HomeMy WebLinkAboutResolution No. R25-77 RESOLUTION NO. R25-77
A RESOLUTION OF THE CITY COUNCIL APPROVING THE EXECUTION OF
THE AUTHORIZATION TO REPRESENT AND CLASS ACTION DISCLOSURE
AGREEMENT RELATED TO THE FIRE TRUCK ANTITRUST LITIGATION.
WHEREAS,the City of Laurel (the"City") is committed to ensuring fair and equitable
pricing for municipal resources, including the purchase of fire trucks and equipment for the
City's Fire Department;
WHEREAS, the City is also committed to identifying parties responsible for
unnecessarily increasing the costs of municipal equipment and taking reasonable steps to avoid
passing on these costs to its constituents;
WHEREAS,law firm Heenan and Cook and associated Legal Counsel(hereinafter"the
Law Firms") have put together a team of uniquely qualified and experienced attorneys who
have joined together to assist public entities in Montana facing the challenges posed by
increased costs for the purchase of fire trucks and equipment;
WHEREAS, the Law Firms are comprised of experienced attorneys in antitrust
litigation and in the representation of public entities in cases involving cost recovery related to
the purchase of fire trucks and equipment;
WHEREAS, the City Attorney and City Staff has determined it to be in the City's best
interest to enter into the Authorization to Represent and Class Action Disclosure Agreement
with the Law Firms and pursue any settlement and other legal damage claims it may have
related to the Fire Truck Antitrust Litigation; and
WHEREAS, the City desires to authorize the execution of the Agreement attached as
Exhibit "A."
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel that
the Mayor is hereby authorized to execute the Authorization to Represent and Class Action
Disclosure Agreement with the Law Firms based upon the terms and conditions set forth herein
and consistent with the Agreement attached hereto as Exhibit"A."
Introduced at a regular meeting of the City Council on the 26th day of August 2025, by
Council Member Wilke.
PASSED and APPROVED by the City Council of the City of Laurel on the 261h day of
August 2025.
APPROVED by the Mayor on the 261h day of August 2025.
R25-77 Approve Legal Services Agreement Re Fire Truck Antitrust Litigation
F�LA►��''•
���.�`'���'�,..•••••.�RFI%,�, CITY OF LAUREL
=m: SEAL =z
s •, ' ' Dave Waggoner, Mayor
Nf COUP
ATTEST: '�r►►nnii����`
e 1 tre e , Jerk-Treasurer
APPROVED AS TO FORM:
allit h t L L P)--��
Michele L. Braukmann, Civil City Attorney
R25-77 Approve Legal Services Agreement Re Fire Truck Antitrust Litigation
AUTHORIZATION TO REPRESENT and CLASS ACTION DISCLOSURE
Client, City of Laurel ("Client"), authorizes Heenan & Cook and any associated counsel
(collectively "Law Firm"), to represent Client in the following matter against the parties being
sued (collectively the "Defendant"), and no other: Firetruck antitrust claim
Class Action Representation
Law Firm has informed Client that Law Firm intends to prosecute the claims and
causes of action of Client described in this Agreement not only on behalf of Client, but also
on behalf of a class of similarly situated persons injured by the same or similar conduct of
the Defendant,i.e., in a "class action". Law Firm also has informed Client that by
prosecuting the claims and causes of action as a class action: Client may not recover all of
its actual loss; that the right or ability of Client to settle or compromise its claims or causes
of action is limited so that the claims or causes of action of Client cannot be settled or
compromised apart from those of the Class; and that Client undertakes responsibilities to
act as a representative of the Class. Law Firm also has informed Client that Law Firm is
willing to represent Client only together with the Class and that Law Firm would not
undertake to represent Client apart from representation of the Class. Client understands
all of the foregoing and, nevertheless,wishes for Law Firm to represent Client together
with the Class, and Client authorizes Law Firm to commence a lawsuit against Defendant
on behalf of Client and the Class.
Other Counsel
Many if not most class action cases require more than one firm to prosecute them.
Therefore, Law Firm may associate other lawyers to represent Client and the class in this matter.
In that event, such other counsel will be compensated for services in the same manner as stated
below. Client consents to the association of other counsel.
Cooperation
Client will fully cooperate with Law Firm in pursuing Client's claims and causes of
action described above, and will always keep Law Firm informed of the telephone numbers and
street addresses where Client can receive telephone calls, mail, and deliveries from Law Firm.
Client will not meet or otherwise communicate with the Defendant(s) or any of its
representative(s) or insurer(s) to attempt to settle or receive payment on any of Client's claims or
causes of action described above without the consent of Law Firm; and will not settle or receive
any payment on any of the claims or causes of action described above without the consent of
Law Firm.
AGREEMENT FOR LEGAL SERVICES
(General Class Action)
Page 1 of 3
llm% Attorney's lees and Expenses are Paid in Glass Action Cases
Client will not have to pay Law Firm any fees or expenses, except if the case does not get
certified but still settles. If the case does get certified and settles or a judgment is collected for
the Class, then the attorneys' fees and expenses will be paid by the Defendant and awarded by
the Court only after notice to Client and to the Class of a hearing at which they have a right to
object to the requested fees and expenses.
Each of the law firms associated in the case, if any, will assume joint responsibility for
representation of Client and will share any attorneys' fees awarded by the court as awarded by
the Court, unless otherwise agreed in writing among the law firms.
Client understands that attorneys' fees awarded in class action cases, if any, may
greatly exceed the amount of any recovery for Client or individual class members, that
such attorneys' fees are typically property of the attorneys' and not property of Client or
the class members, and that attorneys' fee cannot be shared with Client or class members.
Client acknowledges that Law Firm has made no promise or prediction to Client about
the outcome of Client's claims or causes of action, except that Law Firm will request that the
Court award to Client an "incentive award" in the event of a settlement or successful
prosecution of the case.
Termination of Services
Prior to class certification, Client may terminate Law Firm's representation of Client at
any time if Client wishes to do so by giving Law Firm notice in writing of that wish. After
certification, if Client is appointed a Class Representative, Law Firm represents the certified
class and Client may not unilaterally terminate Law Firm's representation of the class. At that
point, Client may resign as a Class Representative and either remain in the class or opt-out of the
class.
Prior to class certification, Law Firm also will be able to terminate our representation if
we ever wish to do so by written notice of our intent to withdraw so that Client will have an
opportunity to retain other counsel. Before or after certification, Law Firm may withdraw from
the case only after notice and hearing, with right to object to Client.
Acceptance
Client has read this Agreement and Disclosure carefully and understands it. Law Firm
has suggested to Client that if Client has any questions about this Agreement, Client should
consult with another lawyer or law firm before signing this Agreement. By the signature
below, Client accepts this Agreement.
AGREEMENT FOR LEGAL SERVICES
(General Class Action)
Page 2 of 3
Dated this
Ci y of Laurel
Heenan & Cook
AGREEMENT FOR LEGAL SERVICES
(General Class Action)
Page 3 of 3