County reaffirms counsel authority to add defendants in multidistrict opioid litigation

The Chippewa County Board of Supervisors approved Resolution 15-25, reaffirming county counsel and outside counsel have authority to add additional defendants in opioid litigation, including in multidistrict litigation MDL 2804.

A supervisor introduced the resolution and summarized the county’s participation in opioid litigation that began in 2017. The presenter said a prior 2017 resolution and the engagement agreement with outside counsel authorized litigation on the county’s behalf. Outside counsel’s subsequent investigations identified additional manufacturers or distributors that counsel believes should be added as defendants. One potential defendant questioned whether the 2017 resolution authorized adding new parties; the 15-25 resolution was offered to remove that legal objection by restating the board’s authority to add parties as needed.

An exhibit listing named entities was included with the resolution materials; the resolution also contained catchall language allowing counsel to add other parties if investigations show they should be joined. The board approved the resolution after a motion and second and a brief question from a supervisor about whether a specific entity (the Department of Veterans Affairs) was included on the list; the presenter did not confirm that entity was on the exhibit.

The chair called the vote and the board approved Resolution 15-25.

The board did not vote on or adopt any additional litigation strategy in open session beyond the language of the resolution. The resolution authorized counsel and other designated officials to execute documents necessary to add defendants and ratified prior actions taken in the litigation.