AAJ Now and into the futureAAJ Now and into the future

Gibson Vance

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Where Were We?Where Were We?

20052005

Bush/Frist/HastertBush/Frist/Hastert

George W. Bush’s George W. Bush’s

Obsession With Tort ReformObsession With Tort Reform

Perlmutter (CO-7)

Sali (ID-1)

Ellison (MN-5) Donnelly (IN-2)Sutton (OH-13) Space (OH-18)

Hodes (NH-2)

Welch (VT-AL)

Gillibrand (NY-20)

Arcuri (NY-24)

Courtney (CT-2)

Johnson (GA-4)

Braley (IA-1)

Hirono (HI-2)

TRIAL LAWYERS TRIAL LAWYERS ELECTED TO THE 110ELECTED TO THE 110th th

CONGRESSCONGRESS

House of House of Representatives Representatives

235 Democrats 235 Democrats

199 Republicans199 Republicans

United States SenateUnited States Senate

57 Democrats57 Democrats

2 2 IndependentsIndependents

1 Al Franken1 Al Franken

40 40 RepublicansRepublicans

President Barack ObamaPresident Barack Obama

111th Congress Background & Transition• First time any party won two consecutive wave elections• AAJ PAC had 85% success rate, over $5.4 million in

political contributions during 2008 cycle• Between 2006 and 2008 election cycles

– Democrats picked up 15 Senate seats including• Senator Franken (D-MN) • Senator Sanders (I-VT)

– Democrats had net gain of 54 seats in House • In 2010, 16 Democratic and 15 Republican Senators up

for re-election– 5 open Senate seats (4 Republican held)

Historic Wins, Picked up More Seats

111th Congress Current Successes• Medical Device Safety Act• Arbitration Fairness Act • Fairness in Nursing Home Arbitration Act• Attorney Contingency Fee Deduction Tax

Bill• Bill Expanding 9/11 Victims

Compensation Fund• Bill Reversing Feres Doctrine for Med Mal

Claims• Sunshine in Litigation Act

Getting Bills Introduced and Moving

Where Are We Going?Where Are We Going?

20102010

2009 Outlook2009 Outlook• 2 Governships (NJ & VA)2 Governships (NJ & VA)

• 2 States with Legislative 2 States with Legislative Races (NJ House, VA Races (NJ House, VA House)House)

• 1 State Attorney General 1 State Attorney General (Virginia)(Virginia)

• 2 Sup. Ct. Justices (PA & 2 Sup. Ct. Justices (PA & WI)WI)

2010 Outlook2010 Outlook• US HouseUS House• 35 US Senate Seats 35 US Senate Seats

(19 R – 16 D)(19 R – 16 D)• 36 Governorships36 Governorships• 32 Attys Gen.32 Attys Gen.• 4 Insur. 4 Insur.

CommissionersCommissioners• 33 Sup. Ct. Justices33 Sup. Ct. Justices• 45 States w/ Leg. 45 States w/ Leg.

RacesRaces• Dozens of referenda Dozens of referenda

and initiativesand initiatives

ConnecticutConnecticut OhioOhio

FloridaFloridaLouisianaLouisiana

IllinoisIllinois North North CarolinaCarolina

KentuckyKentuckyPennsylvaniaPennsylvania

MissouriMissouri New New HampshireHampshire

AAJ CommunicationsAccomplishments

as of June 2009

Olbermann on Nursing Home Rule February

NBC Nightly News on Levine Decision

SCOTUS Rules in favor of Diana LevineMarch Since Jan. ‘09, 153 articles, 13 editorials, and 7 op-eds

Below are clips from Wyeth v. Levine ruling:

Medical Device Safety ActMarch

• Victims of medical devices lobbied congress for the passage of the Medical Device Safety Act (MDSA) on March 31

• In conjunction with that Lobby Day, StopCorporateImmunity.org ran ads in Politico, Politico.com, Roll Call, & The Hill

• AAJ continues to highlight victim stories in op-eds and educate the media and Congress about restoring the rights of injured consumers’ to hold negligent medical device manufacturers accountable

Ads for MDSA

Arbitration Fairness DayApril

• AAJ worked with coalition groups to hold a press conference and bring in victims to lobby surrounding Arbitration Fairness Day. 

