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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 | ||