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David F. Maron

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David F. Maron, shareholder in the Jackson office, concentrates his practice defending commercial, product liability and consumer fraud disputes.

Featured Experience

Defending major pharmaceutical and consumer product companies in Attorney General suits brought under state consumer protection statutes.

Defending  consumer fraud mass litigation and parens patriae pharmaceutical and personal care products litigation involving significant legal issues including due process, federal preemption, and primary jurisdiction.

Managed and coordinated joint defense discovery, motion practice and litigation strategies as local coordinating counsel and court-appointed defense liaison counsel in In re: Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation, a state coordinated master action with more than 50 pharmaceutical manufacturer defendants.

Professional Biography

Overview

Mr. Maron's practice is focused on litigating business and commercial disputes for pharmaceutical manufacturers, insurance companies and other businesses before U.S. federal and state courts and regulatory agencies. Mr. Maron has defended clients in government-initiated consumer protection, consumer fraud and government regulatory actions. He has experience managing mass tort litigation and has represented numerous business entities in other commercial matters including agricultural (finance and MPCI, multiple peril crop insurance), and product liability.

Mr. Maron regularly writes and has given presentations on various civil justice and litigation-related topics. He has also authored and co-authored amicus briefs before the Mississippi Supreme Court in support of Mississippi's statutory cap on non-economic damages and related litigation reforms.

Mr. Maron is recent past president of the Capital Area Bar Association, the state's largest volunteer bar association, and he remains active in various national and local bar association activities, including pro-bono initiatives. He has been recognized for his pro-bono service by the Mississippi Center for Justice, as well as by the Firm, receiving its Firm-wide pro-bono award in 2007.

Representative Matters
  • Defending major pharmaceutical and consumer product companies in Attorney General suits brought under state consumer protection statutes.

  • Representing national retail pharmacies in State Medicaid litigation involving pharmacy discount programs and impact on usual-and-customary pricing.

  • Defending  consumer fraud mass litigation and parens patriae pharmaceutical and personal care products litigation involving significant legal issues including due process, federal preemption, and primary jurisdiction.

  • Defense of pharmaceutical manufacturers in actions brought by or on behalf of state Medicaid agencies alleging that prescription drug manufacturers reported inaccurate pricing benchmarks in violation of state fraud, consumer protection and Medicaid fraud control laws.

  • Represented a global insurance company regarding a subsidiary's contested regulatory and residual insurance market challenges under state and federal laws.

  • Managed and coordinated joint defense discovery, motion practice and litigation strategies as local coordinating counsel and court-appointed defense liaison counsel in In re: Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation, a state coordinated master action with more than 50 pharmaceutical manufacturer defendants.

  • Represented the Mississippi Insurance Department in a contested $1.6 billion corporate restructuring of Mississippi's largest property and casualty insurer under Mississippi insurance holding company and change of control statutes.
  • Achieved the complete dismissal of more than 200 multi-plaintiff cases involving thousands of individual claims on behalf of a construction aggregate defendant in Mississippi silica toxic tort mass action litigation, which involved aggressive motion practice, extensive direct and third party discovery and coordination with industry experts.

  • Represented manufacturers in state and federal court in Mississippi tobacco product liability litigation involving both mass actions and individual claims, as well as attorney general-initiated litigation, coordinating joint defense discovery and motion practice.

  • Served as trial and co-appellate counsel for defendants in toxic tort industrial exposure successfully challenged improper joinder of plaintiffs in recognized "Judicial Hellhole" jurisdiction. 3M Co. v. Glass, 917 So. 2d 90 (Miss. 2005).

  • Favorably resolved a multimillion dollar dispute involving aseptic manufacturing of a biopharmaceutical product on behalf of a pharmaceutical company.
Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America® in the areas of Insurance Law (2013 – 2018); Commercial Litigation (2015 – 2018); Product Liability Litigation - Defendants (2015 – 2018); Mass Tort Litigation/Class Actions - Defendants (2016 – 2018); Consumer Law (2018)
  • Member – International Association of Defense Counsel (IADC), an invitation-only membership comprised of the world's leading corporate and insurance lawyers and insurance executives
  • DRI (Drug & Medical Device Committee; Product Liability Committee; Toxic Torts and Environmental Law Committee; Professionalism and Ethics Committee)
  • Member – Mississippi Bar Association (Chair, Annual Meeting CLE Committee 2013 – 2015; Bench Bar Committee, 2016 – present; ABA YLD District Representative, 2004 – 2006)
  • President – Capitol Area Bar Association (2012 – 2013) 
  • Member – American Bar Association (Tort Trial & Insurance Practice Section, Litigation Section, Toxic Torts and Environmental Law Committee, TIPS Leadership Academy, 2008 – 2009)
  • President – Federal Bar Association, Mississippi Chapter (2004 – 2005)
  • President – Jackson Young Lawyers Association (2001 – 2002)
  • Fellow of the American Bar Foundation
  • Fellow of the Young Lawyers Division of the American Bar Association
  • Fellow of the Mississippi Bar Association, Young Lawyers Division   
  • American Inns of Court, Judge Charles Clark Inn, Bencher (2011 – present)
  • Baker Donelson Firm-wide Pro Bono Attorney of the Year (2007)
  • 2006 Mississippi Business Journal, Top 40 Under 40
  • 2005 Mississippi Center for Justice pro bono award for Exemplary Pro Bono Service in the Wake of Hurricane Katrina
  • Mississippi Bar, Outstanding Young Lawyer of Mississippi (2005 – 2006)
  • Jackson Young Lawyers Association Outstanding Service Award (1997 – 1998, 2002 – 2003)  
  • Named to PORTICO Magazine's "Portico 10" (2012), recognizing ten up-and-coming attorneys in the Jackson Metro area for accomplishments in practice of law, notable cases, community involvement, education and special awards received
  • Trustee – Board of Leadership Greater Jackson (2006 – 2009, Class of 2000 – 2001)
  • Trustee – Habitat for Humanity Mississippi Capital Area (Advisory Board, 2012 – present)
Publications
  • Co-author – "A Decade Examined: A Review of the Recovery Under Mississippi's Civil Justice Reforms," 34 Mississippi College Law Review 203 (2015)
  • "Statutory Damage Caps: Analysis of the Scope of Right to Jury Trial and the Constitutionality of Mississippi Statutory Damage Caps on Noneconomic Damages," 32 Mississippi College Law Review 109 (2013)
  • "Litigation: 5th Circuit to rule on constitutionality of Mississippi's cap on noneconomic damages," InsideCounsel (November 2012)
  • "A Good Lawyer & The Golden Rule," ethics and professionalism, The Mississippi Lawyer, Volume 58 (Summer 2012)
Speaking Engagements
  • Presenter – "The Courageous Lawyer: Representing the Unpopular Cause or Client," ethics and professionalism, American Inns of Court, The Honorable Charles Clark Inn. (September 2016)
  • Panelist – "Ten Years Later: The Effects of Tort Reform in Mississippi," Legal Symposium, Mississippi College School of Law (March 2015)

Awards

Education

  • University of Mississippi School of Law, J.D., 1995, cum laude
    • Associate Editor – MISSISSIPPI LAW JOURNAL
  • Mississippi College, B.S., 1992, with high honors and special distinction
    • Scholar Athlete of the Year, 1992 

Admissions

  • Mississippi, 1995
  • United States Supreme Court
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Northern and Southern Districts of Mississippi  
  • United States Tax Court

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