DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Approval Of Legal Strategy In National Prescription Opiate Litigation
end
PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of July 9, 2024, to discuss the following:
• the legal strategy related to the opioid drug crisis and litigation options available to the Dakota County.
end
EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, Dakota County is engaged in nationwide civil litigation against manufacturers and distributors of prescription opioids, pharmacies and other parties related to the opioid crisis; and
WHEREAS, Dakota County’s complaint, along with all others, were consolidated into a multi-district litigation tract assigned to Judge Polster in the Northern District of Ohio, In Re National Prescription Opiate Litigation, MDL 2804, Case No. 1:17-md-2804; and
WHEREAS, Judge Polster granted leave for the plaintiffs to bring a motion to amend their complaints to assert claims against pharmacy benefit managers and other potential defendants not currently named in the complaints; and
WHEREAS, the County Attorney’s Office provided legal advice to the County Board in a confidential memorandum dated July 5, 2024; and
WHEREAS, after reviewing the information contained in the confidential memorandum, the County Board determined a closed session discussion with the Dakota County Attorney's Office was not required prior to providing direction on this matter.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Attorney’s Office to proceed with the proposed legal strategy as set forth in the confidential memorandum provided to the Board.
end
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Tom Novak
Author: Jeni Reynolds