HON. FRANK J. GUARINI
Of New Jersey
in the House of Representatives
Tuesday, April 27, 1982
Mr. GUARNIN. Mr. Speaker, I have the privilege of calling to the attention of my colleagues in the House of Representatives, the story of a remarkable man and the tribute paid him by his two sons.
Nathan Baker has practiced law in Hoboken, NJ, for 55 years and founded the law firm of Baker, Pedersen & Robbins. Historically, Hoboken has been the introduction to America for many immigrants who sought refuge in the land. Hoboken's piers along the Hudson River, with their spectacular view of Manhattan's prosperous skyscrapers, have long been a center of commerce for the eastern seaboard. It was here that many of these immigrants settled their families and found work as longshoremen, seamen, and industrial workers.
As the son of a Polish immigrant, Nathan Baker had empathy for the problems of new Americans, and the workers and their families---Italians, Germans, Irish, Jews, and Yugoslavs---grew to trust him and to rely on his judgment. From the window of his office, he surveyed the bustling waterfront scene.
As his expertise grew, so grew the national implications of his work. Nathan Baker has become a renowned expert in admiralty law and a leading advocate for the rights of seamen and longshoremen. He has been a progressive force in the development of maritime personal injury claims and has a perfect record for advocacy before the U.S. Supreme Court. His major litigation has included:
First, The M/V "Tungus" v. Skovaard, 358 U.S. 588 (1959), analyzed the relationship between maritime law and local law in maritime wrongful death cases occurring in the navigable waters of the State and held that the New Jersey Wrongful Death Act encompassed an action for death caused by the unseaworthiness of a vessel.
Second, United New York and New Jersey Sandy Hook Pilots Association v. Halecki, 358 U.S. 613 (1959), reviewed the applicability of the New Jersey Wrongful Death Act upon acts of negligence by the owners of a vessel.
Third, Schulz v. Pennsylvania Railroad Company, 350 U.S. 523 (1956), evaluated a seaman's rights under the Jones Act to enforce a seventh amendment right of trial by jury.
Fourth, Czaplicki v. The S. S. "Hoegh Silvercloud," 351 U.S. 525 (1956), examined the administration of the Longshoremen's and Harbor Workers' Compensation Act and a longshoreman's right to enforce a third party actin.
Mr. Baker's eclectic interest in personal injury litigation has extended to all areas of tort law and he has been a major force in the development of products liability law. His significant negligence cases include:
First, Henningsen v. Bloomfield Motors, 32 New Jersey 358 (1969) revolutionized the law of negligence in the United States and held that the manufacturer of an automobile is charged with an implied warranty of merchantability that the vehicle is fit for its intended use.
Second, Cintrone v. Hertz Truck Leasing, 45 New Jersey 434 (1965), extended the implied warranty to leased vehicles and held that the lessors of rented vehicles are charged with strict liability in tort.
Third, Gluckoff v. Pine Lake Beach Club, 78 New Jersey Super. 8 (Appellate Division 1963), evaluated the pecuniary loss provision of the New Jersey Wrongful Death Act for the death of a teenager of exceptional intelligence.
Fourth, Ellis v. Caprice, 96 New Jersey Super. 539 (Appellate Division 1967), refined the doctrine of proximate cause.
Fifth, O'Brien v. Bethlehem Steel Company, 59 New Jersey 115 (1971), advocated a judicial imposition of the doctrine of comparative negligence and resulted in the adoption of New Jersey's Comparative Negligence Act.
Nathan Baker is a strong supporter of trial advocacy and has lectured widely on the trail practice as well as substantive maritime and negligence law. He is a member and former governor of the Association of Trail Lawyers of America, the Maritime Law Association of the United States, the New Jersey Bar Association, and the New York Bar Association.
In honor of this fine man, his sons Robert and Gerald have established the Nathan Baker Professorship of Law at Yale University. This perpetual chair will encourage the teaching of trial advocacy and will incorporate Mr. Baker's beliefs that competent trail counsels form the foundation of our system of justice and are the spokesmen for the democratic process.
Nathan Baker is proud of his two sons who have chosen to honor him with this professorship. Robert Baker graduated from Yale University in 1956 and Yale Law School in 1959. He was appointed to the New York Dormitory Commission by then Governor Nelson Rockefeller, and was chairman of President Gerald Ford's reelection campaign in New York State. Gerald Baker graduated from Cornell University in 1964 and Yale Law School in 1967. He is president-elect of the Hudson County (New Jersey) Bar Association and a member of the board of directors of the New York Association of New Americans. The careers of both Bob and Jerry demonstrate that education remains an important value to the Baker family and that professional diligence and community commitment are strong family traits.
Nathan Baker's lovely wife Sylvia, is the jewel of this family. They met while she was working as the secretary of the famous Eddie Cantor and they recently celebrated their 50th wedding anniversary. Sylvia was the strength behind Nathan and provided stability at home. She added breadth to his life and spread her love throughout the family.
Nathan Baker is now a robust 76 years of age and is still devoted to justice. His legacies will be many: His law office which continues to represent longshoremen and seamen and other persons injured in accidents; his important contributions to the development of the law in the fields of negligence and admiralty; and, of course, the chair at Yale which will bear his name in perpetuity and will reflect his devotion to the people and the profession. I join his family, the members of the legal profession, his clients and the trustees of Yale University in honoring his accomplishments by founding the Nathan Baker Professorship of Law at Yale University.
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