments with interest are included over a 30-year period) agreement with RSR Corporation for one of the largest community lead contamination cases ever. In the mainly impoverished and minority community of West Dallas, he represented 370 children and some 40 property owners. Most clients resided in the West Dallas public housing complex that was located directly in the path of the prevailing southerly winds that had blown lead particles released in the air by RSR Corp. into the lives of the children in the neighborhood. The case did not however make it all the way through the court systems. The actual agreement came in an out-of-court settlement with Baron and RSR Corp. The children benefiting from Barons work receive interest included periodical payments over a 30-year period. In 2002, Baron left Baron & Budd along with his wife, Lisa Blue. Baron sued his former firm for breach of contract; Baron & Budd counterclaimed alleging that Baron and Blue breached contractual, fiduciary and legal obligations to the firm by failing to receive prior consent from Baron & Budd for plans to form a new firm.
Politics
Baron was an active figure in politics as a prominent fund-raiser for the Democratic Party and fellow trial lawyer, Sen. John Edwards. Baron was the finance chair of Edwards's 2004 presidential campaign before co-chairing the Kerry Victory '04 committee, a joint effort of the Democratic National Committee and the John Kerry 2004 presidential campaign. Baron gave $1.7 million to the Texas Democratic Trust in the last two years and was also heavily involved in John Edwards 2008 presidential campaign, moving to North Carolina to coordinate fundraising, and renting Edwards his Hawker 800 private jet. In total, the Edwards campaign paid Baron nearly 1.1 million dollars for this service.
Baron joked about the prominence he and other trial lawyers have in the Democratic Party. In a July 2002 speech, he noted a Wall Street Journal editorial that said that "the plaintiffs bar is all but running the Senate." Baron pointed to the editorial and said, "Now I really, strongly disagree with that. Particularly the 'all but.'"
Personal life
Baron indicated on August 8, 2008, two months before his death at age 61, that he had provided financial assistance to John Edwards' mistress, Rielle Hunter. He claims he paid her directly, not using campaign money. Baron died of cancer in Dallas on October 30, 2008.
Awards and honors
- Fred Baron has been honored as a lawyer who helped shape Texas law during the 20th century in Legal Legends: A Century of Texas Law and Lawyering.
- Named as one of the nation's top plaintiff's lawyers by Forbes magazine (2001).
- In 2001, The University of Texas School of Law endowed a chair in his name.
References
- "Article about death".
- "Association of Trial Lawyers of America". Archived from the original on 2004-12-25. Retrieved 2006-06-11.
- "'King of Torts' Fred Baron dies of cancer - Dallas Business Journal". Archived from the original on 2008-11-04.
- "CONGRESSIONAL RECORD" (PDF). www.gpo.gov. Retrieved May 26, 2024.
- "Outrageous Misconduct: The Asbestos Industry on Trial", Paul Brodeur, 1985, Pantheon Books, NY
- Samuel Issacharoff, ‘‘Shocked’’: Mass Torts and Aggregate Asbestos Litigation After Amchem and Ortiz, 80 Tex. L. Rev. 1925, 1930 (2002).
- ^ Ginsburg. "Amchem Products, Inc. et al., v. George Windsor et al.".
- "Timeline of smelter operations". 14 December 2012.
- "Attorneys". Private Firm. Retrieved 2010-04-26.
- Brenda Sapino Jeffreys, Baron & Budd Alleges Ex-Shareholders Breached Duties by Planning Vioxx Venture With Lanier, Texas Lawyer, 11 Dec 2006
- Oliveira, Denise (October 31, 2008). "Plaintiffs Lawyer, Edwards Fundraiser Fred Baron Dies". Law360.
- "Impact Player of the Year: Fred Baron".
- "2008 Candidates Rely on Private Jets to Get Around". Fox News/Associated Press. 2007-04-27. Retrieved 2008-06-03.
- "John Edwards Expenditure Data". Archived from the original on 2009-04-06. Retrieved 2008-08-10.
- Democratic effort helped by lawyer's $1.7 million Archived 2007-09-28 at the Wayback Machine, Austin American-Statesman, 12 Nov. 2006
- John Fund, "Have You Registered to Sue?", Wall Street Journal, 6 Nov. 2002
- Fikac, Peggy (2008-08-08). "Dallas lawyer says he paid rent to help Hunter escape tabloids". Houston Chronicle. Retrieved 2020-05-24.
- Texas Lawyer commemorative publication, June 2000
- "Mary Ann Thomas and Ramesh Santanam 2002. "Lawsuit against ARCO, BWXT rolls on". Valley News Dispatch". Archived from the original on 2008-10-18. Retrieved 2006-06-13.
- ""Chair established to honor Frederick M. Baron, '71" (2001)". Archived from the original on 2005-09-15. Retrieved 2006-12-27.
External links
- Columbia Journalism Review "Baring Baron."
- San Antonio Express News column - "City climbs into legal/lucre bed with Democratic trial lawyers"