Vol. 54 No. 6

Trial Magazine

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Duty and Service

Kathleen Nastri June 2018

I have an uncle who was a naval aviator in Vietnam, another uncle who was the commanding officer of a submarine, a brother who flew helicopters in the first Gulf conflict, and two brothers-in-law who served in the Middle East—one in Iraq and one in Afghanistan. As you can imagine, I feel very strongly about the topic of this month’s issue of Trial.

The men and women who serve in the U.S. armed forces risk their lives to defend our country and our rights. Servicemembers and veterans who are injured or whose rights have been restricted need someone to stand up for them. This issue of Trial focuses on how trial lawyers can help protect those who serve—through ­advocacy, litigation, and by raising public awareness of the issues that negatively affect them.

Because of their working conditions and the military’s wide use of products containing asbestos, some servicemembers and veterans have been placed at high risk of asbestos exposure. AAJ fights to improve transparency and accountability related to the use of asbestos and to obtain justice for those harmed by it.

In the first quarter of 2018 alone, AAJ’s State Affairs team assisted 12 state trial lawyer associations that were opposing harmful asbestos-related legislation. These bills would impose unjustified procedural barriers and bottlenecks that would delay—or even prevent— veterans from filing a claim, making it impossible for them to receive a full recovery. These bills are one-sided assaults on veterans’ constitutional right to trial by jury.

At the federal level, Congress has tried repeatedly to limit asbestos victims’ rights through iterations of the “Furthering Asbestos Claim Transparency (FACT) Act.” The House of Representatives introduced asbestos legislation again in 2017, which was rolled into a larger class action bill (H.R. 985) and eventually passed. The bill includes language forcing asbestos liability trusts to make public highly sensitive personal information about asbestos claimants that could affect their ability to pursue claims in state court.

In 2018, the Senate introduced the “PROTECT Asbestos Victims Act” (S. 2564). AAJ’s Public Affairs team is hard at work evaluating the impact this proposed legislation will have on veterans and others.

In this issue of Trial, learn more about other issues affecting servicemembers, such as ensuring veterans with ­post-traumatic stress disorder can access disability benefits (p. 20) and navigating the Federal Tort Claims Act (p.26). You can also read about the fight to protect servicemembers from forced arbitration and restore their ability to enforce their rights under the Uniformed Services Employment and Reemployment Rights Act (p. 36).

AAJ also recently released a new research report, “Fighting for Those Who Fight for Us,” examining how trial lawyers can aid ­servicemembers and veterans who are exploited by unscrupulous actors and denied legal rights afforded to civilians. The report is available at www.justice.org/servicemembers2018.

As AAJ members, we can act right now to help protect those who serve. Read and share the new research report to educate yourself, your colleagues, and the public on these important issues. Use your voice and AAJ resources to advocate for policies that prioritize the well-being of servicemembers, veterans, and others over the interests of corporations. The AAJ Minority Caucus Lobby Days, from June 6–7 in Washington, D.C., is a perfect opportunity to do just that. To learn more, visit www.justice.org/mclobbyday.

We owe a great debt to the brave men and women who safeguard us and our constitutional rights. We have a duty to use our skills as trial lawyers to fight for justice for them and their loved ones.


Kathleen Nastri is an attorney at Koskoff, Koskoff & Bieder in Bridgeport, Conn. She can be reached at kathleen.nastri@justice.org.