The Justice Department wants a federal court in North Carolina to issue what's known as a Lone Pine order, requiring people suing over exposure to toxic drinking water at the Marine Corps base to provide additional evidence supporting their claims, potentially including costly medical expert reports.
Federal attorneys argue the requirements would help determine which claims have enough evidence to move forward and allow the court to manage the enormous volume of litigation.
But in an October 28 court filing, the Plaintiffs' Leadership Group argues the proposal would dramatically increase costs for victims and could drag out the litigation for years or even decades.
More than 408,000 administrative claims have been filed under the Camp Lejeune Justice Act, which Congress passed in 2022 to allow people exposed to contaminated drinking water at the base to seek compensation from the federal government.
The dispute comes as both sides face a court-requested October 30 deadline to make their best efforts toward developing a global settlement framework. That deadline did not require the parties to reach a final agreement.
The judges had not ruled on the government's Lone Pine request at the time of the plaintiffs' response.
Read more: Lawyers demand emergency court intervention over Camp Lejeune settlement program
Attorneys challenge additional evidence requirements
A Lone Pine order is a case-management tool sometimes used in complex litigation involving large numbers of claims. It can require plaintiffs to submit evidence identifying their alleged exposure, injuries and the connection between the 2 before their cases proceed.
The Justice Department argues such requirements would help identify claims that lack sufficient supporting evidence and make the litigation more manageable.
Attorneys representing the victims disagree with the government's proposed approach.
In their October 28 response, the Plaintiffs' Leadership Group warns that requiring individualized medical evidence and expert opinions at this stage could impose significant financial burdens on people already waiting for compensation.
They argue the additional requirements could overwhelm the process, create more disputes and substantially delay resolution of the claims.
The disagreement is not over whether claimants must ultimately prove their cases. Rather, it centers on when that evidence should be required, how extensive it must be and whether the costs would prevent some people from pursuing otherwise legitimate claims.
The dispute also comes amid negotiations over which illnesses and medical conditions could qualify under a broader settlement framework.
Read more: After Trump ties Camp Lejeune settlements to midterms, advocates and lawmakers push back
Jon Stewart criticizes Trump's Camp Lejeune remarks
Meanwhile, the Camp Lejeune litigation has drawn renewed national attention following comments President Donald Trump made during an October rally in Greenville, North Carolina.
Trump linked the resolution of the contamination claims to the outcome of the midterm elections, suggesting that compensation depended on Republicans winning control of Congress.
On the October 26 episode of Comedy Central's The Daily Show, comedian and political commentator Jon Stewart criticized the president's remarks.
Stewart has a history with the Camp Lejeune issue. He previously joined longtime advocates Jerry Ensminger and Mike Partain in their efforts to persuade Congress to pass the Camp Lejeune Justice Act.
During the broadcast, Stewart questioned whether the president would actually make compensation for sick veterans conditional on election results.
"If Republicans win the House and Senate, you'll settle the claims. But look, even Donald Trump wouldn't have the to do a quid pro quo on sick veterans saying, If we don't win, there's no money. Right?"
Stewart then played a clip from Trump's Greenville rally in which the president said, "So if we don't win, there's no money."
Stewart responded with a sharply critical monologue, describing the president's remarks as "cartoonish" and comparing them to the behavior of a villain in a Looney Tunes cartoon.
The segment featured a graphic resembling a random word generator that stopped on 3 phrases:
EXTORT — VETERANS — WITH CANCER
The remarks drew attention to the political debate surrounding compensation for veterans, family members and others exposed to contaminated water at Camp Lejeune.
Read more: First Camp Lejeune Justice Act trial ends as deadline for global settlement framework approaches
First Camp Lejeune trial concludes, ruling still pending
The historic first trial under the Camp Lejeune Justice Act wrapped up Thursday, October 29, in federal court in eastern North Carolina, but a decision has not yet been announced.
The case involves Frank Mousser, who alleges that exposure to contaminated drinking water at Camp Lejeune caused his kidney cancer.
The trial was heard by U.S. District Judge Terrence Boyle without a jury. Rather than announcing a decision from the bench, Boyle is expected to issue a written ruling.
The outcome could provide an early indication of how the federal court will evaluate evidence and determine damages in future Camp Lejeune cases, although it would not automatically determine the outcome of other claims.
The trial's conclusion comes as attorneys continue negotiating a broader settlement framework and challenging the Justice Department's proposed Lone Pine requirements.
For the hundreds of thousands of people seeking compensation, the unresolved questions surrounding the first trial, the government's evidence requirements and a possible global settlement underscore how much remains unsettled more than four years after Congress passed the Camp Lejeune Justice Act.
