Trial Magazine

The Framers of the U.S. Constitution used the words “establish Justice” immediately following the formation of “a more perfect Union.” The importance of the rule of law was the first thing mentioned in the preamble of the Constitution because a strong legal system would preserve citizens’ rights and justice would be the enduring legacy of our democracy.

Our entire justice system has been under attack like never before, and what we do to protect the public has never been more important. Without AAJ, the future of our civil justice system would be in peril. As president this past year, I have had the honor to see firsthand how hard AAJ staff and leadership work to protect our practices and our clients. Working together to fight for justice has been the greatest honor of my life.

At the start of my presidency, I ­highlighted the importance of the 2018 midterm elections and urged you to step up. I am so thankful that you heeded the call and did so in unprecedented ways. With your help through AAJ’s Civil Justice Majority Makers initiative, many pro-civil-justice candidates were elected to the U.S. House of Representatives. The House is now controlled by a majority that supports the right to trial by jury. In addition, nearly 500 plaintiff trial lawyers volunteered to protect the vote on Election Day, many through AAJ’s Voter Protection Action Committee opportunities.

Your support has helped AAJ move forward with positive legislation such as the “Forced Arbitration Injustice Repeal (FAIR) Act,” which would eliminate forced arbitration for workers and consumers. We’ve contributed to hearings in the House and Senate Judiciary Committees and made the public aware of the dangers of forced arbitration. AAJ also is working to repeal the Feres doctrine, which stems from a 1950 U.S. Supreme Court ruling and prevents active duty servicemembers from holding the government accountable for non-combat related injuries (for more on Feres, go to p. 68); to increase trucking insurance minimums; and to provide fair remedies under the Death on the High Seas Act.

In the courts, AAJ has filed or signed on to more than 20 amicus briefs since August 2018. Six were filed jointly with other groups, including state trial lawyer associations (TLAs). Key decisions in our amicus cases include New Prime v. Oliveira (forced arbitration) and Air & Liquid Systems Corp. v. DeVries (products liability). AAJ also provided financial support to the Center for Constitutional Litigation led by Bob Peck for his work with the Abel Law Firm to overturn the Oklahoma noneconomic damages cap in personal injury cases. In April, the Oklahoma Supreme Court ruled the cap unconstitutional. (Beason v. I.E. Miller Services, Inc.)

AAJ and its members also have been actively involved in the policy work of the federal court’s rules advisory committees. For proposed changes to Rule 30(b)(6) on corporate depositions, AAJ members participated in two public hearings, and more than 1,700 comments were filed—many by AAJ and state TLA members. Largely in response to these comments, the proposed language does not include any of the harmful provisions proposed by defense interests, including an arbitrary limit on the number of deposition topics.

AAJ works relentlessly to help fulfill and protect the promise of the Framers. They wanted to “establish Justice.” We must fiercely guard it. Always.

I am profoundly grateful for the encouragement, help, and inspiration each of you has provided me this year. But I never could have done it without the incredible support of my husband, Matt; my family; my partners, firm attorneys, and staff; my friends; my trial lawyer colleagues; and my fellow AAJ officers and Executive Board members. Although the AAJ staff members I want to thank are too numerous to list, I want to specifically thank and congratulate CEO Linda Lipsen on 25 years with AAJ. Her commitment is unwavering.

Thank you for this incredible opportunity. I hope the work we did together inspires you to continue to fight for justice.

Elise R. Sanguinetti is a partner at Arias Sanguinetti Wang & Torrijos in Oakland, Calif. She can be reached at elise.sanguinetti@justice.org.