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After losing clout, trial lawyers shift their message, slightly



The American Association for Justice has said little publicly about the results of the 2010 elections, on its webpage only noting the Republican gains in the House and commenting: "This surge will also mean additional clout for opponents of the tort system, with attacks on Medical Malpractice certain to be the first order of business for the House."

Right before the election, however, the AAJ launched a new marketing and fundraising push, the "7th Amendment Fund" campaign.

Your contribution to the 7th Amendment Fund provides the resources necessary to protect the civil justice system and every American's right to a trial by jury. When you support the 7th Amendment Fund, you help protect the future of your practice and give your clients a fighting chance.

The American Association for Justice is committed to protecting the civil justice system from the relentless attacks by powerful special interests. Drug, oil, and insurance companies have spent millions of dollars to generate myths about how lawsuits are out of control and responsible for all of America's ills. The facts tell a much different story...

What you read at the link relies on the same emotional stories, so there's not TOO much repositioning going on.

Although ...the first case AAJ cites is that of Diana Levine of Wyeth v. Levine fame, in which the U.S. Supreme Court rejected implied federal preemption. If the trial lawyers are thwarted in their legislative agenda, the attacks against preemption can continue unabated in the Obama Executive Branch agencies.

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.