On November 12, 2019, the City Council directed staff to opt out of participating in a nationwide multi-district litigation “negotiation class” in litigation against 13 different opioid entities in a federal district court in Ohio. By opting out of the Ohio negotiation class, the City retained its ability to independently sue opioid entities in either state or federal court. At the November 12, 2019 City Council meeting, representatives from Eglet Adams, a law firm representing many government entities in Nevada, discussed the opioid crisis and the City’s potential claims against opioid entities such as manufacturers, distributors, and retailers. This agenda item gives City Council the opportunity to direct staff to retain Eglet Adams, provide other options for legal representation, or take no action in pursuit of potential opioid-related litigation.

The City Attorney’s Office takes no position on whether the City Council should pursue litigation against opioid entities. However, if the City Council chooses to pursue opioid-related litigation, the City Attorney’s Office recommends retaining Eglet Adams and Bradley, Drendel & Jeanney, Ltd. for that purpose. Eglet Adams, located in Las Vegas, and Reno-based Bradley, Drendel & Jeanney are already representing the State of Nevada, Washoe County, City of Reno, Carson City, Clark County, City of Henderson, City of Las Vegas, City of North Las Vegas, Churchill County, Douglas County, Esmeralda County, Humboldt County, Lincoln County, Lyon County, Mineral County, City of Fernley, and City of West Wendover in litigation against various opioid entities in Nevada state courts. A draft Agreement for Legal Services from Eglet Adams and Bradley, Drendel & Jeanney, Ltd. is attached.

1. The City Council may direct the City Manager and City Attorney’s Office to retain the law firms of Eglet Adams and Bradley, Drendel & Jeanney, Ltd. to pursue litigation against the appropriate opioid-related entities.
2. The City Council may direct the City Manager and City Attorney’s Office to provide alternative law firms or other options for outside counsel to pursue litigation against the appropriate opioid-related entities.
3. The City Council may direct staff to take no action regarding potential opioid-related litigation.

Alternative 1:

I move to direct the City Manager and City Attorney’s Office to retain the law firms of Eglet Adams and Bradley, Drendel & Jeanney, Ltd. to pursue litigation against the appropriate opioid-related entities.

Alternative 2:

I move to direct the City Manager and City Attorney’s Office to research and provide alternative law firms or other options for outside counsel to pursue litigation against the appropriate opioid-related entities.

Alternative 3:

I move to direct staff to take no action regarding potential opioid-related litigation.