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King George agrees to join phase 2 of PFAS class-action; attorney fees to come from recovery
Summary
The board voted to join a class-action suit over PFAS contamination in property associated with the old courthouse water system; the outside law firm would take 40% of any recovery and costs are otherwise contingent on settlement.
County legal counsel briefed the board on eligibility to participate in Phase 2 of a nationwide class-action settlement addressing PFAS/PFOA contamination. Counsel said the county had been identified as a potentially eligible claimant based on evidence the old courthouse water system may have contained PFAS.
Counsel advised there would be no upfront cost to the county should it join the class; however, the representing firm would take 40% of any recovery plus a pro rata share of any upfront costs it advanced. "There's no cost to the county," counsel said, "however, if there is a recovery ... they get 40% of the recovery and the pro rata share of the upfront cost that they put into this." The board voted in favor of participating.
Board members asked whether the eligibility applied to the county generally or specifically to the Service Authority; counsel clarified the county was the identified eligible entity for this claim, not the Service Authority. The motion was approved without a roll-call requirement.
Next steps: With the vote, staff will execute required paperwork to join Phase 2 and the county will await any notice of recovery; legal fees and cost-sharing will be resolved per the firm's contingency agreement if a recovery occurs.
