Washington Update March 2025

Many AAJ members have asked how to help federal employees whose jobs have been terminated by the Trump Administration. AAJ is monitoring the litigation surrounding these terminations and is providing updates on resources and training webinars on our Trial Lawyers Care landing page.

AAJ will work with association members handling these cases and collect relevant orders, links to information from other leading organizations, recordings and materials from past webinars, a schedule of upcoming webinars, and more.

Insurance Industry’s Record Profits
According to AM Best, in 2024, the property casualty insurance industry earned $170 billion, a 91% increase from last year. These profits broke previous records despite approximately $100 billion in catastrophe losses.

These record profits were made in a year in which insurers raised homeowners' insurance by double digits and raised auto insurance rates by an average of 26%—with some states seeing increases of more than 40%.
 
We are focused on preventing the industry from passing harmful legislation that would diminish policyholders’ rights.
 
Lobby Days
AAJ will host two lobby day events this spring for the Republican Trial Lawyers Caucus on April 8-9 and the Women Trial Lawyers Caucus on June 4 – 5.

No lobbying experience is necessary. Participants will be briefed on significant legislative issues and learn helpful lobbying tips. Lobby days are an important component of our association’s advocacy program, as they allow trial lawyers to share client stories with their representatives in Congress.
 
Student Trial Advocacy Competition
Another aspect of our advocacy is our outreach to law students. Each spring, AAJ’s Law Schools Committee members help us organize a massive mock trial competition, the Student Trial Advocacy Competition (STAC). This year 162 teams competed in the opening rounds held on March 6-9. More than 1,000 volunteers signed up to fill judging slots in 10 regions across four time zones.
 
The STAC National Finals will be held in Atlanta from April 3 to 6. I encourage all trial lawyers to volunteer for this outstanding event. The talent you will witness will be exceptional.
 
Industries Push for Tort Reform

Electrical Utilities
 
All but four states are in legislative session. Among the many issues AAJ State Affairs is tracking is wildfire liability immunity for electrical utilities. Despite the fact that California residents are grappling with the devastation of the January fires, industries are turning to state legislatures to enact tort reform.

Their efforts focus on limiting liability for damages resulting from utility-caused fires, changing the way damages are calculated, and imposing caps on damages. Wyoming enacted legislation that would raise the standard from negligence to gross negligence or failure to "substantially comply" with a state-approved wildfire mitigation plan. Similar legislation has advanced from one legislative chamber to the other in Arizona, Hawaii, Kansas, and Montana.
 
Pesticide Industry
 
Last Congress, the pesticide industry lobbied for immunity for all harm related to any pesticide. AAJ worked tirelessly to help defeat these efforts. We will continue our work this year to combat pesticide industry activities at the federal and state levels.
 
We are currently monitoring bills that have been introduced in several states, and we expect a dozen more to be introduced. In Congress, we are fighting pesticide preemption in multiple bills. In addition, several Republican Attorneys General have petitioned the EPA to preempt state and local pesticide laws.
 
Legal Affairs: Federal Rules Update
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.
 
•On March 11, AAJ filed a comment urging the Committee on Rules of Practice and Procedure to reconsider its (essentially non-proactive) position on privacy. Last year, AAJ filed a comment with the National Crime Victim Bar Association urging the use of pseudonyms to protect minors. The new March comment urges the full redaction of SSNs, which we previously urged during the debate on Social Security Supplemental Rules, but was not included at the time and now needs to be revisited. Both the last four digits of the SSN and minors’ initials are part of FRCP 5.2.
 
•The comment period on FRAP 29, Brief of an Amicus Curie, closed on February 17 with 676 comments on the docket. AAJ and many defense-side organizations oppose the proposed removal of filing by party consent and urged the Advisory Committee on Appellate Rules to reconsider its proposal, stating that it could lead to motion practice. Tad Thomas, past president of AAJ, testified at the public hearing to urge that amicus briefs filings in federal court remain as easy as possible for parties and the courts.
 
•AAJ welcomed members of the Advisory Committee on Civil Rules to a meeting in February to discuss a possible rule change on remote testimony that would make it easier for witnesses to appear from a remote location when live testimony is not possible.
 
The Advisory Committees on Civil Rules and Appellate Rules will hold spring meetings on April 1 and 2 in Atlanta to discuss revisions.
 
Your ongoing support makes our work in these critical areas possible. Our goal is to provide advocacy for lawyers’ practices and their clients’ rights while also supporting lawyers with tools to enhance their practices and succeed for their clients. AAJ will continue to fight for access to justice for your clients and will keep you informed on important developments.
 
I welcome your input.


CONTACT AAJ Advocacy Email: advocacy@justice.org