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Council approves emergency funds for class-action legal defense; city counsel says class certification was denied and matter is on appeal

3005527 · February 17, 2025
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Summary

Council authorized additional funds for class-action legal services provided by Wiggins, Herscher & Panza; the city’s counsel told council the local court denied class certification and the issue is now on appeal; council approved the emergency appropriation unanimously.

The Lorain City Council unanimously approved an ordinance authorizing expenditure of additional funds for class-action legal services provided by the law firm Wiggins, Herscher & Panza, after council members asked for the status and cost to date.

Councilman Nutt introduced the ordinance, saying the item should proceed. In response to a council question about expense, city staff said that, "class counsel has charged the city approximately $170,000 to date." That figure was provided during the meeting in response to Councilmember Carter's request for how much had already been spent.

City counsel (unnamed staff member) summarized the litigation status for council: the local court denied class certification in the case and the decision is on appeal. "Judge Melissa Kobacher has ruled in the city's favor ... the case does not warrant class certification," counsel said. The counsel added that briefs have been filed and an argument before the appellate court is expected in the near future.

Council moved the ordinance through the reading process, the rules were suspended, and the ordinance authorizing additional legal-services funds passed unanimously. Council did not specify a total additional authorization amount in the public discussion recorded on the transcript.

The council direction was procedural: funds were authorized on an emergency basis to continue appellate work and defense; staff and the law firm will proceed with filings and argument preparation.