Premature Camp Lejeune Lawsuits to be Dismissed | Update November 2022
Some Camp Lejeune lawyers quickly, brazenly and prematurely filed the first set of Camp Lejeune lawsuits on the same day President Biden signed the Camp Lejeune Justice act of 2022 into law. You will find one of the first complaints here: complaint (PDF). This Camp Lejeune water lawsuit was filed IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION. The lawyers who filed the premature lawsuits violated the simple terms of the Camp Lejeune Justice Act and the Federal Tort Claim Act. The attorneys violated the terms of the CLJA by filing a Camp Lejeune water contamination lawsuit without first presenting an administrative claim for compensation to the Navy JAG as the CLJA specifically requires. Judge Dever determined that it was a strong argument that these lawyers filed a lawsuit prematurely. The Judge stated that the lawsuits would be dismissed without prejudice unless the attorneys can show they complied with the Camp Lejeune Justice Act.
“Without prejudice” means that the Camp Lejeune water lawsuit lawyers can refile the lawsuits after they have exhausted administrative remedies with the NAVY.
The Judge threatened to dismiss the lawsuits unless the lawyers could show they complied with the CLJA
The Camp Lejeune attorneys representing the victims filed a joint motion for consolidation. The toxic water lawyers also filed a memorandum in support of their motion to consolidate. The Federal Court Justice denied the motion to consolidate. In a number of Court orders (PDF), dated September 29, 2022 U.S. District Judge James C. Dever III denied Plaintiff’s motion to consolidate the lawsuits, and publicly questioned whether the cause of action was in violation of the provisions in the Camp Lejeune Justice Act of 2022.
The lawsuits were not in compliance with the the Camp Lejeune Justice Act of 2022
The lawyers were not in compliance with the the Camp Lejeune Justice Act of 2022. The CLJA states,”804 (h) Disposition By Federal Agency Required. — An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.” The CLJA requirements indicate that prior to filing a Camp Lejeune lawsuit against the United States, presentment of the Camp Lejeune hazardous water claim needs to be sent to the designated federal agency per the stipulations of 28 U.S. Code § 2675.
2675 of Title 28, United States Code is otherwise known as the Federal Tort Claim Act.
Section 2675(a) clearly states that that an injury claimant must present a claim to the appropriate Federal Agency. The appropriate federal agency for Camp Lejeune contaminated water claims is the United States Navy. In order for a Camp Lejeune claimant to file a lawsuit seeking compensation for the toxic water, the claim for money damages must be denied by the Navy. The Camp Lejeune Justice Act of 2022 clearly indicates that a victim may not bring an action “UNDER THIS SECTION” before presenting the claim to the Navy and being denied. However, if the Navy does not make make a determination within 6 months, the claimant can file a lawsuit after the six months period expires.
Section 2675(a) states “An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim.”
Update: October 21, 2022
On September 29, 2022 the Court issued an order stating, “In the motion to consolidate, the United, States argues that plaintiffs have not complied with the administrative exhaustion requirement in the Camp Lejeune Justice Act. see Camp Lejeune Justice Act of 2022 (“Camp Lejeune Justice Act”), Pub. L. No. 117-168, § 804{h), 136 Stat. 1802 (2022) (“An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.”). The argument appears to have force given the timing of plaintiffs’ lawsuits. See, e.g., McNeil v. United States, 508 U.S. 106, 111-13.(1993). Not later than October 21, 2022, plaintiffs shall file the evidence that each plaintiff believes demonstrates compliance with section 804(h) of the Camp Lejeune Justice Act, including the date each plaintiff submitted a claim under 28 U.S.C. § 2675 and the Camp Lejeune Justice Act and the date that the United States denied relief Under section 804(h) of the Camp Lejeune Justice Act. Plaintiffs also may submit a brief no longer than ten pages explaining how filing an administrative claim under 28 U.S.C. § 2675 before the Camp Lejeune Justice Act became law complies with the Camp Lejeune Justice Act’s administrative exhaustion requirement in section 804(h). Cf. McNeil, 508 U.S. at 111-13.· Not later than November 10, 2022, the United States can respond. The response shall be no longer than ten pages. Not later than November 17, 2022, plaintiffs can reply. The reply shall be no longer than three pages. The court will then be able to decide whether to dismiss this action without prejudice for failure to exhaust administrative remedies under section 804(h) of the Camp Lejeune Justice Act.”