A RESOLUTION AUTHORIZING THE RETENTION
OF SIMONSEN SUSSMAN LLP AND BARON & BUDD,
P.C. TO PURSUE ANTITRUST CLAIMS RELATING
TO FIRE APPARATUS PURCHASES
WHEREAS, pursuant to Section 153 of the Charter of the City of Mount Vernon, the Corporation Counsel has requested authorization to retain Simonsen Sussman LLP and Baron & Budd, P.C. to commence and prosecute an individual antitrust action on behalf of the City of Mount Vernon arising from the City’s purchases of fire apparatus; and
WHEREAS, the contemplated litigation concerns allegations that consolidation within the fire-apparatus industry has substantially reduced competition, increased the prices paid for fire apparatus, and contributed to significant delivery delays affecting municipalities nationwide; and
WHEREAS, the contemplated claims may include causes of action under the Sherman Act, the Clayton Act, the New York Donnelly Act, and other applicable federal and state laws against Oshkosh Corporation, Pierce Manufacturing, REV Group, and other affiliated manufacturers and entities; and
WHEREAS, the City of Mount Vernon purchased one (1) ladder truck in 2020 for $1,349,000, one (1) pumper in 2021 for $1,241,585, and two (2) pumpers in 2025 for a combined purchase price of $1,799,500, resulting in aggregate fire-apparatus purchases of $4,390,085; and
WHEREAS, based upon a preliminary assumption that one-half of the City’s aggregate purchase price represents an anticompetitive overcharge, the City’s estimated actual damages are approximately $2,195,042.50; and
WHEREAS, because proven damages under applicable antitrust laws may be subject to trebling, the City’s preliminary estimated recovery could be approximately $6,585,127.50, exclusive of any additional damages that may be established as a result of delivery delays, replacement-parts overcharges, or other losses; and
WHEREAS, the foregoing damage estimates are preliminary and are intended solely for purposes of evaluating the potential value of the City’s claims, with the amount ultimately recoverable to be determined by the evidence developed through investigation and litigation; and
WHEREAS, Simonsen Sussman LLP and Baron & Budd, P.C. propose to represent the City on a contingency-fee basis, under which the City will not be required to pay attorneys’ fees or litigation expenses in advance, and counsel will advance litigation costs and receive compensation only if the City obtains a recovery, subject to the terms of the proposed retainer agreement; and
WHEREAS, the proposed counsel presently represents numerous municipalities asserting comparable claims and has offered to represent the City individually, thereby permitting counsel to develop and present the specific damages arising from the City’s fire-apparatus purchases, delivery delays, replacement-parts expenditures, and other potentially recoverable losses; and
WHEREAS, proposed class actions are pending in In re Fire Apparatus Antitrust Litigation, Case No. 2:26-md-03179, in the United States District Court for the Eastern District of Wisconsin; however, no class has yet been certified, and the City retains the right to retain independent counsel and pursue its own individual claims if it determines that doing so is in its best interests; and
WHEREAS, the Law Department has determined that the proposed engagement is in the best interests of the City because it provides the City with an opportunity to pursue a potentially substantial recovery without requiring the expenditure of currently appropriated municipal funds for attorneys’ fees or litigation expenses; and
WHEREAS, the Board of Estimate and Contract has reviewed the request and finds that retaining qualified outside counsel on a contingency fee basis is in the best interests of the City and its taxpayers; now, therefore, be it
RESOLVED:
Section 1. Authorization to Retain Counsel. The City of Mount Vernon hereby authorizes the retention of Simonsen Sussman LLP and Baron & Budd, P.C. to investigate, commence, prosecute, negotiate, and otherwise pursue, on behalf of the City, individual antitrust claims arising from the City's purchases of fire apparatus and any related damages.
Section 2. Scope of Representation. The authorized representation shall include, but shall not be limited to, claims arising under the Sherman Act, the Clayton Act, the New York Donnelly Act, and other applicable laws relating to alleged anticompetitive conduct in the fire-apparatus industry, including claims concerning alleged overcharges, delivery delays, replacement-parts expenditures, and other damages sustained by the City.
Section 3. Individual Action. The City is authorized to pursue its claims individually and independently of any proposed or pending class action, including the litigation captioned In re Fire Apparatus Antitrust Litigation, Case No. 2:26-md-03179, pending in the United States District Court for the Eastern District of Wisconsin.
Section 4. Contingency-Fee Representation. The representation shall be undertaken pursuant to a contingency fee arrangement in accordance with the proposed retainer agreement. The City shall not be required to pay attorneys’ fees or litigation expenses in advance, and counsel shall advance litigation expenses as provided in the retainer agreement, with counsel’s compensation contingent upon the City’s recovery, subject to the terms and conditions of the agreement.
Section 5. Approval of Retainer Agreement. The proposed retainer agreement with Simonsen Sussman LLP and Baron & Budd, P.C. is hereby approved, subject to review and approval as to form by the Corporation Counsel and compliance with all applicable laws and City requirements.
Section 6. Authorization to Execute Documents. The Mayor and Corporation Counsel are hereby authorized to execute the retainer agreement and any amendments, notices, pleadings, authorizations, affidavits, releases, settlement documents, or other related documents reasonably necessary to effectuate the purposes of this Resolution, subject to applicable law.
Section 7. Authority of Corporation Counsel. The Corporation Counsel is hereby authorized to take all actions reasonably necessary and appropriate to investigate, commence, prosecute, negotiate, settle, or otherwise pursue the City’s individual antitrust claims and to coordinate with retained counsel in connection therewith.
Section 8. No Advance Municipal Expenditure. Except as may otherwise be expressly provided in the approved retainer agreement, the City shall not be required to appropriate or expend current municipal funds for attorneys’ fees or litigation expenses in connection with the authorized representation.
Section 9. No Determination of Final Damages. The preliminary estimates of damages referenced herein shall not constitute a final determination of the City’s actual damages or potential recovery. The City’s ultimate recovery, if any, shall be determined by the evidence developed through investigation, discovery, litigation, settlement, or other resolution of the City’s claims.
Section 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the remaining provisions or applications of this Resolution.
Section 11. Effective Date. This Resolution shall take effect immediately upon adoption by the Board of Estimate and Contract.
BE IT FURTHER RESOLVED, that the appropriate City officials, including the Mayor, Corporation Counsel, Comptroller, and any other authorized officers or employees of the City, are hereby authorized and directed to take all actions necessary to carry out and effectuate the purposes of this Resolution.