HomeMy WebLinkAboutRES 050 Draft 01 2024-2026 COUNTY OF HAWAI`I
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STATE OF HAWAI`I
RESOLUTION NO. ____________
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY TO REPRESENT THE COUNTY OF HAWAI`I IN OPIOID LITIGATION AGAINST TARGET AND SIMILARLY SITUATED DEFENDANTS
WHEREAS, on or about April 10, 2019, Hawai‘i 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, Hawai‘i 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 Hawaiʻi about an opportunity for the County of Hawaiʻi 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:
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 Hawaiʻi for their part in the opioid epidemic; and
Such retention will be on a contingency basis, with the County of Hawaiʻi 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, Hawai‘i 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 _________________, Hawai‘i, this _____ day of _______________, 20___.
INTRODUCED BY:
______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
HUSTACE
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KANEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
ONISHI
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.