Search Site
Menu
Camp Lejeune Water Contamination: Technical difference between a Statute of Limitations and a Statute of Repose

david russottoA recent North Carolina Supreme Court decision dismissed the court cases brought by victims of Camp Lejeune water contamination based upon the technical difference between a statute of limitations and a statute of repose.

Technically a “statute of REPOSE” is not the same as a statute of limitation. A statute of limitation generally runs from the date of injury/illness and or discovery of the cause of the illnesses….at least in 46 states. Here the statute of repose prevents law suits after 10 years regardless of whether the cause of contamination wasn’t discovered until more than ten years after the last date of contamination.

In this case Federal laws, passed by Congress, clearly state that time limits in cases like this do not start running until discovery of the cause of the claimants illnesses. This is especially important where the contamination is largely undiscoverable.  Congress’ intent was to prevent companies from deliberately covering up contamination until the clock has run out.

Even more at issue is whether federal law preempts state law. The North Carolina courts have avoided the issue by saying that Congress only intended to preempt statutes of limitations not statutes of repose….

So mere semantics are preventing nearly a million people hurt by contaminated water at Camp Lejeune from having their day in court when it’s clear that Congress intention was to prevent this!

Leave a Reply

Your email address will not be published. Required fields are marked *

Reviews
  • Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.

    — Alfred Daye

  • As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.

    — Harry Johnson

  • I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!

    — Luther Henderson

  • My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.

    — Michele DeZayas

  • Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.

    — Michele DeZayas

Contact us

Quick Contact Form