Judges in the Eastern District of North Carolina overseeing the Camp Lejeune contaminated-water litigation have struck down the plaintiffs’ request for jury trials. In response to a motion filed by the Department of Justice, the Court held that the Camp Lejeune Justice Act does not clearly grant a right to a jury trial in these actions against the government.
The Court noted that when Congress passed the CLJA Congress could have included language that granted such a right to claimants. The Opinion held as a matter of law that Congress did not affirmatively grant such a right.
The Plaintiffs Leadership Group and participating attorneys, on behalf of all plaintiffs, responded that “We are very disappointed in this decision and disagree with the decision not to allow them the right to a jury trial.” An appeal will be pursued.
Note: All cases will continue before the individual judges.
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