Label
Opioid Multi-District Litigation Settlements
Law Department
Steve Spitler 419-245-1020 (office)
Title
Authorizing the Mayor and Director of Law to enter into settlement agreements on behalf of the City of Toledo in multi-district litigation in the prosecution of claims to recover damages related to opioid-related costs; authorizing the Mayor and Director of Law to execute documents necessary to effectuate approving settlements according to terms as recommended by the City’s retained legal counsel; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The City of Toledo, along with several other political subdivisions in the State of Ohio, have lawsuits pending against various defendants in the pharmaceutical supply chain related to the devastating impact the opioid epidemic has had on the Toledo community.
Council has approved prior settlements related to the opioid epidemic. At this time, the City administration is seeking authorization to approve future multi-district litigation settlements related to the opioid epidemic. The settlement proceeds received by the City pursuant to such agreements shall be deposited and expended per the terms of the settlement and in accordance with applicable federal, state, and local laws and guidance.
As authorized by Ord. 439-17, the City of Toledo is represented in this litigation by the firms of Napoli Shkolnik, PLLC, and Climaco, Wilcox, Peca & Garofolico, LPA. These proposed settlements come at the recommendation of the City’s retained outside legal counsel.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor and Director of Law are authorized to negotiate, approve, and enter into settlement agreements, consent judgments, and related documents in connection with multi-district litigation and related proceedings arising from the opioid epidemic, including but not limited to the National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio).
SECTION 2. That the Mayor and Director of Law are further authorized to execute any necessary documents, releases, allocation agreements, participation forms, or other documents required to effectuate the City’s participation in such settlements and to take such other actions as are necessary to carry out the intent of this ordinance.
SECTION 3. That this ordinance, being an emergency measure, shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of public peace, health, safety, and property and for further reason that this ordinance must immediately be effective so that the City can immediately execute documents related to the settlement.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council