Sec. 2. (a) Except as provided in subsection (b), all political subdivisions shall be considered a party to any
settlement, including a settlement in lieu of
litigation, in opioid litigation by the
attorney general with an opioid party that is finalized with court approval after March 1, 2021. Except as provided in subsection (b), political subdivisions shall be bound by the terms of any opioid litigation settlement imposed by a
bankruptcy court or any other court of competent
jurisdiction as accepted by the attorney general.
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Terms Used In Indiana Code 4-6-15-2
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) A document submitted by a political subdivision under subsection (b) to opt out of the settlement shall include:
(1) the name of the political subdivision electing to opt out;
(2) contact information for an individual at the political subdivision who can provide information regarding the decision to opt out; and
(3) a certified copy of the resolution adopted by the political subdivision to opt out;
of the settlement.
(d) Notwithstanding subsection (b), a political subdivision may opt back in to a settlement by submission of:
(1) the name of the political subdivision opting back in;
(2) contact information for an individual at the political subdivision who can provide information regarding the decision to opt back in;
(3) a certified copy of the resolution adopted by the political subdivision to opt back in; and
(4) a copy of the agreement that includes a term setting the amount of attorney’s fees and costs owed to the private legal counsel executed between the private legal counsel of the political subdivision and the political subdivision that is opting back in;
to the settlement to the attorney general by July 15, 2022.
(e) A political subdivision that has not made a choice to opt out or that has opted back in to the settlement is bound by full release, waiver, and dismissal of all claims against the opioid party.
As added by P.L.165-2021, SEC.36. Amended by P.L.72-2022, SEC.1.
