HomeMy WebLinkAboutRES 050 Draft 01 2024-2026J+tV OF k,
i
COUNTY OF HAWAIJ STATE OF HAWAIJ
60 if
RESOLUTION NO. 50 2S
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY
TO REPRESENT THE COUNTY OF HAWAIJ IN OPIOID LITIGATION AGAINST
TARGET AND SIMILARLY SITUATED DEFENDANTS
WHEREAS, on or about April 10, 2019, Hawaii County Council authorized the
retention of Napoli Shkolnik PLLC and their local counsel, the HI Accident Law Center, to bring
a lawsuit against the manufacturers of prescription opioid pain killers (as well as those entities
within the prescription opioid distribution chain) for their unfair and deceptive business
practices, false advertising, public nuisance, and fraud on the public, resulting in a public health
emergency due to the continued increase in drug overdose addiction and drug overdose deaths;
and
WHEREAS, on or about March 17, 2021, Hawaii County Council authorized the
expansion of the County's retention of Napoli Shkolnik PLLC to bring further opioid claims also
against other entities that bear responsibility in the ongoing opioid epidemic; and
WHEREAS, the Office of the Corporation Counsel has determined that holding the
individual(s) and entities who caused the opioid epidemic accountable, involves proceedings that
are complex and require specific expertise and experience in opioid litigation; and
WHEREAS, the law firm of Napoli Shkolnik PLLC is experienced at handling opioid
litigation; and
WHEREAS, Napoli Shkolnik PLLC has informed the County of Hawaii about an
opportunity for the County of Hawaii to enter into a Settlement Agreement with Target for a
similar opioid litigation settlement; and
WHEREAS, Napoli Shkolnik PLLC has agreed to represent the County of Hawai' i in
litigation against Target and other potential defendants on a contingency basis, fronting costs
therefor; and
WHEREAS, County Charter § 6-5.5 requires a two-thirds vote by the County Council to
approve employment of special counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that:
1. Pursuant to County Charter § 6-5.5, the County Council authorizes the
retention of special counsel, to represent the County of Hawai' i in
litigation against Target and other similarly situated opioid defendants,
who may be liable to the County of Hawaii for their part in the opioid
epidemic; and
2. Such retention will be on a contingency basis, with the County of Hawaii
not fronting any costs for such litigation.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) Mayor C. Kimo Alameda, Ph.D.; (2) Benjamin Moszkowicz, Chief, Hawaii Police
Department; (3) Kazuo Todd, Hawai'i County Fire Chief; (4) Kelden Waltjen, Prosecuting Attorney
for the County of Hawai'i; and (5) J. Yoshimoto, Acting Corporation Counsel..
Dated at Hilo , Hawai'i, this 8th day of
INTRODUCED B
COUNCIL
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on January 8, 2025
ATTEST:
TY CLE CHAI ERSON & PRESIDING OFFICER
January 2024
OF HAWAI`I
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
X
HUSTACE
X
INABA
X
KAGIWADA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
ONISHI
X
VILLEGAS
X
8
0
1
0
C-72/Waived FC
RESOLUTION NO. SO 25
2