S.M. 2020, c. 24
Bill 9, 3rd Session, 42nd Legislature
The Opioid Damages and Health Care Costs Recovery Act
TABLE OF CONTENTS | ||
1 | (1) | Definitions |
(2) | "Manufacturer" — exclusions | |
(3) | Meaning of "related" | |
(4) | Meaning of "affiliate" | |
(5) | Deemed affiliate | |
(6) | Formula for determining market share | |
2 | (1) | Direct action |
(2) | Action not subrogated | |
(3) | Action independent of recovery by others | |
(4) | Recovery for individuals or on aggregate basis | |
(5) | Action brought on aggregate basis | |
3 | (1) | Recovery of cost of health care benefits on aggregate basis |
(2) | Presumptions | |
(3) | Effect of presumptions | |
(4) | Reduction or readjustment of liability | |
4 | (1) | Joint and several liability |
(2) | Joint breach | |
5 | Population-based evidence | |
6 | (1) | Limitation periods |
(2) | Certain proceedings revived | |
7 | (1) | Liability based on risk contribution |
(2) | Two or more defendants | |
(3) | Considerations | |
8 | (1) | Apportionment of liability in opioid-related wrongs |
(2) | Action or proceeding for contribution | |
(3) | Action or proceeding may be commenced even if damages or costs not paid | |
(4) | Factors for apportioning liability and contributions | |
9 | Regulations | |
10 | Retroactive effect | |
11 | Crown as class member | |
12 | (1) | Class proceeding |
(2) | Opting out permitted | |
13 | (1) | Definition — "proceeding" |
(2) | Effect of prior agreements | |
(3) | Deducting compensation | |
(4) | No proceedings | |
(5) | Order not enforceable | |
14 | C.C.S.M. reference | |
15 | Coming into force | |
SCHEDULE |