Miami-Dade County Retains Legal Team for Opioid Litigation
Miami law firm Podhurst Orseck will lead the team, which was chosen for its local and national litigation experience and its competitive contingency fee arrangement.
March 01, 2018 at 12:45 PM
3 minute read
Miami-Dade County signed a retainer agreement with seven law firms led by Miami's Podhurst Orseck to file litigation against Big Pharma over the opioid epidemic.
The contract was signed Wednesday after the County Commission voted to accept County Attorney Abigail Price-Williams' recommendation of the Podhurst group over nine other prospective legal teams.
The winning team offered the county a structured contingency fee arrangement ranging from 4 percent to 15 percent of the recovery, increasing as the litigation advances.
The other firms on the chosen team are Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor; Baron & Budd; Greene, Ketchum, Farrell, Bailey & Tweel; McHugh Fuller Law Group; Hill, Peterson, Carper, Bee & Deitzler; and Powell & Majestro.
“Miami-Dade County has suffered enormous costs fighting the opioid epidemic, costs that ultimately fall on the backs of our taxpayers,” Podhurst Orseck partner Peter Prieto, lead counsel for the county, said in a statement. “Our job now will be to investigate and bring claims against the drug manufacturers and distributors while working with the county to assess the amount of damages it has incurred.”
The county will likely file litigation in federal court to join the opioid multidistrict litigation consolidated in Ohio, a Podhurst spokesman said.
The runner-up for the county contract was a team consisting of Robbins Geller Rudman & Dowd and Lieff Cabraser Heimann & Bernstein. Those firms are part of the team representing Broward County and the city of Fort Lauderdale in opioid litigation.
Both of the final two teams had impressive experience, local ties and leadership positions in the Ohio MDL, Price-Williams wrote in a memo to the County Commission. The firms selected are involved in more than 200 government lawsuits against drug manufacturers and distributors.
Team member Paul Farrell of West Virginia's Greene Ketchum is one of three lead attorneys for the plaintiffs in the MDL. Baron & Budd's Roland Tellis, McHugh Fuller's Michael Fuller and Levin Papantonio's Peter Mougey are on the plaintiffs executive committee. Troy Rafferty of Levin Papantanio is liaison counsel coordinating attorneys in the MDL.
The heavyweight legal team has “taken on and defeated Big Tobacco, asbestos, BP and DuPont as well as numerous pharmaceutical and medical device giants,” the group wrote in its proposal. Prieto is also lead plaintiffs counsel in the Takata air bag litigation.
The 10 teams offered contingency fee rates ranging from 18 percent to 33 percent of the total recovery, according to Price-Williams' memo. The Podhurst team and the Robbins team were both at the low end.
The Podhurst team agreed to reduce its rate and cap the combined fees and costs at 5 percent to 25 percent of the total recovery.
Three of the firms — Greene Ketchum, Hill Peterson and Powell & Majestro — are based in West Virginia; Levin Papantonio is based in Pensacola; Baron & Budd in Dallas; and McHugh Fuller in Hattiesburg, Mississippi.
The potential defendants will be the same players facing claims in the MDL, including Purdue Pharma, Teva Pharmaceutical Industries, Johnson & Johnson, McKesmson Corp., Cardinal Health Inc. and AmerisourceBergen Corp., according to the county.
“The defendants have privatized all the profits from the opioid epideic while pushing the costs on the county,” Mougey said in a statement. “This lawsuit will hold the defendants accountable for the continuing and mounting costs shouldered by the county.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllChicago Midsize Firm Will Combine With Miami Boutique To Form Antitrust Powerhouse
3 minute readAkerman Opens Charlotte Office With Focus on Renewable Energy, Data Center Practices
4 minute readTrending Stories
- 1Phila. Jury Hits Sig Sauer With $11M Verdict Over Alleged Gun Defect
- 2Lost in the Legal Maze: How State Regulations Are Hindering Hemp Operators' Success
- 3New Associates Yearbook 2024
- 4Disbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
- 5Free Speech Causes a Neighborly Feud
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250