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

Indiana Statutes

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

Indiana·Art. 6 ATTORNEY GENERAL·Ch. 15 Opioid Litigation and Settlements

(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 b

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(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.

Indiana § 4-6-15-2 (Political subdivisions; bound by terms of litigation; opt out and opt back in provisions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.