AGENDA ITEM REPORT
TITLE:
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A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY, ON BEHALF OF THE CITY, TO ENGAGE THE SERVICES OF OUTSIDE COUNSEL TO FILE A LAWSUIT AGAINST VARIOUS ENTITIES THAT MANUFACTURE PRODUCTS CONTAINING PFAS, AND TO JOIN THE PENDING MULTIDISTRICT LITIGATION KNOWN AS “IN RE: AQUEOUS FILM-FORMING FOAM PRODUCTS LIABILITY LITIGATION,” FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, CHARLESTON DIVISION, IN ORDER TO PRESERVE THE CITY’S RIGHTS AND REMEDIES THEREUNDER.
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BACKGROUND:
In Re: Aqueous Film-Forming Foam Products Liability Litigation, MDL Case No. 2873, is filed as a nationwide multidistrict litigation in connection with affirmative claims relating to aqueous film-forming foam (“AFF”), perfluorooctanoic acid (“PFOA”), perfluorooctane sulfonate (“PFOS”), and any other related chemicals (collectively, “PFAS”). The litigation has resulted in two (2) proposed class settlements, related solely to drinking water system claims, against Defendant 3M Company (“3M”) and Defendant E.I. DuPont de Nemours and Company and affiliates (collectively, “DuPont”). The deadline for the decision to participate in, or opt out of, the two (2) current settlements for drinking water systems is expected to be in, or around, December 2023.
DISCUSSION:
Broward County has retained the services of Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A.; Douglas & London, P.C.; Taft, Stettinius & Hollister, LLP; SL Environmental Law Group, P.C.; and the Law Office of Kevin Madonna, PLLS (collectively, the “Levin Group”) to file litigation on behalf of Broward County, including Water and Wastewater Services, the Fort Lauderdale-Hollywood International Airport, and Port Everglades, in connection with damages suffered by the County relating to PFAS against entities that manufactured products containing PFAS, or components thereof.
The City Attorney recommends that the City Commission retain the services of the Levin Group to represent the City on a contingency fee and cost basis, wherein the Levin Group will advance all fees and expenses necessary to prosecute the case. If the case should settle at any time up to and including the litigation of a Motion for Summary Judgment, the City will pay the Levin Group twenty-five percent (25%) of any recovery, plus reimbursement of costs and expenses because the City’s water is provided by Broward County pursuant to a Large User Agreement dated May 23, 1989, First Amendment dated March 7, 2000, Second Amendment dated November 9, 2009, and Third Amendment dated April 4, 2017. Additionally, the Levin Group is very knowledgeable in this matter as they represent over 200 local government entities nationwide, and they represented the City of Stuart, Florida in the first Bellweather case on this subject wherein that case settled for Ten Billion Three Hundred Million (10.3 Billion) Dollars in June of this year.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT: Unknown at this time.