Subject:
Title
Selection of law firm(s) to provide Special Counsel Services relating to litigation regarding firefighting foam and approval and authorization to initiate litigation.
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Recommended Action:
Recommended Action
Selection of Special Counsel and approval and authorization for Special Counsel to initiate litigation in the case against manufacturers of Aqueous Film-Forming Foam and related products relating to environmental concerns.
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Strategic Plan:
N/A
Summary:
Summary
Federal litigation is currently pending regarding the manufacture of Aqueous Film-Forming Foam related products containing Perfluoroctanoic Acid, Perflourooctanesulfonic Acid and related products, collectively commonly known as PFAS. In recent years, it has come to light that these are “forever chemicals.” Although manufacturers were aware of the nature of PFAS, they continued to manufacture products, including firefighting foam, with PFAS. Firefighting foam containing PFAS was required to be used at the County’s airport by requirement of the FAA as well as at the County’s Firefighting Training Facility.
The law firm of Levin, Papantonio, Rafferty and Magazine & Light Law Group, lead counsel and local counsel, respectively, are part of the consortium representing Pinellas County in Opioid and Insulin Litigation. Members of the consortium have filed several lawsuits across the country representing property owners like Pinellas County and have assisted staff in evaluating the County’s potential claims.
The consortium would represent Pinellas County on a contingency basis under the same terms negotiated for the Opioid and Insulin litigation.
This authorization includes bringing suit against all defendants that are or may become necessary to fully litigate this action for all civil remedies against the manufacturers of PFAS used in firefighting foam.
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Background Information:
N/A
Fiscal Impact:
Unknown.
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Partners:
Pinellas County Real Property
Attachments:
Engagement Agreement with Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A.