At this time, perhaps more than ever, with the federal government slashing programs intended to protect the public, trial lawyers must continue to provide a safety net. AAJ and the state associations must continue working in partnership to address the challenges we face.

The continued attacks on the judiciary and lawyers undermine the rule of law and our Constitution. AAJ’s latest response statement can be found in our Press Center.

In addition, on May 1, AAJ’s Board amended its Resolution in Support of the Rule of Law. AAJ posts these statements and other actions on our social media platforms. I encourage you to follow us and share the content so that we can amplify our procivil justice messages. We are on LinkedIn, X (formerly Twitter), Instagram, and Facebook.

Partnering with State Associations AAJ’s State Affairs department is ready and eager to partner with state trial lawyer associations (TLA) on their legislative work.

Mississippi was one of 12 states targeted by Bayer for its pesticide immunity legislation in the 2025 sessions. AAJ State Affairs and staff, leaders, and lobbyists for these TLAs collaborated in opposition to Bayer—including many late nights and phone calls with your association President Tripp Segars. I am thrilled to report that Mississippi’s early victory in defeating this legislation helped pave the way for other states to follow.

That effort is an example of how AAJ partners with TLAs to help states in their lobbying efforts. To do this, State Affairs tracks approximately 1,500 bills each year on about 100 issues. So far this year, the State Affairs team handled 300 requests from the TLAs in 49 states and the District of Columbia.

AAJ not only can support you with every legislative challenge in your state, but also fights legislative battles nationwide on your behalf. AAJ State Affairs focuses on enabling members in each state to thrive locally because we monitor nationally.

First, AAJ State Affairs collaborates closely with your individual state association team to address whatever challenges you face. AAJ will provide legal analysis, research, comparative reporting, and more. This coverage ensures you have the backup you need to succeed.

Second, AAJ’s State Affairs Department partners with every state trial lawyer association to provide the same level of support. We are the only national plaintiffs’ organization actively tracking and combating harmful state legislation nationwide that could impact your practice.

Bayer’s Bigger Plans

In addition to pursuing immunity through state legislatures, Bayer is seeking relief from the United States Supreme Court, Congress, and the Environmental Protection Agency. Bayer has filed petitions for review with the Supreme Court arguing for federal preemption of state failure-to-warn claims. In Congress, Bayer is advocating for the passage of immunity language, including as part of the farm bill. Before the Environmental Protection Agency, Bayer filed a comment supporting a petition for rulemaking to restrict state labeling requirements of pesticides.

At Bayer’s annual stockholder meeting in April, the Chief Executive Officer announced a goal of “significantly containing litigation by the end of 2026.” Shareholders voted to authorize raising approximately $9 billion in capital, “in view of potential future settlements with plaintiffs in the United States, or in connection with measures to substantially contain litigations in the United States.”

Our Pesticide Video

Through AAJ’s online grassroots campaign Take Justice Back, AAJ released a video to raise public awareness and drive the conversation about pesticides and corporate immunity on X, 10 Voir Dire Summer 2025 Facebook, and Instagram.

Share this content with your contacts and followers on social media and “like” or comment on the videos. Follow Take Justice Back to get the word out. No one wants their rights taken away!

Take Justice Back will continue to release videos focused on holding wrongdoers accountable. We also have one about the need to hold Big Tech accountable for social media products that cause massive, systemic harm. View these on X,Facebook, and Instagram.

New Tort “Reform” Campaigns

A new group called Protecting American Consumers Together (PACT) launched earlier this year. PACT announced that it intends to spend more than $10 million this year to protect consumers from “exploitative practices by a predatory personal injury system.” To do this, they have targeted several states, including California, Florida, Georgia, and Texas, and have recently started running ads in Louisiana, New York, and New Jersey.

The Atlanta JournalConstitution reported that PACT has received funding from Uber. If you know of PACT operating in your state, contact AAJ’s State Affairs Director.

Comments Filed at FDA

AAJ filed comments on March 27 in response to the Food and Drug Administration’s (FDA) proposed rule: Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products. AAJ largely supports the steps the FDA is taking in this proposed rule to strengthen protections for American consumers.

The rule sets out to update testing methods and definitions of elongated mineral particles. The FDA’s proposed new testing methods align with those endorsed in 2021 by the Interagency Working Group on Asbestos in Consumer Products (IWGACP), in which AAJ was a participating member. Though the rule does not adopt the IWGACP definitions of elongated mineral particles, it improves upon outdated previously used definitions.

We urged the FDA to correct the inconsistency in the definition of asbestos to prevent products from being misbranded and marketed as asbestos-free. In recent years, reports of Americans hurt or killed by dangerous cosmetic products have increased, and 70% of children under 12 have started using cosmetic products. The FDA’s work to protect American consumers from asbestos and other dangerous ingredients in their cosmetic products is critical.

Amicus Curiae Update

AAJ’s Legal Affairs program covers many practice areas, helping develop good law in courts nationwide by filing amicus curiae briefs on issues that impact your practice and your clients’ rights. Issues addressed include forced arbitration, damages caps, class certification, personal jurisdiction, statutes of limitation, and federal preemption, just to name a few.

Last year, AAJ filed 24 amicus briefs in 15 different state and federal appeals courts. In 2025, we have already filed 12 briefs from January through April. On average, one-third of all AAJ amicus briefs are filed jointly with state TLAs because, as trial lawyers, we aim to speak with one voice when we advocate for increased access to justice and the right to trial by jury.

In April, the Supreme Court of the United States (SCOTUS) handed down a favorable decision for a truck driver who filed a civil RICO claim against a company that marketed CBD products containing no THC after he was fired for failing a drug test. Medical Marijuana, Inc. v. Horn (No. 23-365). AAJ filed an amicus brief in support of Horn last fall, urging the Court to hold that the plain language of the statute’s “business or property injury” requirement necessarily includes damages stemming from Horn’s personal injury, including loss of employment. The brief was authored by Robert S. Peck of the Center for Constitutional Litigation, PC. On April 2, Justice Barrett delivered the opinion of the Court, which voted 5-4 to hold that a civil RICO plaintiff may recover for harm to business or property even if that harm resulted from a personal injury.

On April 17, SCOTUS handed down a unanimous decision for the plaintiffs in Cunningham v. Cornell University, finding that the Second Circuit should have allowed a class action brought by Cornell University workers under the Employee Retirement Income Security Act of 1974 (ERISA) to proceed. AAJ filed an amicus brief in support of the petitioner, arguing that the Court has never Voir Dire Summer 2025 11 insisted upon specialized pleading requirements on plaintiffs in cases like this one—and should not devise new ones now in what would amount to judicial amendment of ERISA’s text.

For more information or to request AAJ amicus support, please email legal affairs.

Federal Rules Update

AAJ advocates for fair and balanced rules to ensure that plaintiff attorneys are represented.

After a six-month public comment period, the proposed amendments to FRAP 29—Brief of an Amicus Curiae—have been fixed. The Advisory Committee on Appellate Rules made substantial changes to its proposed rule based on comments it received from both the plaintiff and defense bars, which, in a rare showing of agreement, favored the proposed rule. The proposal to eliminate party consent for filing a brief was removed 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.

Uniting for Justice

Working together has never been more critical. At a time when civil justice issues are under intense scrutiny in state legislatures, Congress, and the courts, we must continue to inform consumers nationwide of the value of their rights, what’s at stake if corporate interests destroy those rights, and the unique role of trial lawyers who fight for justice for their clients.

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