Attorney Fee Caps for Camp Lejeune Plaintiffs, An Open Letter to the Court and Congress
Chief United States District Judge Richard E. Myers II
United States District Judge Terrence W. Boyle
United States District Judge Louise W. Flanagan
United States District Judge James C. Dever III
Majority Leader Chuck Schumer
Majority Whip Dick Durbin
Minority Leader Mitch McConnell
Minority Whip John Thune
Speaker of the United States House of Representatives Kevin McCarthy
Democratic Leader Rep. Hakeem Jeffries
President Joe Biden
My name is Lori Freshwater and I am writing on behalf of myself and many others who are a part of the Camp Lejeune community. We are plaintiffs in the Camp Lejeune Justice Act (CLJA) litigation currently before the Eastern District of North Carolina.
This community is asking for either the court or congress to provide the protection of attorney fee caps under the CLJA. Many of us are elderly, sick, or serving as caretakers for our loved ones, and therefore might not be able to fend off predatory practices which is already underway. This litigation is being saturated with billions of dollars in litigation funding and the actual victims must be protected by the predatory practices already showing up in the community.
Attorney Ed Bell and Attorney Zina Bash were recently appointed by the court to be Lead Counsel and Co-Lead Counsel and Government Liaison. Attorney Ed Bell has actively lobbied against having attorney fee caps and Ashley Keller, a partner in Attorney Bash's firm, has argued against them in a presentation on Camp Lejeune by the Federalist Society,
Many of us were told the court would likely institute fee caps somewhere between the FTCA cap amount of 25% and the common standard of 33% for trials -- with less for settlements. But as of yet that has not happened, although we hope our letter might spur action before any settlements begin.
While there is still time we are asking for relief from either the courts or congress because we firmly believe the stage is set for some attorneys to legally collect over half of a victim's jury awards or settlements.
Thank you,
Lori Freshwater (Freshwater V United States) along with the undersigned current and future plaintiffs