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Waupaca County delegates settlement authority for opioid litigation, establishes abatement and attorney-fee accounts
Summary
The county board delegated authority to the corporation counsel and chair to execute opioid-litigation settlements recommended by the Plaintiffs’ Executive Committee, and created an Opioid Abatement Account and an Attorney Fees Account funded up to 20% of county proceeds; motion passed 23-0.
The Waupaca County Board on July 15 adopted Resolution No. 12 (2025–2026) to delegate authority to designated county officials to enter into settlement agreements with opioid litigation defendants, subject to conditions recorded in the resolution.
Under the resolution, the County Board delegates authority to the County Corporation Counsel, the Board Chair or other authorized official (or any combination thereof) to execute settlement agreements, provided the settlement is recommended by the Plaintiffs’ Executive Committee (PEC) and by the county’s retained law firms (von Briesen & Roper s.c., Crueger Dickinson LLC, and Simmons Hanly Conroy LLP). The resolution cites Wis. Stat. § 165.12 and notes that the Legislature’s Joint Committee on Finance must approve settlements under state law.
The resolution directs that Waupaca County’s share of settlement proceeds be deposited in an Opioid Abatement Account and that an Attorney Fees Account be maintained for payments to the law firms. The Attorney Fees Account may be funded by up to, but not exceeding, 20% of the county’s proceeds from a settlement (unless another amount is required by the settlement agreement); the law firms may apply for payment from that account and the county will cooperate with escrow instructions.
Supervisor Pete Bosquez moved to adopt Resolution No. 12 and Supervisor Lee Much seconded; the board approved the resolution 23-0. The resolution also ratified prior actions taken by the board and authorized county officials to take further actions necessary to implement settlement agreements consistent with the PEC recommendations and the statute.
The resolution records that the county previously retained outside counsel and joined coordinated litigation in the MDL In re: Opioid Litigation (MDL 2804) and that additional settlements are anticipated; the board moved to streamline local approval timing to allow Waupaca County to participate in future settlements recommended by the PEC.
