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Hillsborough County Public Schools, Florida
Tuesday, 07/28/2020
School Board Meeting
Title

C6.01 - Request Approval of the Legal Services Agreement Regarding Electronic Cigarette/Vaping Litigation with the law firms of Wagstaff and Cartmell, LLP; Young & Partners, LLP; The Maher Law Firm; TorHoerman Law, LLC; Goza & Honnold, LLC; Beasley Allen Crow Methvin Portis & Miles, P.C.; Baron & Budd, P.C.; Panish Shea & Boyle, LLP; Walkup Melodia Kelly & Schoenberger, P.C. (Finance Division)

Description

In recent years, teenage use of electronic cigarettes and vaping products have dramatically increased. Medical evidence supports the severe harm individuals risk by the use of electronic cigarettes and vaping. This includes nicotine addiction, behavior and mental health problems, and health issues (cardiovascular disease, cancer, breathing issues, etc.)  

Juvenile vaping among public school students in Hillsborough County is widespread, causing the District and its schools to expand various resources to try to address this practice. Joining litigation with school districts in Florida and across the country against the manufacturers of electronic cigarettes and vaping products will help to bring to light the increased medical problems and expenses associated with to the manufacturing, marketing, sale, and use of electronic cigarettes and vaping products.

Other Florida school districts in this class action lawsuit: 

The School Board of Palm Beach County, Florida

The School Board of Lee County, Florida

The School Board of Pinellas County, Florida

The School Board of Seminole County, Florida

The School Board of Orange County, Florida

The School Board of Brevard County, Florida

Escambia County School District

The School Board of Broward County, Florida

The School Board of Miami-Dade County, Florida

Gap Analysis

School districts in Florida and the Nation are joining together to stop the growing use of electronic cigarettes and vaping products.

Previous Outcomes

This is a new subject matter for our Board and community.

Expected Outcomes

Upon approval, we will join other school districts in this litigation.

Strategic Plan Goal

* Provide a student-centered learning environment that engages every child

* Engage and communicate with families and stakeholders

* Demonstrate "best practices" in all aspects of safety: student, employee, visitor, facility, transportation, and health

Recommendation

Approve the Legal Services Agreement regarding electronic cigarette/vaping litigation with the law firm of Wagstaff and Cartmell, LLP; Young & Partners, LLP; The Maher Law Firm; TorHoerman Law, LLC; Goza & Honnold, LLC; Beasley Allen Crow Methvin Portis & Miles, P.C.; Baron & Budd, P.C.; Panish Shea & Boyle, LLP; Walkup Melodia Kelly & Schoenberger, P.C.

Contact

Gretchen Saunders, Chief Financial Officer, gretchen.saunders@hcps.net, (813) 272-4270

Financial Impact

Payment of all attorney’s fees and costs associated with this agreement is contingent upon and limited to the Board actually receiving a recovery through a verdict or settlement in the case against the potential defendants. Costs and expenses associated with the case will be deducted from the gross recovery and the remaining amount, if any, will be divided between the Board and law firms with the Board receiving 75 percent of the net recovery and the law firms receiving 25 percent of the net recovery.  In the event the Board does not receive a recovery, the Board will have no liability to the law firms for costs, expenses or attorney’s fees.

Review Comments

Gretchen Saunders , Chief Financial Officer (813) 272-4270