S.Amdt. 3488

SA 3488 is an amendment submitted by Mr. Tillis and Mr. Blumenthal. Its purpose is to make technical corrections to the Camp Lejeune Justice Act of 2022.

The amendment aims to change or add the following to the bill:

• Burdens and Standard of Proof: It defines the requirements for relief, requiring a showing of a relationship between the type of contaminant in the water and the harm suffered, and that the individual was at Camp Lejeune for at least 30 days. It sets the evidentiary standard as being sufficient to conclude a causal relationship exists or is at least as likely as not.

• Jurisdiction and Venue: It establishes that the United States District Court for the Eastern District of North Carolina has exclusive jurisdiction for coordinated or consolidated pretrial administrative and procedural matters. It allows parties to transfer actions to the Middle District of North Carolina, the Western District of North Carolina, or the District of South Carolina for trial and pretrial. It also mandates that actions be expedited on the docket and allows for jury trials upon request.

• Attorney Fees: It adds rules for attorney fees, capping them at 20 percent for settlements entered into before a civil action begins, and 25 percent for judgments or settlements after an action begins. It also requires that fee divisions between different firms be proportional to the services performed.

• Timeline and Scope: These changes take effect as if enacted on August 10, 2022, applying to claims pending on or filed after the Act's enactment. The amendment explicitly does not modify the statute of limitations provisions.