AGENDA ITEM REPORT
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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 ...
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