Trial Magazine

During AAJ’s 2018 Annual Convention in Denver in July, I presented the Steven J. Sharp Public Service Award to USA Olympic and National Collegiate Athletic Association athletes Jeanette Antolin, Jamie Dantzscher, Mattie Larson, Kaylee Lorincz, Sterling Riethman, and Jordyn Wieber, and their attorney John Manly of Irvine, Calif. These six athletes, along with more than 100 other courageous young women, spoke out against the sexual abuse they suffered from former USA Gymnastics doctor Larry Nassar and demanded accountability from the people and systems that enabled it.

A few months after Nassar’s trial, my law firm went to trial for a woman who was sexually harassed by one of her superiors at a company retreat. She reported the harassment and then experienced additional harassment from the same senior employee she had reported. She was let go from her job.

Despite these different settings, both cases involve people who stood up for themselves and sought accountability from their abusers. I was so proud to present the Steven J. Sharp Award—which recognizes plaintiffs and plaintiff attorneys whose cases help tell the story of the American civil justice system and make a huge difference in policy—to these young women. These women demanded to be heard and have changed the ­landscape for so many other young athletes. And I am proud of all the trial lawyers who work on cases like this every day (For more on the other award recipients from Denver, turn to p. 58, and to see videos from their acceptance speeches, visit www.justice.org/sharpawardvideos.).

These examples are two of many in what has become the year of “#MeToo” and “Time’s Up.” They are also two of many types of issues that arise in ­workplace settings. This month in Trial, learn about the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis and how to challenge forced arbitration­ provisions in employment contracts (p. 26), worker misclassifi­cation (p. 20), and dealing with employer retaliation in whistleblower cases (p. 36). And while we are thinking about the employment landscape, we should be considering the changes ahead for our practices as driverless cars hit our roads. Read my article about how ­driverless cars may affect different industries, including auto tort practice (p. 50).

AAJ has excellent resources for members handling employment law cases. The Employment Rights Section focuses on all aspects of employment and labor law. The Workers’ Compensation and ­Workplace Injury Section provides information on occupational safety, including insurance regulations and the Americans with Disabilities Act. AAJ Litigation Groups delve into worker laws and advocacy, including groups focusing on specific laws such as the Federal Employers’ Liability Act. Each AAJ Section and Litigation Group has a secure list server and members-only document library, and many have education programs and meetings throughout the year. Learn more at www.justice.org/networking.

One of AAJ’s most recent additions is the Sexual Assault Litigation Group, which is not confined to cases in the workplace. This group presented a CLE program in Denver, including a session on addressing sexual assault of students and athletes. Other CLE programs ­examined workplace injury and workers’ comp claims. You can download recordings of Denver CLE sessions you may have missed at www.playbackaaj.com.

Every day, we work with clients who have chosen the path of standing up for what is right—and they deserve our praise. Every person who speaks out against injustice helps support justice for others. That is the story of the American civil justice system.

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