Trial Magazine

When men and women join the U.S. armed forces, they signal that they are willing to risk serious injury or death on behalf of their country. But servicemembers and veterans can be imperiled in many ways that are not so obvious. AAJ’s new research report, “Fighting for Those Who Fight for Us,” explores how current and former servicemembers face unscrupulous financial service practices, inadequate health care, and exposure to toxic chemicals. This is the latest in a series of reports from AAJ exploring how the civil justice system protects Americans from dangerous products and services.

Congress has recognized the particular circumstances that servicemembers and veterans deal with and has passed legislation to reduce the burdens on them and their families. However, many corporations still skirt laws such as the Military Lending Act and the ­Servicemembers Civil Relief Act. When this happens, trial attorneys are the last line of defense for the country’s first line of defense.

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), all employers must allow military personnel to return to their jobs following active duty. But some of them dodge this law through forced arbitration of employment disputes—with no right to trial by jury, no right to discovery, no legal precedents that must be followed, and no requirement that the arbitrator has any training.

As a result, those who have sworn to protect and support the U.S. Constitution must unwittingly relinquish their Seventh Amendment rights. This is why AAJ strongly supports the “Justice for Servicemembers Act” (H.R. 2631/S. 646) to allow servicemembers to enforce their USERRA rights.

A series of U.S. Supreme Court cases decided more than a half century ago have further restricted servicemembers’ rights. In Feres v. United States, the Court held that active-duty servicemembers who are injured or killed due to the negligence of others cannot hold ­wrongdoers accountable.

Under the Feres doctrine, many tort cases—including those involving medical negligence and sexual assault—have been dismissed or never even filed. Congress should act to overturn the Feres doctrine and give active-duty servicemembers the same legal rights afforded to civilians. AAJ hopes to make progress on this in the next Congress.

Even after returning to civilian life, veterans can find that the dangers they encountered in the military will continue to affect them. Exposure to toxic substances, including asbestos, Agent Orange, and chemicals released through open-air burn pits can lead to devastating illnesses, such as cancer, respiratory problems, and blood disorders.

Injured veterans have had to fight to learn what substances they were exposed to, as well as to receive adequate care and justice for their injuries. AAJ strongly opposes legislation in Congress that would restrict the ability of people injured by asbestos exposure to hold wrongdoers accountable.

To read more about how trial attorneys protect those who serve, please visit www.justice.org/servicemembers2018.

Mary Graffam is AAJ’s director of research. She can be reached at mary.graffam@justice.org. To contact AAJ Public Affairs, email advocacy@justice.org.