Indiana § 4-6-15-2 - Political subdivisions; bound by terms of litigation; opt out and opt back in provisions

§ 4-6-15-2. Political subdivisions; bound by terms of litigation; opt out and opt back in provisions

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.

(b) A political subdivision that has filed opioid litigation on or before January 1, 2021, may opt out of the settlement described in this section and choose to pursue its own claims by submitting written documentation as prescribed in subsection (c) to the attorney general by June 30, 2021. Except as provided in subsection (d), any political subdivision that opts out and chooses to maintain its own lawsuit under this section shall have no claim to any state or political subdivision funds paid according to the settlement authorized or approved by the attorney general.

(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.