Dec 20, 2024
Washington Update December 2024
In these final days of 2024, there is plenty happening—and not just in Congress, where they are scrambling to finalize "must-pass" legislation.
New Rules
There are several new federal rules that went into effect on December 1, including new Rule 107 on Illustrative Aids. Only Maine has a rule on illustrative aids, so anticipate that more states will use the federal rule as a model to follow. You can access the list of new rules on AAJ’s website.
AAJ closely monitors proposed amendments to the rules and the impact of possible changes on trial lawyers and their clients. When changes to the federal rules are advanced by defense interests, AAJ ensures that plaintiff attorneys are represented by advocating for rules that are fair and balanced. AAJ also works with plaintiff attorney members to identify rules that should be amended to better promote justice, ensure fairness, and improve efficiency.
Updated Insurance Minimums Report
AAJ Research has updated its original report that analyzed auto insurance cost data from 2007 – 2021 and found the average cost of auto insurance in states that raise their minimum levels of insurance increases at a lower rate than the country as a whole over the equivalent periods.
The updated report, Raising Auto Insurance Minimums: December 2024 Update, includes an analysis of 2022 data and finds this trend continued.
AAJ’s State Affairs and Research teams are working to assist State Trial Lawyer Associations (TLAs) that want to advocate for raising outdated auto insurance minimums to reflect current auto and medical costs. This report provides important data to help them inform lawmakers who can pass these increased minimums.
Almost all AAJ and state TLA members handle auto crash cases. AAJ’s research—and Federal Rules Program—are part of a multifaceted, strategic approach to protecting trial lawyers’ practices and their clients’ cases.
Public Education
AAJ Communications continues its work to expand access to justice through its online grassroots campaign, Take Justice Back. This team works to hold powerful corporations accountable by highlighting the stories of members’ clients, educating policymakers and stakeholders, and working with the media to promote how trial lawyers make a difference. Issues recently covered include:
• A gender discrimination suit against Disney (AAJ President Lori Andrus’s firm Andrus Anderson represented the plaintiffs)
• A 9th circuit case on whether Section 230 of the 1996 Communications Decency Act Shields Grindr From Defective Design Claims (AAJ filed an amicus brief in this case)
• Forced arbitration as a tactic to silence employees (an op-ed by AAJ President Lori Andrus, featured in The Hill)
Additionally, we are pleased to have been featured in the podcast debut of Raising the Bar, from RebuttalPR. I chatted with the founder Ray DeLorenzi about the crucial role trial lawyers play in safeguarding civil justice and the challenges and opportunities trial lawyers face in shaping the judiciary and advancing civil justice reform. Listen on Apple, Spotify, and YouTube.
Amicus Curiae Update
In 2024, AAJ filed 24 amicus curiae briefs in state and federal courts across the country. 7 of those briefs were filed in state supreme courts (29%), 11 were filed in federal circuit courts of appeals (46%), and 6 were filed in the U.S. Supreme Court (25%). 42% of all briefs were filed jointly with co-amici organizations, including state trial lawyer associations and national organizations such as Public Justice, the National Women’s Law Center, and the National Employment Lawyers Association.
Throughout the year, AAJ filed amicus briefs in a wide variety of practice areas, from products liability or medical malpractice claims to child sex abuse or workers’ rights actions. These briefs addressed 14 different issues affecting plaintiffs’ access to justice and the right to trial by jury, including issues related to forced arbitration, Section 230 immunity, expert testimony admissibility, damages caps, and class certification requirements.
All AAJ amicus curiae briefs are available on AAJ’s website. For more information or to request AAJ amicus support, please email Legal Affairs.
End-of-Year Advocacy
As of the time of this publication, it is unclear whether or when Congress will pass a continuing resolution (CR) to fund the government on a short-term basis. We are working diligently to prevent any preemption language from being added to the CR that would undermine your clients’ current and future cases as negotiations continue in earnest.
Looking Ahead
I am grateful for the partnership between AAJ and the TLAs. Together, in 2025 and beyond, let’s continue our work to protect injured patients, workers, and consumers and ensure that your clients get a fair shot in the courts throughout the country.
CONTACT AAJ Advocacy Email: advocacy@justice.org
The American Association for Justice is a nonprofit association of lawyers who represent the interests of plaintiffs. The AAJ advocates for fair access to the civil court system. The AAJ strives to promote a fair and effective justice system and support attorneys in their efforts to ensure that persons injured by the misconduct or negligence of others can obtain justice. Attorneys represent those in personal injury cases and other civil matters.