County board reaffirms outside counsel authority to add defendants in opioid litigation (MDL 2804)

The Chippewa County Board approved Resolution 15-25 on June 10, reaffirming the authority of county outside counsel to add additional defendants in ongoing opioid litigation, including potential filings in multidistrict litigation MDL 2804 and other state or federal courts.

Supervisor Flynn, who moved the resolution, summarized the county's involvement in opioid litigation dating to 2017 and explained that outside counsel's investigation identified additional parties possibly responsible for opioid-related claims. Flynn said one potential defendant questioned whether the county's 2017 authorization explicitly allowed counsel to add that party; to forestall procedural challenges outside counsel recommended the board pass a clarifying resolution.

The resolution restates that the county board confirms and ratifies the authority for law firms to file appropriate pleadings to add additional defendants (including those listed on Exhibit A to the resolution) and authorizes county officers to execute documents necessary to effectuate that authority. The resolution further ratifies prior actions taken by the board and county officers in this matter.

Supervisor Kelly asked whether specific entities (including a question about the Department of Veterans Affairs) had been added to the list; the mover said the exhibit lists identified entities and includes a catch-all provision for any additional parties outside the exhibit. After discussion the board voted to approve the resolution.

The resolution was forwarded to the county board by the executive committee and approved during the meeting.