S. 907: Ensuring Justice for Camp Lejeune Victims Act of 2025
This bill, titled the Ensuring Justice for Camp Lejeune Victims Act of 2025, proposes amendments to the Camp Lejeune Justice Act of 2022. The main goal is to make technical corrections and clarify certain legal standards involving claims related to water contamination at Camp Lejeune, a military base in North Carolina. Below are the key provisions of the bill:
Technical Amendments
- The bill modifies the requirements for bringing a lawsuit regarding contaminant exposure, changing where such claims can be filed and the type of harm that can be claimed.
- It specifies that harm includes both latent and potential harm associated with exposure to the contaminants in the water at Camp Lejeune.
Burden of Proof
The bill clarifies the burden of proof for individuals filing claims, detailing that they must establish:
- There is a relationship between the type of contaminants present in the water and the harm experienced.
- The affected individual was present at Camp Lejeune for at least 30 days, regardless of whether those days were consecutive.
Evidentiary Standards
To prove their case, claimants must provide sufficient evidence that demonstrates either:
- A causal relationship exists between the contaminants and the harm.
- It is at least as likely as not that such a causal relationship exists.
Jurisdiction and Venue
The bill designates that the United States District Court for the Eastern District of North Carolina has exclusive jurisdiction for pretrial actions connected to these claims, but allows for actions to be transferred to other courts within the fourth judicial circuit for trial.
Jury Trial and Expedited Processing
Individuals can request a jury trial for any claims against the United States made under this act. Additionally, strict timelines are set to expedite the disposition of these actions in court.
Health and Disability Benefits
- The bill outlines that settlements made prior to filing a civil action will not be offset by previous disability payments.
- However, settlements made after filing can be subject to offset by other disability benefits under certain federal programs.
Attorney Fees
Provisions regarding attorney fees are included, stating that:
- Fees cannot exceed 20% of settlements before a civil action or 25% of settlements after a civil action.
- Fees among attorneys from different firms must be split based on the work done by each attorney.
Effective Date
The amendments proposed in this bill would take effect retroactively as if they were enacted on August 10, 2022, allowing them to apply to claims pending or filed after this date.
Statute of Limitations
The bill specifies that the amendments will not change any applicable limitations on the time frame for filing claims as defined in the original Camp Lejeune Justice Act of 2022.
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Sponsors
2 bill sponsors
Actions
2 actions
Date | Action |
---|---|
Mar. 06, 2025 | Introduced in Senate |
Mar. 06, 2025 | Read twice and referred to the Committee on the Judiciary. |
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