jerome facher, lawyer who artfully won case for polluter, dies at 93

by Jillian Flatley 7 min read

Jerome Facher, a Boston lawyer who successfully defended a tannery accused of water pollution that plaintiffs linked to a cluster of childhood leukemia deaths — a case that became the basis of a best-selling book and a Hollywood movie — died on Sept. 19 at his home in Arlington, Mass. He was 93.

Jerome Facher, lawyer who won case for Woburn polluter, dies at 93. Jerome Facher, a lawyer who successfully defended a Woburn tannery accused of water pollution that plaintiffs linked to a cluster of childhood leukemia deaths — a case that became the basis of a best-selling book and a Hollywood movie — died on Sept.Oct 4, 2019

Full Answer

Who is Jerome Facher from a civil action?

Jerome Facher in 1998 on the set of the movie “A Civil Action.” He was the defense lawyer for Beatrice Foods in the widely publicized pollution case dramatized in the film, in which he was played by Robert Duvall.

What did Jerome Facher do to defend Beatrice Foods?

After children died from toxic water, he defended the conglomerate Beatrice Foods in a case that became the basis of the book and movie “A Civil Action.” Jerome Facher in 1998 on the set of the movie “A Civil Action.”

Why did John Facher go to Harvard Law School?

After enlisting in the Army, he enrolled in Harvard Law School, where he felt inadequate compared with his classmates, many of whom had been Ivy League undergraduates, Mr. Harr wrote. Mr. Facher, he added, “lived each day in fear that a professor would call on him.”

Who is the most formidable lawyer you ever went up against?

Mr. Schlichtmann, who subsequently became an environmental lawyer, recalled Mr. Facher as “fiercely devoted to his client” and “the most formidable lawyer I ever went up against.” “As infuriating and frustrating as it was,” Mr. Schlichtmann said in a phone interview, “it was a constant learning experience.”

Who was the lawyer who won the case for Woburn Polluter?

Jerome Facher, lawyer who won case for Woburn polluter, dies at 93. Jerome Facher in 1998 on the set of the movie "A Civil Action.". / David James/ Touchstone Pictures. Jerome Facher, a lawyer who successfully defended a Woburn tannery accused of water pollution that plaintiffs linked to a cluster of childhood leukemia deaths — a case ...

Who was the ferocious litigator?

Ferocious litigator. Mr. Facher (pronounced fasher) was on retainer to Beatrice, his biggest corporate client, which had recruited him because of his reputation as a ferocious litigator. By the early 1980s, he had tried some 60 cases and lost very few, The Times reported.

When was the Woburn case?

The case, recounted in Jonathan Harr’s book A Civil Action (1995) and in a 1998 film by the same name, centered on a liability suit filed in 1982 by eight families in Woburn.

Who tried to revive the case against Beatrice?

Armed with the new findings from the agency and other evidence, Schlichtmann tried to revive the case against Beatrice. He was unsuccessful. Schlichtmann, who subsequently became an environmental lawyer, recalled Mr. Facher as “fiercely devoted to his client” and “the most formidable lawyer I ever went up against.”.

What was Jerry's most lasting contribution to the firm?

Perhaps Jerry's most lasting contribution to the firm is the important role he played in its culture.

How old was Jerry when he passed away?

Jerry passed away at age 93. Jerry made an indelible impact on the people and places he touched—from his hometown Wilkes-Barre, Pennsylvania, where he excelled in sandlot baseball with his brother, Herbie; sold shoes to pay for college; and after a long, successful, and distinguished legal career, endowed a college scholarship for students ...

Who played Jerry in the movie?

An eponymous movie followed (shot in the Boston area) in which Robert Duvall played Jerry. Although some thought Duvall overdid Jerry as a quirky, frugal curmudgeon, Jerry was thrilled to be a part of the movie. Jerry was committed to improving our justice system.

Ferocious Litigator

  • Mr. Facher (pronounced fasher) was on retainer to Beatrice, his biggest corporate client, which had recruited him because of his reputation as a ferocious litigator. By the early 1980s, he had tried some 60 cases and lost very few, The Times reported. But Mr. Facher feared that Beatrice would be doomed in the Woburn litigation if the families testi...
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Kept Victims' Families from Testifying

  • He devised a maneuver to keep the victims’ families from testifying by focusing the first phase of the trial on a scientific question: whether any of the poisons had actually migrated from the tannery to city wells. He underscored the fact that the 15-acre tannery site was separated from the city wells by a river. He subjected one expert witness for the plaintiffs to six days of witherin…
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Demanding

  • Mr. Facher could be just as brutal out of the courtroom. In A Civil Action, Harr described him as “at once humble and self-effacing, but also tyrannical and demanding to his acolytes.” He recalled Mr. Facher writing in the margins of a brief drafted by a young lawyer, “Is English your first language?” and asking a student at Harvard, where he taught law: “What are you going to do next? Give up? …
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Background

  • Jerome Paul Facher was born on Dec. 9, 1925, in Wilkes-Barre, Pa., to Morris and Gussie (Levy) Facher. His mother owned a dress shop, and his father sold various sorts of merchandise — from pots and pans to encyclopedias — door to door. The younger Mr. Facher studied chemistry at Bucknell University Junior College (now Wilkes University), but transferred to what is now Penn …
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Random Legal Quirks

  • “By the end, A Civil Action shows that the compensation the Woburn families received was determined mainly by random legal quirks and the personalities of the lawyers and judges involved,” Gregg Easterbrook, a contributing editor at The Atlantic Monthly, wrote in The New York Times Book Review. “The book leaves one wondering,” Easterbrook asked: “Is this any way for s…
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