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The Opioid Damages and Health Care Costs Recovery Act

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