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Mount Clemens approves contingency retention to pursue PFAS/AFFF claims

Mount Clemens City Commission · June 5, 2024
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Summary

The commission approved a contingent-fee retention agreement to pursue potential claims related to PFAS contamination tied to AFFF litigation, retaining the national firm Edelson PC and a local partner; staff said the city qualifies as part of the settlement class.

The Mount Clemens City Commission approved a contingency-fee retention agreement to pursue potential claims tied to per- and polyfluoroalkyl substances (PFAS) contamination associated with aqueous film-forming foam (AFFF).

City staff recommended retaining the national plaintiffs' firm Edelson PC and a local firm to represent Mount Clemens in potential claims connected to a broader multidistrict litigation settlement. The administration told the commission the city qualifies as part of the settlement class.

Under the agreement the firms will be paid a percentage of any recovery on a contingent basis; the city will owe no fees if there is no recovery, staff said. The city attorney reviewed the retention agreement, according to staff.

Commissioners discussed the recommendation and a speaker noted prior positive experience working with the retained firm before the motion was approved by roll call.

Next steps: the retained firms will review potential claims on behalf of the city and advise commissioners on potential recoveries and legal strategy; the agreement does not obligate city funds unless a recovery is achieved.