SW Kansas News

Ford County, Kan., retained Sharp Law LLP to pursue a class action lawsuit against Exxon and other chemical manufacturers, according to records obtained by SW Kansas News through a Freedom of Information Act (FOIA) request.

The agreement, signed by the Ford County Board of County Commissioners in October 2024, authorized Sharp Law LLP to represent the county, either individually or as a class representative for other Kansas counties or cities, in seeking damages for “deceptive advertising of plastics and their creation of a public nuisance.”

The contingency fee structure specifies that the firm will receive “33% of all amounts recovered by settlement before trial; 36% of all amounts recovered by settlement during trial; 40% of all amounts recovered by settlement or payment of judgment after a trial.” If no recovery is obtained, Ford County owes nothing for fees or costs.

As a potential class representative, Ford County is tasked with “adequately and fairly represent[ing] the Class,” which includes assisting with notifying affected parties through mailings or newspaper publications, with costs covered by the law firm. While the county has not been promised special treatment, Sharp Law LLP may request additional compensation from the court for the county’s efforts as a class representative, though approval is not guaranteed.

The agreement stipulates that any settlement in a certified class action must be approved by the court, and Ford County agrees “not to settle the claims in any manner without the written consent of Attorneys.” Sharp Law LLP retains the right to associate with other attorneys or firms without additional cost to the county and may withdraw from the case if conflicts arise, recommending replacement counsel if needed.

Sharp Law LLP, based in Prairie Village, Kansas, specializes in complex litigation, including class actions. The firm’s engagement underscores a broader trend of municipalities taking legal action against corporations for environmental and public health issues.

SW Kansas News submitted this FOIA request as part of its commitment to providing comprehensive news coverage on local governmental affairs, in conjunction with The Coalition Opposing Governmental Secrecy, a non-profit organization dedicated to investigating government actions through FOIA and Sunshine Laws.

The decision by local governments to hire contingency-fee lawyers for such litigation was the topic of a recent white paper published by the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson (R). While the paper focuses on lawsuits related to the opioid epidemic, it raises broader legal questions about whether cities and counties have the authority to bring lawsuits on behalf of the public—an authority traditionally reserved for state attorneys general. 

Peterson argues that allowing local governments to pursue public-impact litigation through outside counsel could blur legal lines and create conflicts with state-level legal strategies.