• A poll was also released in conjunction with the event that showed that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. 

• We continue to place individual victim stories in local papers.

Chrysler and GM's Bankruptcies Could Leave Injured People Out In the Cold

• Victims and families from five states, some with catastrophic injuries, came to Congress in early June 2009 for urgent help in light of the Chrysler and GM bankruptcies, which are wiping out--or in the case of GM could wipe out--their legal rights and those of millions of other Americans. 

• According to the Chrysler bankruptcy plan, families driving any Chrysler now on the road (about 10 million vehicles), whose occupants are severely injured in a collision or otherwise because the car was not made safely, will have no recourse against the company.  The GM bankruptcy proposes the same thing (about 30 million vehicles). 

CNN’s Situation Room on Bankruptcy Victims Lobby Day

AAJ’s Products and Services: Valuable Tools for Your Practice and

Networking Opportunities

• Sections and Litigation Groups

• Publications

• Exchange

• Education

Litigation Groups and Sections

• Litigation Groups– Litigation specific, case oriented, Examples include: Pain

Pump, Interstate Trucking, Nursing Homes, and Chinese Drywall

– 94 Litigation Groups and continues to grow– Litigation Groups have their own bylaws and decide

membership criteria and dues• Sections

– 18 Practice Areas, Examples include: Products Liability, Admiralty Law, and Insurance Law

Sections

• Admiralty Law • Aviation Law• Business Torts • Civil Rights • Criminal Law• Employment Rights• Family Law• Federal Tort Liability and

Military Advocacy• Insurance• International Practice

• Motor Vehicle Collision, Highway, and Premises Liability

• Products Liability• Professional Negligence• Railroad Law• Section on Toxic,

Environmental, and Pharmaceutical Torts (STEP)

• Social Security Disability Law• Sole Practitioner & Small Firm• Workers’ Compensation and

Workplace Injury

Examples of New and Proposed Litigation Groups

• Pain Pump• Class Action • Motorcycle• Proposed Chinese

Drywall• Proposed Reglan

• Bicycle• Asbestos• Jury Bias• Proposed Hydroxycut• Proposed Yaz• Wage and Hour

PublicationsTRIAL Magazine

– 12 issues per year– Will soon include new Law Reporter case

summary section, Spotlight column

Specialty Law Reporters – Products Liability Law Reporter– Professional Negligence Law Reporter

Coming soon:– Class Action Law Reporter– Motor Vehicle Law Reporter

• ERISA Reimbursement Claims • Medicare and Medicaid • Traumatic Brain Injuries• Cerebral Palsy • Interstate Trucking • Shoulder Dystocia• Hospital-Acquired Infections• Informed Consent• Defective Chinese Drywall• Voir Dire and Jury Selection

AAJ Exchange Litigation Packets—Best Sellers

AAJ Education

– 25 Seminars and Colleges every year nationwide and abroad, and more than 20 teleseminars

– Nearly 50 programs at Annual Convention and more than 10 at Winter Convention

– More than 50 AAJ Press (West) books– Diverse catalog of audio and video offerings of AAJ

continuing legal education programs through Playback Now

– Cosponsored programs with State TLAs

Trial Skills Colleges focus on:– Hands-on instruction in pretrial and trial techniques– Topic-specific technique training– Focus group programs for case-specific analysis

Seminars focus on:– Cutting-edge information in topic-specific areas– The latest developments in jury research, trial

techniques, and litigation strategies– CLE Abroad, such as cruises and safaris

Seminars and Colleges

Speaking OpportunitiesAAJ Education encourages you to share your

expertise and real-world experience with your colleagues at its seminars,

teleseminars, and conventions.  Speaker applications are available on www.justice.org

or by contacting Education at (800) 622-1791 or (202) 965-3500, ext. 612.  

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