City of Milwaukee - File #: 190458

• File #: 190458
• Version: 2
• Type: Resolution
• Status: Passed
• File created: 6/18/2019
• In control: COMMON COUNCIL
• Final action: 7/30/2019
• Title: Resolution authorizing the City Attorney to retain outside counsel and to investigate possible solutions including litigation to the opioid epidemic.
• Sponsors: ALD. MURPHY, ALD. LEWIS, ALD. RAINEY, ALD. PEREZ, ALD. HAMILTON, ALD. JOHNSON
• Indexes: CITY ATTORNEY, DRUG ABUSE

Date	Ver.	Action By	Action	Result	Tally
8/8/2019	1	MAYOR	SIGNED
7/30/2019	1	COMMON COUNCIL	AMENDED	Pass	14:0
7/30/2019	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Stamper, moved to amend the substitute resolution by adding the following language, and further move for adoption of the resolution as amended. Further Resolved, That the selectin of outside counsel for these purposes by the City Attorney is subject to the approval of the Common Council, with the understanding that the Common Council is particularly interested in minority participation; and, be it Also ADD Lewis, Rainey, Perez, Hamilton and Johnson	Pass	13:0
7/30/2019	1	COMMON COUNCIL	ADOPTED	Pass	13:0
7/22/2019	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearing: Kailyn Kenney - Ald. Murphy's office - Sponsor of the Resolution Deputy City Atty. Miriam Horwitz	Pass	3:0
7/19/2019	1	CITY CLERK	DRAFT SUBMITTED
6/18/2019	0	COMMON COUNCIL	ASSIGNED TO

Number
190458
Version
SUBSTITUTE 2
Reference

Sponsor
ALD MURPHY, LEWIS, RAINEY, PEREZ, HAMILTON AND JOHNSON
Title
Resolution authorizing the City Attorney to retain outside counsel and to investigate possible solutions including litigation to the opioid epidemic.
Analysis
This resolution authorizes the City Attorney to investigate litigation options and file suit against drug makers and distributors and other parties that may be responsible for damages incurred by the City of Milwaukee due to the creation and perpetuation of the opioid epidemic, and to retain outside counsel for such litigation on a contingent fee basis.
Body
Whereas, the existence of a public health epidemic, both nationally and locally, based on opioid use has been well documented by the Centers for Disease Control and Prevention, and by the City-County Heroin, Opioid and Cocaine Task Force created pursuant to Council file number 161061; and

Whereas, thousands of governmental entities throughout the United States, have filed lawsuits alleging, among other things, that pharmaceutical companies and distributors engaged in fraudulent and deceptive trade practices, in violation of regulatory and common law, in marketing prescription opioids; and

Whereas, in 2018 Milwaukee County filed suit in federal court, and in May 2019, the State of Wisconsin filed suit in the Dane County Circuit Court; and

Whereas, approximately 2000 of such cases nationwide that have been filed in, or removed to federal court, have now been consolidated in a multidistrict action pending in the United States District Court for the Northern District of Ohio; and

Whereas, the City of Milwaukee may also consider separate litigation in the Circuit Court for the State of Wisconsin; and

Whereas, the City Attorney for the City of Milwaukee is able to retain outside counsel for such litigation, whether in state or federal court, on a contingent fee basis, avoiding any negative fiscal impact to the City; now, theref...