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Bloomfield Hills joins national AFFF class action; commission authorizes contingent retainer
Summary
The commission authorized the city to join consolidated litigation over aqueous film‑forming foams (AFFF) and approved a contingency retainer, noting a July baseline testing deadline and that the firm will advance litigation costs under the agreement.
Bloomfield Hills will join a consolidated class action concerning aqueous film‑forming foams (AFFF) used historically in firefighting, after commissioners authorized a contingent retainer agreement with outside counsel.
The city attorney said the litigation has been centralized and that a baseline test is required by an early July deadline; entering the proposed contingent retainer would preserve the city's right to recover if a settlement or award is distributed. The city attorney described the arrangement as contingent (no upfront cost to the city) and said outside counsel would cover litigation costs and testing pending any recovery.
Commissioners asked whether the city had used AFFF historically and whether membership in the class could yield any recovery; the attorney said even if the city did not directly use AFFF it could still be covered if regional usage or contamination affected Bloomfield Hills' water system. After discussion commissioners voted to adopt the resolution and authorize the city manager to sign the retainer agreement.
Next steps: Staff will coordinate any required baseline testing and preserve records relevant to potential claims; the retainer is a contingency fee arrangement that would be paid from any recovery.
