Fred Baron, the Texas trial lawyer best known for spearheading the
toxic tort litigation movement on behalf of thousands of
asbestos-exposed plaintiffs, died from cancer on Oct. 30. The legendary attorney, a founder of Dallas-based law firm Baron & Bud PC, died of a multiple myeloma just weeks after
gaining authorization to use Tysabri -- a drug used to treat multiple sclerosis and Crohn's disease, and a possible drug treatment for his ailment.
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Baron's career in tort litigation began in the 1970s, and he won the moniker the "King of Torts" for his successful if controversial pursuit of awards from big corporations like Halliburton Co. and now-bankrupt W.R. Grace & Co.
Most recently he gained some renown for his involvement in the cover-up
of disgraced former U.S. Sen. John Edward's extramarital affair with
video producer Rielle Hunter. Baron served as Edward's campaign finance
chairman in the senator's 2004 vice presidential bid.
Now, as plaintiff and consumer groups begin a major push to roll back limitations on personal-injury and class-action lawsuits,
Baron's legacy in toxic tort litigation could further flourish.
Democratic wins this Tuesday in both the Oval Office and Congress could
put these lobby groups, which raised $137 million for Democratic
candidates in 2004, in a better position to have their issues heard.
But even before the Edwards donnybrook, Baron didn't ingratiate himself
with those who feel mass tort litigation just lines the pockets of
plaintiff attorneys.
"Fred Baron was an innovator with respect to mass litigation," a spokesperson for the American Tort Reform Association told The Wall Street Journal law blog. "Whether that's a good thing, history will have to decide." - Carolyn Okomo
Comments
Tort enables many working and middle-class Americans to have access to a legal system they would not have had otherwise. You want a country without tort? Go to Mexico, where the likes of Cemex, Bimbo and Modelo treat Mexican citizens FAR worse than they do US customers. What impact has the absence of tort had on the Mexican economy? Over the past 26 years, its GDP/capita has grown at an annual clip of less than 1%.