Kroger Subdivision Cost and Expense Fund Application Information

The MDL Court has appointed the Cost & Expense Fund Administrator to administer the Kroger Subdivision Cost and Expense Fund (“Kroger Cost Fund”) as provided in Exhibit R of the Kroger Global Opioid Settlement Agreement. Below you will find information and links to documents for Subdivision counsel to apply for reimbursement of eligible costs and expenses from the Kroger Cost Fund.

Kroger Cost Fund Application Procedures and Documents Eligibility

Attorneys engaged in Qualifying Representations of Participating Litigating Subdivisions, as defined in the Settlement Agreement, may be eligible for reimbursement of costs and expenses incurred through December 31, 2024.   Only costs and expenses reasonably incurred in furtherance of active litigation of a designated state or federal bellwether trial-set case in pursuit of claims against Kroger, or those that are Common Benefit, are eligible for reimbursement from the Kroger Cost Fund.

Application Deadline

Applications to the Kroger Cost Fund, including submission of mandatory Expense Reports, must be completed within the Rubris Crosslink system.  The Crosslink Application is now live.  Applications must be submitted no later than Monday, September 15, 2025.

Prior Distributors/Janssen Litigating Subdivision Cost Fund Applicants

Counsel who applied for reimbursement from the Joint Global Subdivision Cost Fund will receive a notice from Crosslink to complete the Kroger Subdivision Cost and Expense Fund Application.  This notice will be sent on or before July 15, 2025. The Crosslink Application will include a spreadsheet that is pre-populated with the Expenses described below.

MDL Expenses:  MDL Participating Counsel who are required under the MDL Court’s Common Benefit Order (Doc. 358) to submit monthly common benefit time and expenses will receive a pre-populated spreadsheet in their Crosslink Application listing expenses that were (i) submitted to the Auditor and (ii) incurred on or before December 31, 2024, and (iii) not previously reimbursed or disallowed.

Rollover Expenses:  The Auditor previously disallowed reimbursement of certain expenses from the Joint Global Subdivision Cost Fund.  Applicants may now be eligible for reimbursement of those same expenses from the Kroger Subdivision Cost and Expense Fund.  Applicants will receive a pre-populated spreadsheet in their Crosslink Application containing those previously-disallowed expenses.  This includes, but is not limited to: (i) expenses incurred after December 31, 2023, and (ii) expenses incurred in furtherance of representation of a non-participating subdivision.

Applicants who do not have MDL Expenses or Rollover Expenses will not be provided a pre-populated spreadsheet.  These Applicants must complete the Kroger Cost Fund Expense Fund Report in the Crosslink Application. Applicants shall not add to the Expense Report any expenses that were previously reimbursed or disallowed. Applicants seeking reimbursement for expenses not included on the pre-populated spreadsheet that were not previously reimbursed or disallowed may add those expenses to the spreadsheet.

Applicants must download, review, and edit the pre-populated expense spreadsheet for compliance with the Expense Billing Guide prior to resubmitting for reimbursement from the Kroger Cost Fund.

New Kroger Cost Fund Applicants

Counsel and Subdivisions who did not apply for reimbursement from the Joint Global Subdivision Cost and Expense Fund, but who now want to apply for reimbursement from the Kroger Cost Fund, must request access to the application process. The Cost and Expense Fund Administrator has engaged Rubris Inc. to process Cost Funds Applications for the National Opioids Settlements through its Crosslink system.  To request access to the secure application system, you must send an email to CrosslinkSupport@rubris.com and provide the name of the law firm, subdivision, or tribal government, contact name, and email address for each individual requiring access to the application. At least one attorney must be specified as the account administrator for the law firm and should be identified in the request. Please use the following Email subject: Request for Access to Kroger Cost Fund Application.  Applicants must obtain separate access for each Fund application to which they wish to apply (Contingency Fee Funds, Common Benefit Funds, and Cost Funds).

Applicants who have not previously applied for reimbursement from the Joint Global Subdivision Cost and Expense Fund must complete the application in Crosslink, including submitting in Crosslink the Kroger Cost Fund Expense Report.

Application Exemplar

An exemplar of the Kroger Cost Fund Application can be downloaded by clicking on the link below. 

Note:  The Kroger Cost Fund Application exemplar is provided to Applicants as a courtesy, to allow them to begin collecting necessary information.  Submission of the Kroger Cost Fund Application must be done through Crosslink, and the actual application format is subject to change.

Mandatory Expense Reports

Each Applicant who submits an application to the Kroger Cost Fund must submit in the Crosslink application an Expense Report for costs and expenses incurred through December 31, 2024.  Some Applicants will receive a pre-populated Expense Report spreadsheet in their in Crosslink Application. Applicants who are not provided a pre-populated expense spreadsheet should click on the link below to download the Expense Report template and Expense Billing Guide.

          Kroger Cost Fund Expense Report

          Kroger Cost Fund Expense Billing Guide

Note: the above Expense Report template should only be used by Applicants who are not provided a pre-populated expense spreadsheet in their Kroger Cost Fund Crosslink Application. 

ORDERS AND DOCUMENTS

Frequently Asked Questions – Joint Global Cost Fund

Frequently Asked Questions – Litigating Subdivision Cost Fund And Cost Fund Application

Cost Fund Application and Expense Reporting Webinar Materials

Guide to Expense Billing Under the Distributors and Janssen Settlement Agreements

Order Establishing Application Protocols for Compensation of Costs and Expenses Under the Janssen and Distributors Settlement Agreement

Fee Panel Order No. 1 Regarding Applications For Fee and Cost Awards

Fee Panel Order No. 13 Regarding Reimbursement for Contract Attorney Work

Fee Panel Order No. 41 Regarding Supplemental Applications for Costs

FREQUENTLY ASKED QUESTIONS

Responses to Frequently Asked Questions concerning the Litigating Subdivision Cost Fund and the Litigating Subdivision Cost Fund Application can be found by clicking HERE.