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File #: 190458    Version:
Type: Resolution Status: Passed
File created: 6/18/2019 In control: COMMON COUNCIL
On agenda: Final action: 7/30/2019
Effective date:    
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
Attachments: 1. Fiscal Impact Statement re opioid litigation.pdf, 2. Substitute 2 reso authorizing outside counsel re opiod epidemic litigation.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/8/20191 MAYOR SIGNED   Action details Meeting details Not available
7/30/20191 COMMON COUNCIL AMENDEDPass14:0 Action details Meeting details Video Video
7/30/20191 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
Pass13:0 Action details Meeting details Not available
7/30/20191 COMMON COUNCIL ADOPTEDPass13:0 Action details Meeting details Not available
7/22/20190 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Appearing: Kailyn Kenney - Ald. Murphy's office - Sponsor of the Resolution Deputy City Atty. Miriam Horwitz
Pass3:0 Action details Meeting details Video Video
7/19/20191 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/18/20190 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
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...

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