Washington Update May 2025

Tensions are running high in Washington, D.C., while lawmakers search for consensus on budget legislation.

AAJ is closely monitoring attempts by lawmakers to add tort "reform" language into the process. There is a proposal to stop the regulation of artificial intelligence (AI) for 10 years. This proposal would preempt existing federal and state laws or regulations that protect consumers from harmful AI technologies. AAJ is fighting to remove this provision and has issued a press release. The House budget bill also contains a limitation on the liability of brokers and shippers in trucking cases. AAJ strongly opposed this provision in the House and will also do so in the Senate.
 
Telling Your Clients’ Stories
So much of advocating for change and fighting harmful legislation hinges on the power of authentic stories involving trial lawyers’ clients. When trial lawyers meet with lawmakers and tell their clients’ stories, they can demonstrate positive outcomes or the inability to hold powerful industries accountable, and it can make a profound difference.
 
AAJ will host its Women Trial Lawyers Caucus on June 4 – 5 in Washington, D.C. All trial lawyers (members and nonmembers) are invited. Our public affairs staff will provide training on our issues and tips for speaking with members of Congress. I’d love for you to join us. This is an incredible opportunity to rally with your colleagues and lift up your clients’ voices.
 
Fighting Preemption
Preemption is a persistent problem. The pesticide industry continues to lobby for immunity from all harm related to any pesticide. AAJ is working tirelessly to help defeat these attempts. We will continue our fight to combat pesticide industry efforts at the federal and state levels.
 
This year, the pesticide lobby targeted 21 states, and bills were introduced in 12. As of May 17, nine states had killed the bill (Florida, Idaho, Iowa, Mississippi, Missouri, Montana, Oklahoma, Tennessee, and Wyoming). Two states enacted the legislation—North Dakota (effective August 1, 2025) and Georgia (effective January 1, 2026).
 
This has been an enormous battle. We appreciate the efforts of state associations to engage and fight these provisions. As of this writing, North Carolina is the only active state where the legislation is live. There has been strong testimony against the bill in the NC Senate Rules Committee.
 
Kids Online Safety
On May 14, Senators Blackburn and Blumenthal reintroduced bipartisan legislation to protect children and teens online. AAJ will continue its advocacy for legislation to stop powerful social media companies and digital platforms from avoiding responsibility for massive, systemic harm caused by dangerously designed social media products.
 
I encourage you to watch and share a new video that is available on AAJ’s online grassroots campaign, Take Justice Back. The video demonstrates how Section 230 of the Communications Decency Act shields Big Tech from accountability. We’ve also posted a video on this topic featuring AAJ’s President, Lori Andrus, on Instagram, X (formerly Twitter), and Facebook.
 
Third-Party Litigation Funding
Federal and state legislation requiring the disclosure to defense counsel of plaintiffs’ and attorneys’ third-party litigation financing (TPLF) agreements is a top priority of the U.S. Chamber of Commerce and its allies this year.
 
Legislation addressing the disclosure of TPLF agreements has been introduced in 23 states. Georgia, Kansas, and Oklahoma join Indiana, Louisiana, Montana, West Virginia, and Wisconsin in requiring some level of disclosure, varying as to whom disclosure is directed and under what circumstances.
 
In Congress, Representative Issa (R-CA) reintroduced H.R. 1109, the Litigation Transparency Act of 2025. Last Congress, Senator Kennedy introduced S.2805, the Protecting Our Courts from Foreign Manipulation Act of 2023.
 
Legal Affairs
AAJ’s amicus curiae briefs help to ensure that access to justice is rigorously defended in courts nationwide. In the first 16 weeks of the year, AAJ filed 12 amicus briefs. More information on AAJ’s amicus curiae program is available on our website, including links to AAJ’s briefs. For more information or to request AAJ amicus support, please  email legal affairs.
 
AAJ also advocates for fair and balanced federal rules to ensure that plaintiff attorneys are represented.
 
The proposed amendments to FRAP 29—Brief of an Amicus Curiae—have been fixed. The Advisory Committee on Appellate Rules substantially changed its proposed rule based on comments from both the plaintiff and defense bars. In a rare showing of agreement, they favored the proposed rule. The Advisory Committee eliminated party consent for filing a brief from the rule. The revisions ensure that parties will not have to engage in motion practice to get an amicus brief filed. Other provisions, including the disclosure requirements, were also substantially revised. This rule is headed to the Standing Committee for approval on June 10.
 
If you have questions, email Sue Steinman or Kaiya Lyons, or see our Federal Rules page and Rules Tracker.
 
Rule of Law
When AAJ’s Board met on May 1, it passed an amended resolution supporting the rule of law. It is crucial for us to have a unified voice and be the firewall against any attacks on the legal profession, attempts to penalize or threaten lawyers and law firms for representing specific clients, efforts to impeach judges, and threats to judges whose decisions do not align with particular political interests.
 
Let’s continue to work together to preserve the rule of law and expand awareness about the tremendous work trial lawyers do on behalf of injured workers, patients, and consumers. Your involvement makes AAJ and trial lawyer associations nationwide a connected, valuable community and resource for trial lawyers. Thank you for all you do.
 
If you have questions or feedback,  please contact me.

CONTACT AAJ Advocacy Email: advocacy@justice.org